These Terms of Service (“Terms”) form a binding legal contract between you and Amplifier Strategies LLC d/b/a Tickets for Good (“Amplifier,” “we” or “us”). These Terms apply to your use of the Amplifier website located at tixforgood.org (“Site”) and any of our related services, content or applications (the Site and these services, content and applications together will be called the “Services”). By using the Services, you affirm that you are able and legally competent to accept and agree to these Terms and our Privacy Policy. If you do not agree to all of the terms and conditions in these Terms as stated herein, please do not use the Services.
Notice Regarding Dispute Resolution and Your Right to Opt-Out: These Terms contain provisions governing how claims you and we may have against each other are resolved (see the Arbitration Agreement section below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require each party to submit claims against the other to binding arbitration. Unless you opt-out of arbitration per the Arbitration Agreement section below: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Links to specific topics
- Additional Terms
- Description of the Services
- Donations
- Refunds and Exchanges
- United States Services
- Users and Accounts
- Privacy
- Personal Use Only
- Responsible Use of Online Services
- Content Submission Terms
- Gift Cards
- Provision or Suspension/Withdrawal of the Services
- Social Media Access
- Mobile Access
- Indemnity, Disclaimers, and Limits of Liability
- Legal Disputes
- Arbitration Agreement
- Copyright and Trademark
- Links
- Errors and Inaccuracies
- Changes/Updates
- Miscellaneous
- Contact Amplifier
Additional Terms
Certain services offered by or through the Services may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Other terms include the Privacy Policy.
Description of the Services
We offer the Services as a tool to enable you to participate in online sweepstakes promotions or prize draws (each a “Sweepstakes”) to benefit one or more charitable organizations (each a “Non-Profit”). You can participate in a Sweepstakes after you create an account (see below for details on accounts) and enter for free or by making a donation. No purchase, payment, or donation is necessary to enter or win in a Sweepstakes. For more information on Sweepstakes, see the Official Rules and the applicable Sweepstakes page.
Donations
In addition to the free option(s) to enter a Sweepstakes, you may choose to enter a Sweepstakes by supporting one or more Charities by making a voluntary donation (“Donation”) to Players Philanthropy Fund (“Platform Charity”), a U.S. 501(c)(3) tax-exempt public charity (Federal Tax ID 27-6601178, ppf.org/pp). Platform Charity receives Donations from each Sweepstakes with an intention to make a grant of the net proceeds (defined below) of that Sweepstakes to the applicable Non-Profit(s) listed on the Sweepstakes page for that Sweepstakes and designated by the donor to receive a grant from their donation, including by pre-qualifying the Non-Profit for a grant. In the unlikely event that a Non-Profit loses its tax exempt status or otherwise ceases to be eligible to receive a grant from the Platform Charity, or if making a grant otherwise becomes impractical or impossible, the Platform Charity reserves the right to re-direct grants to another charitable organization, but Platform Charity will attempt to select an alternate charitable organization that supports a cause similar to that of the disqualified Non-Profit.
Within approximately 30 days after the end of each Sweepstakes, or when the prize(s) are confirmed delivered, whichever comes first, and assuming the Non-Profits listed in the Sweepstakes remain eligible to receive a grant from Platform Charity at the end of the Sweepstakes, Platform Charity will grant to each such Non-Profit its pro-rata share of the “net proceeds” from the Sweepstakes, based on the Non-Profits selected by entrants who choose to make a voluntary donation.
The “net proceeds” from a Sweepstakes are calculated based on the total Donations received for the Sweepstakes minus any costs and expenses for that Sweepstakes. Costs and expenses may include advertising, payment processing, and prize acquisition/fulfillment. After deduction of costs, the Platform Charity and Amplifier receive 6% and 20%, respectively, of the remainder. The balance comprises the “net proceeds” to support the selected Non-Profits.
If you choose to donate to support a Non-Profit on Amplifier’s platform, you are making a Donation to the Platform Charity. You are not required to make a Donation to enter into a Sweepstakes. Making a Donation does not increase your chances of winning in any Sweepstakes. All Donations made by U.S. donors through Amplifier’s platform are tax-deductible to the extent allowed by law. If you receive a gift/reward (other than a Sweepstakes prize) for making a Donation, the deductible amount of that Donation for U.S. federal tax purposes may be limited to the amount of the Donation that is in excess of the fair market value of goods or services provided. For any questions related to tax obligations, consult your tax advisor. If you need a duplicate or replacement receipt for tax purposes, please contact us at info@tixforgood.org. Except as otherwise provided below, Donations are non-refundable.
Refunds and Exchanges
Donations are non-refundable once a Sweepstakes has ended. You may seek a refund in the following limited circumstances: (1) fraud, (2) valid chargeback by credit card issuer, or (3) if a Sweepstakes must be terminated prior to the scheduled drawing. If you believe you are entitled to a refund, please contact us as info@tixforgood.org. Please note that we cannot exchange prizes.
United States Services
The Site and Services are owned and operated by us in the United States and are intended for use only by persons located in all 50 US States, which list may be modified by us from time to time. All dollar amounts displayed on the Site are in U.S. Dollars.
Users and Accounts
To use the Services, you will be required to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Amplifier if you discover or suspect that your account has been hacked or its security breached.
If you wish to use our Services and/or create an account, you represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Services.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.
Privacy
In connection with your use of the Services, please review our Privacy Policy in order to understand how we process, use, and share information we collect from or about you when you access, visit or use the Services.
Personal Use Only
The Services are owned by Amplifier and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Services. You may not save or archive a significant portion of the material appearing in or on the Services. All rights not expressly granted herein are reserved by Amplifier.
Responsible Use of the Services
You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Services:
(a) for any purpose that is unlawful or prohibited by these Terms;
(b) to cause harm or damage to any person or entity;
(c) to interfere with the proper operation of the Services; or
(d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Amplifier in its sole discretion) or viruses or other malware which may harm the operation of the Services or anyone else’s computer.
(e) to create an account for the purpose of making a competitive assessment of our services or incorporating any information or other content from the Services into any service you offer to third parties;
(f) to engage in bad online citizenship, such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by your own posted privacy, or attempt to reverse engineer or hack into our systems;
(g) to access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Site by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute; or
(h) to reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AMPLIFIER AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Content Submission Terms
You are solely responsible for all content you may submit (“User Content”). You warrant and represent that your User Content does not contain any material or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable, or invasive of another’s rights including but not limited to rights of copyright, celebrity, publicity, privacy, and intellectual property, or otherwise in violation of any federal, state, or local law, rule or regulation.
We have no obligation, but reserve the right, to monitor, flag, delete, or refuse to reproduce any User Content we believe may be in violation of these Terms, and to terminate any accounts based on such User Content. Under no circumstances will Amplifier be liable in any way for any loss of any User Content. The Site is not intended as a storage depository for User Content. You are responsible for retaining copies of your User Content.
You retain ownership of all User Content you submit, and you grant us and our designees the non-exclusive right to use such on the Site and elsewhere in our discretion.
Gift Card Terms
Gift Cards may only be used once per user, per sweepstakes
We have no obligation, but reserve the right, to monitor, flag, delete, or refuse any sweepstakes entries beyond 1 use per user, per sweepstakes.
Provision or Suspension/Withdrawal of the Services
We are constantly evolving and improving the Services and may add or change features and offerings in the future. You understand and agree that: (a) the Services may change from time to time without notice to you. Any new feature that augments, enhances, or modifies the Services is subject to these Terms; (b) we may decline to provide access to the Services or stop (permanently or temporarily) providing the Services (or any feature, program, or content within the Services) to you or other users at our sole discretion, without notice or liability to you; and (c if we disable access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which may be contained in your account.
Mobile Access
If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.
Indemnity, Disclaimers, and Limits on Liability
Indemnity
You agree to indemnify, defend, and hold harmless Amplifier, the Platform Charity, the listed Non-Profits and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. Amplifier reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Amplifier assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
Disclaimers
To the extent permitted by applicable law, all material or items provided through the Services are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Services, we do not represent or imply that we endorse any materials or items available on or linked to by the Services, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Services. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Services and your use thereof.
To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Services content, the content of any site linked to the Services, or information or any other items or materials on the Services or linked to by the Services. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Services, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Services.
Limitations on Liability
To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Services, materials, or any other content therein. Notwithstanding anything to the contrary contained in these Terms, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50.
Legal Disputes
In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes.
Exceptions to Disclaimers and Exclusions of Damages
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey Residents: Nothing herein restricts the ability to recover damages, legal fees or costs where mandated by statute.
Timing of Claims
You must bring any claim you have against Amplifier relating to these Terms or the Services within two years from the date of accrual of the applicable claim.
Arbitration Agreement
MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER: You and Amplifier agree to resolve any dispute that arises out of these Terms or your use of the Services (a “Claim”) in accordance with one of the subsections below or as Amplifier and you otherwise agree in writing.
- YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (OR IN SMALL CLAIMS COURT).
- Informal Dispute Resolution Procedure. We are available at info@tixforgood.org to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating an arbitration or small claims court suit. If you or we intend to seek arbitration or file a small claims court suit, the party seeking arbitration or small claims court must first notify the other party of the dispute in writing at least 45 days in advance of initiating the arbitration or small claims court suit (the “Notice Period”). Notice to Amplifier should be sent to info@tixforgood.org. The notice must include enough information to allow the receiving party to assess and attempt to resolve the dispute, including but not limited to, (i) the name, address, telephone number, and email address of the party seeking arbitration or small claims court, (ii) the product or service at issue, (iii) a description of the claim, (iv) the facts supporting the claim, (v) the damages claimed to have been suffered, and (vi) the relief being sought (the “Dispute Notice”). The Notice Period is designed to allow you or Amplifier to make a fair, fact-based offer of settlement if either party chooses to do so. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this section.Agreement to Binding Arbitration, Except for Small Claims Court. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time a Dispute Notice is sent pursuant to point 2 above, then either party may initiate binding arbitration (or bring an action in small claims court pursuant to point 4 below). All Claims arising out of or relating to these Terms or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its then-effective rules for consumer disputes (“Consumer Rules”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the Consumer Rules. Except as stated to the contrary in point 4 or 5 below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or scope of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. In an arbitration, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees (collectively, “JAMS-related fees”), or $200.00 of such fees, whichever is less, and we shall pay the remainder of such fees. If the law allows for an award of attorney’s fees, expert witness fees, or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, JAMS-related fees and/or costs.
Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.
The parties understand that, absent these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial. They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.
- Small Claims Court Remains Available. Notwithstanding anything in these Official Rules to the contrary, for disputes within the jurisdictional limit of the small claims court in the county encompassing the dispute, either you or we can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or we may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and JAMS of that choice in writing. You and we agree that, after receiving notice from you or us that the claims shall be decided by a small claims court rather than in arbitration, JAMS shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this point 4 specifically shall be decided by a court rather than an arbitrator; pending resolution of any such disagreements by a court, you and Amplifier agree that the arbitration shall be stayed. If the provisions in this point 4 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
- Class Action and Class Arbitration Waiver. You and we acknowledge and agree that you and Amplifier are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this point 5, then you and we agree that the Claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable Claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this point 5 cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Terms to the contrary, all disputes related to the enforceability and applicability of this Class Action and Class Arbitration Waiver and the provisions of this point 5 specifically shall be resolved by a court and not an arbitrator.
- Exception – Mass Arbitration. Notwithstanding anything in these Terms to the contrary, if we receive 30 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for us shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this point 6 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: info@tixforgood.org. The notice must be sent within thirty (30) days of creating your account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this point 7. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. In the event that the arbitration provisions set forth herein are determined not to apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Camden, New Jersey (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Camden, New Jersey for any litigation other than small claims court actions. In the event of litigation relating to these Terms or your use of the Services, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Copyright and Trademark
Unless otherwise noted, all materials appearing on the Services for public viewing are protected as the copyrights, trade dress, trademarks and/or other intellectual property of Amplifier or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Services. All rights not expressly granted are reserved.
Amplifier is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than copyright or trademark infringement, please email info@tixforgood.org. We may, in our sole discretion, limit, suspend, or terminate any user’s access or account, delay or remove content, and take technical and legal steps to keep users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Digital Millennium Copyright Act (“DMCA”) Policy
Amplifier will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to:
Copyright Agent
Attn: Tim Chew
Amplifier Strategies LLC,
600 G St. Suite 244, Millville NJ 08332
Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
Digital Millennium Copyright Act (“DMCA”) Policy
Amplifier will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to:
Copyright Agent
Attn: Tim Chew
Amplifier Strategies LLC,
600 G St. Suite 244, Millville NJ 08332
Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
Links
The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Amplifier. Amplifier has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that these Terms and Amplifier’s Privacy Policy do not apply to your use of these third-party websites. We encourage you to read the terms and privacy policies of any third-party website or service that you visit.
Errors and Inaccuracies
The Services may contain errors, inaccuracies or omissions related to product descriptions, promotions, offers, availability and other information. If any information in the Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information without prior notice.
Changes/Updates
We will notify you of changes to these Terms by posting the amended terms on the Services and providing any advance notice required by law. If you have provided us with your email address, we will also notify you of material changes to these Terms that affect your substantive rights by sending an email before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the Services. Otherwise, the new terms will take effect on the date listed in the notice we provide. Amplifier employees do not have the right to modify these Terms orally or otherwise. If any employee of Amplifier offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Amplifier or speaking on our behalf.
Miscellaneous
Applicable Law
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Amplifier relating to use of any aspect of the Services.
Entire Agreement
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Amplifier.
Severability
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
Contact Amplifier
If you have questions regarding any of these Terms, you can email us at info@tixforgood.org.
Social Media Access
In addition to creating an account through the Services, you may also have the option of logging in to the Services through a third-party social media service that you belong to, such as Facebook or Twitter. By logging in to Services through these social media services, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account in the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services please review the privacy settings applicable to your account with the applicable social media service.