AMA Hits :: Tomorrow's Hits Today!

Terms Of Service

January 1, 2011

Xpressions Entertainment Inc. ("AMA Hits", or "we") operates Amahits.com, which is a music networking service that allows Members to sell their music and create unique personal profiles online in order to find and communicate with entertainment industry professionals, and others. The services offered by AMA Hits include any AMA Hits branded URL (the "AMA Hits Website"), the AMA Hits instant messaging service, the AMA Hits application developer service and other features (for example, video embedded players), AMA Hits, and any other features, content, or applications offered from time to time by AMA Hits in connection with AMA Hits’s business (collectively, the "AMA HITS services"). The AMA HITS Services are hosted in Canada.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AMA HITS services. By using the AMA HITS services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the AMA Hits website, including through a mobile device, or otherwise use the AMA HITS services without being registered) or you are a "Member" (which means that you have registered with AMA Hits). The term "User" refers to a Visitor or a Member. You are only authorized to use the AMA HITS services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the AMA Hits website and discontinue use of the AMA HITS services immediately. If you wish to become a Member, communicate with other Members and/or make use of the AMA HITS services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes AMA Hits policy for acceptable use of the AMA HITS services and content (as defined in Section 6.1 below) posted on or through the AMA HITS services and your rights, obligations and restrictions regarding your use of the AMA HITS Services and Content posted on or through the AMA HITS services. In order to participate in certain AMA HITS services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from AMA Hits unless otherwise provided by the additional terms and conditions applicable to the AMA HITS services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

AMA Hits may modify this Agreement from time to time and such modification shall be effective upon posting by AMA Hits on the AMA Hits Website. Your continued use of the AMA HITS services after AMA Hits posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the AMA HITS services and that you provide to other Users. Your AMA Hits profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other AMA Hits Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and AMA Hits assumes no responsibility or liability for this material. If you become aware of misuse of the AMA HITS services by any person, please click on the "Contact Us” link at the bottom of the AMA Hits Website pages.

AMA Hits reserves the right, in its sole discretion, to reject, refuse to post or remove any

posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the AMA HITS services at any time, for any or no reason, with or without prior notice or explanation, and without liability. AMA Hits expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the AMA HITS services if AMA Hits determines, in its sole discretion that you have violated this Agreement or pose a threat to AMA Hits and/or its Users.

Eligibility. Use of the AMA HITS services and registration to be a Member for the AMA HITS services (“Membership”) is void where prohibited. By using the AMA HITS services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the AMA HITS services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the AMA HITS services or are a Member. You may terminate your Membership at any time, for any reason, by emailing the contact email listed on the privacy policy page. AMA Hits may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
Fees. You acknowledge that AMA Hits reserves the right to charge for any portion of the AMA HITS services and to change its fees (if any) from time to time in its discretion. If AMA Hits terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify AMA Hits immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. All passwords are encrypted once you submit or change your password. AMA Hits and its staff have no access to viewing the encrypted passwords in its un-encrypted form.
Use by Members. The AMA HITS services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by AMA Hits. AMA Hits reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the AMA HITS services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AMA Hits Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. AMA Hits reserves the right to take appropriate legal action for any illegal or unauthorized use of the AMA HITS services.
Proprietary Rights in Content on AMA Hits.
1. AMA Hits does not claim any ownership rights in the text, files, images,photos, video, music, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the AMA HITS Services. After posting your Content to the AMA HITS Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the AMA HITS services, you hereby grant to AMA Hits a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the AMA HITS Services, including without limitation distributing part or all of the AMA Hits Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the AMA Hits Website. This limited license does not grant AMA Hits the right to sell or otherwise distribute your Content outside of the AMA HITS services..
2. The license you grant to AMA Hits is non-exclusive (meaning you are free to license your Content to anyone else in addition to AMA Hits), fully-paid and royalty-free (meaning that AMA Hits is not required to pay you for the use on the AMA HITS services of the Content that you post), sublicensable (so that AMA Hits is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the AMA HITS services), and worldwide (because the Internet and the AMA HITS Services are global in reach).
3. You represent and warrant that: (i) you own the Content posted by you on or through the AMA HITS Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the AMA HITS Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the AMA HITS services.
4. The AMA HITS Services contain Content of AMA Hits ("AMA HITS Content"). AMA HITS Content is protected by copyright, trademark, patent, trade secret and other laws, and AMA Hits owns and retains all rights in the AMA HITS Content and the AMA HITS Services. AMA Hits hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AMA HITS Content (excluding any software code) solely for your personal use in connection with viewing the AMA Hits Website and using the AMA HITS Services.
5. The AMA HITS Services contain Content of Users and other AMA Hits licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the AMA HITS Services.
6. AMA Hits performs technical functions necessary to offer the AMA HITS Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the AMA HITS Services.
7. AMA Hits respects copyright and other laws. AMA Hits requires all members to comply with copyright and other laws. AMA Hits does not, by the supply of the AMA Hits website and Video Upload Service, authorize you to infringe the copyright or other rights of third parties.

As a condition to use the AMA Hits web site, you agree that you must not use the Video Upload Service to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You agree to obtain the proper rights and permissions from the copyright owners before you submit or upload any content to AMA hits.com, and any of our network sites.

Members are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a member fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a member may be exposed to civil and criminal liability, including possible fines and jail time

Content Posted.
AMA Hits may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AMA Hits violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. AMA Hits assumes no responsibility for monitoring the AMA HITS services for inappropriate Content or conduct. If at any time AMA Hits chooses, in its sole discretion, to monitor the AMA HITS services, AMA Hits nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
1. You are solely responsible for the Content that you post on or through any of the AMA HITS services, and any material or information that you transmit to other Members and for your interactions with other Users.

Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the AMA HITS services. AMA Hits reserves the right to investigate and take appropriate legal action against anyone who, in AMA Hits sole discretion, violates this provision, including without limitation, removing the offending Content from the AMA HITS services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of AMA Hits:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without prior written consent from AMA Hits such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph or video of another person that you have posted without that person's consent;
15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
16. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the AMA Hits Website and through your use of the AMA HITS services. AMA Hits reserves the right to investigate and take appropriate legal action against anyone who, in AMA Hits's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the AMA HITS services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, AMA Hits reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AMA Hits deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the AMA HITS services, you acknowledge that you will have caused substantial harm to AMA Hits, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay AMA Hits $50 for each such unsolicited email or other unauthorized commercial communication you send through the AMA HITS services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the AMA HITS services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your personal profile page, or any AMA Hits page via HTML/CSS or any other means;
any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the AMA HITS services or the networks or services connected to the AMA HITS services;
impersonating or attempting to impersonate another Member, person or entity;
for profiles containing an AMA Hits player, copying the code for your AMA Hits Player and embedding it (or directing others to embed it) anywhere other than your profile on AMA Hits;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the AMA HITS services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the AMA HITS services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
using the AMA HITS services in a manner inconsistent with any and all applicable laws and regulations.

17. Protecting Copyrights and Other Intellectual Property. AMA Hits respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. AMA Hits has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the AMA HITS services in a way that constitutes copyright infringement, please send AMA Hits a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the AMA HITS services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

Member Disputes. You are solely responsible for your interactions with other AMA Hits Members. AMA Hits reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Privacy. Use of the AMA HITS services is also governed by our PRIVACY POLICY, which is incorporated into this Agreement by this reference.
Disclaimers. AMA Hits is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the AMA HITS services, whether caused by Users of the AMA HITS services or by any of the equipment or programming associated with or utilized in the AMA HITS services and such User Content does not necessarily reflect the opinions or policies of AMA Hits. Profiles and third party applications created and posted byMembers on the AMA Hits Website may contain links to other websites. AMA Hits is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by AMA Hits. Inclusion of any linked website on the AMA HITS Services does not imply approval or endorsement of the linked website by AMA Hits. When you access these third party sites, you do so at your own risk. AMA Hits takes no responsibility for third party advertisements or third party applications that are posted on or through the AMA HITS Services, nor does it take any responsibility for the goods or services provided by its advertisers. AMA Hits is not responsible for the conduct, whether online or offline, of any User of the AMA HITS Services. AMA Hits assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AMA Hits is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the AMA HITS Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AMA HITS Services. Under no circumstances shall AMA Hits be responsible for any loss or damage, including personal injury or death, resulting from use of the AMA HITS Services, attendance at a AMA Hits event, from any User Content posted on or through the AMA HITS Services, or from the conduct of any Users of the AMA HITS Services, whether online or offline. The AMA HITS Services are provided "AS-IS" and as available and AMA Hits expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AMA Hits cannot guarantee and does not promise any specific results from use of the AMA HITS Services.

Limitation on Liability. IN NO EVENT SHALL AMA HITS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AMA HITS SERVICES, EVEN IF AMA HITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMA HITS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AMA HITS FOR THE AMA HITS SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the AMA HITS Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the AMA HITS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the AMA HITS Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the Province of British Columbia, City of Burnaby. Either AMA Hits or you may demand that any dispute between AMA Hits and you about or involving the AMA HITS Services must be settled by arbitration utilizing the dispute resolution procedures of the Canadian Arbitration Association (CAA) in Burnaby, British Columbia, Canada, provided that the foregoing shall not prevent AMA Hits from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold AMA Hits, its subsidiaries, and affiliates, and their respective officers, agents, partners, subcontractors, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AMA HITS Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the AMA HITS Services causes AMA Hits to be liable to another.
Other. This Agreement is accepted upon your use of the AMA Hits Website or any of the AMA HITS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AMA Hits regarding the use of the AMA HITS Services. The failure of AMA Hits to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AMA Hits is a trademark of Betwisted Entertainment Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Guarantees. AMA HITS in no way implies nor guarantees any members will be contacted by industry professionals for work for hire or attain work through the site as a member on any membership level. The service and the site is provided on an “AS IS” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither AMA HITS nor its affiliates endorse or are responisible for the accuracy or reliability of any opinion, casting, job offer, advice or statement on the service or the site.
Release. You hereby explicitly grant AMA HITS, their assignees, licensees, affiliates, and their respective employees, agents, partners, subcontractors, and employees permission to use , publish, or sell images, video and content uploaded to AMA HITS as well as video captured by AMA HITS for it’s online webisodes in which I may be included. You explicitly grant AMA HITS full use throughout the world, without any restrictions whatsoever as to the nature of the use or publication or as to the copy of the material used that have my image and likeness in it to be broadcasted on TV, the internet, on posters and on print. You understand that the images or video may be altered and you waive the right to approve of any finished product. You understand that you will not be financially compensated in any way or form for the use of my images, likeness and or video content if used on Xpressions Etc webisodes, marketing material, website or any other such media chosen.
Resources. AMA HITS in no way guarantees services offered by its members in the resource section of the website nor the quality of work offered by them. You agree that if you so choose to contact members in our resources section and use them, you do so at your own discretion and agree to indemnify and hold AMA HITS, its subsidiaries, and affiliates, and their respective officers, agents, partners, subcontractors, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of their services.

AMA Hits Music Submission Agreement

This agreement describes the legal relationship between you (an individual artist, or, in the case where you are involved with a band, an individual acting as the legal representative of your band) and AMA Hits, (refered to us "we" or "us"). By submitting any material or information to AMA Hits, its successors, assigns, agents, distributors and licensees, you explicitly confirm that you have read, understood, and agreed to the following agreement:

You have the right to terminate this agreement and all licenses granted to us at any time.

If you provide us with sound recordings, musical works and/or other material (such as pictures, videos, song lyrics, etc.; collectively "Standard Program Material") the following terms apply:

License Grant. You hereby grant to us, and by the act of delivering Standard Program Material to us grant to us, a nonexclusive, worldwide, royalty-free license to: (a) reproduce, distribute, publicly perform, publicly display and digitally perform the Standard Program Material in whole or in part (including the right to create compilations which include your songs); (b) create and use samples of the Standard Program Material solely for the purpose of demonstrating or promoting our or your products or services; (c) use any trademarks, service marks or trade names incorporated in the Standard Program Material in connection with your material; and (d) use the name and likeness of any individuals represented in the Standard Program Material only in connection with your material.

General Terms

Ownership. You retain ownership of the copyrights and all other rights in your songs, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
Termination. You may terminate this agreement at any time by so notifying us; the agreement will terminate upon our actual receipt of such notice. We may terminate this agreement at any time without notification. Upon termination, all of our license rights terminate, except that we retain those rights necessary for us to sell any CDs or other tangible goods which we have produced prior to the date of termination which incorporate any of your Material (as defined in section 3 below). Our obligation to pay you amounts due to you under this agreement survives termination. Also, sections 3 and 6 below survive termination.
Representations and Warranties. The term "Material" means all material that you submit to us, including Standard Program Material, Sample Songs, and Collateral Material, as applicable. You represent and warrant that (a) the Material is your or your band’s own original work, and contains no sampled material, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the Material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.
Determining Type of Content. We will implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith however and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMA HITS INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, AMA HITS INC MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. AMA HITS INC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL AMA HITS INC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Waiver of Certain Damages. EXCEPT FOR A BREACH OF SECTION 3, NEITHER YOU OR US WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT.

AMA HITS AGREEMENT TERMS AND CONDITIONS

1. Description of Services:

Xpressions Entertainment Inc. is a provider of music related services. These services are provided to Clients desiring to sell products via the Internet or World Wide Web. Client hereby appoints Xpressions Entertainment Inc. as the Online Retailer of Client's merchandise as provided under this Agreement. Client may use the service to allow Customers to purchase Client's products from Xpressions Entertainment Inc. using any major credit card.

Xpressions Entertainment Inc. accepts three types of credit cards: Visa, MasterCard, and American Express. All charges are billed to Customer credit cards by "Xpressions Entertainment Inc.". For some of its service Xpressions Entertainment Inc. may accept PayPal payments.

The following terms are defined for use in this Agreement:

"Client Product" means any Soft Good or Hard Good that originated from Client.

"Client Web Site" means one or more interactive Internet World Wide Web sites maintained by Client for the purpose of displaying and offering products for sale to Customers.

"Customer" means any person desiring to make a purchase of a Client Product.

"Xpressions Entertainment Inc." and "Company" refer to Xpressions Entertainment Inc.

"Hard Good" means a tangible product that is manufactured or distributed by Client.

"Soft Good" means an intangible product that can be downloaded via the Internet.

"Customer Charge" means the Product Price plus Shipping Charge if applicable to be charged to the Customer's credit card account for the purchase of Client's product(s).

"Delivery" means (a) for hard goods, the placing of Product(s) with a common carrier such as the United States Postal Service, United Parcel Service, or Federal Express etc., shipping charges prepaid, with instructions to deliver the Product(s) to the Customer (b) for soft goods the digital transaction from servers operated by Xpressions Entertainment Inc. to the Customer's computer.
2. Standard Sales Commission:
Soft goods (also known as "Digital MP3 Store"): Xpressions Entertainment Inc applies a sales commission to every purchase of soft goods. The sales commission will be the charge to the customer less the payment to the Client as described in 'Payment from Xpressions Entertainment Inc. to Client'.
3. Payment from Xpressions Entertainment Inc. to Client
Xpressions Entertainment Inc. agrees to pay Client for all products re-sold by Xpressions Entertainment Inc. as described hereinafter. In this regard, Xpressions Entertainment Inc. will cause the Customer Charges associated with each order to be charged to the Customer's credit card or PayPal account after order placement by the Customer, and Xpressions Entertainment Inc. shall pay the Client out of the proceeds received from the credit card or PayPal service provider after delivery of the products within the payout period as described on the payment schedule.
The amount to be paid to Client will be determined monthly for the prior pay period. Xpressions Entertainment Inc. will deliver its payments to Client as promptly after these dates as is practicable. The payment due the Client is for soft goods according to the current payout table outlined below.
For every single soft good (song) that is purchased by a customer, Xpressions Entertainment will payout $0.84 to the client. A cheque in the amount earned by the client minus commissions will be mailed to the client on the last day of every month unless the sum of the amount on the clients account is less than $100. If the sum of the account reaches $100 or more, Xpressions Entertainment will proceed to mail out the total sum at the end of the following month to the client.
For Xpressions Entertainment Inc. deducts from any payment
(i) the sum of all Customer Charges denied, refused, or charged back by the Customer or the credit card service provider during the period
(ii) all inquiries, disputes, and refunds processed on account of Client's Customer Charges during the period,
(iii) all taxes, penalties, charges and other items reimbursable under Sections 6, 8, and 10 of this Agreement or otherwise occurring during the period
(iiii) service charges by Xpressions Entertainment Inc. for any service related to inquiries, disputes, charge backs and refunds.
Xpressions Entertainment Inc pays the Client by PayPal only. The Client has the responsibility to provide a valid PayPal account at all times.

4. Client's Cancellation
Soft goods: The Client may remove his product(s) at any time. Any payments due to the Client for Orders sent prior to cancellation will be paid as described in the Payment description.
5. General Terms and Conditions.

a) Losses.

Client shall indemnify and hold Xpressions Entertainment Inc. harmless from all claims, expenses, and losses occurring for any reason in connection with the sale of Client Product(s) to Customers by Xpressions Entertainment Inc., specifically including, without limitation, the costs and expenses of:
(i) Customer refunds and/or returns and Charge Backs;
(ii) Warranty and/or service claims of Customers arising out of express or implied representations of Client or by operation of law, regulation, or trade custom; or
(iii) Claims and losses as a consequence of damage or misdirection in shipping products to Customers. In this regard, Client is responsible for declaring a value with the shipper or obtaining insurance sufficient to permit Client to recover the value of items lost, destroyed, or damaged during shipment.

b) Transaction Limits.

Xpressions Entertainment Inc. reserves the right to impose limits on sales of products in its sole discretion and to refuse to process transactions to specific Customers for any reason. Specifically, Xpressions Entertainment Inc. may limit or restrict sales to a minimum or maximum Product Price, impose limits on the amount or number of purchases which may be charged to an individual credit card account during any time period, or refuse to accept orders from Customers with a prior history of questionable charges. Xpressions Entertainment Inc. may impose Transaction Limits or Reserve Amounts on specific client accounts, either temporarily or permanently, which are more restrictive than limits placed on other clients in order to reduce Xpressions Entertainment Inc.'s reasonable apprehension of risk of loss under varying circumstances. Xpressions Entertainment Inc. is in no way responsible for any losses sustained by Client, including claims for lost profits, on account of the imposition of Transaction Limits or Reserve Amounts for any reason.

c) Refund and Return Policy.

Client will accept returns of products, and will agree to refunds for Customers who initiate an inquiry or complaint either with Xpressions Entertainment Inc. or with their credit card issuer. Xpressions Entertainment Inc. will use its best efforts to resolve customer inquiries and complaints in a manner that is acceptable to both Customers and Clients; however, Xpressions Entertainment Inc. reserves the right to issue a refund without the knowledge or consent of Client in any case that it deems appropriate. Notwithstanding anything to the contrary contained herein, Xpressions Entertainment Inc. will provide a refund without penalty to any Customer who returns the products to Client within 30 days from the date of delivery. Client may not impose a "Restocking Fee" or other charge on customers who make such returns.

e) Customer Support.

Client shall at all times have the ability to respond promptly to inquiries from Xpressions Entertainment Inc. on behalf of Customers, and shall endeavour to resolve disputes with Customers amicably. The occurrence of complaints from customers and/or inquiries or charge backs regarding Client's merchandise may be cause for termination of this Agreement if such events occur with unacceptable frequency as determined in the sole discretion of Xpressions Entertainment Inc. In addition, Xpressions Entertainment Inc. reserves the right to charge Client reasonable fees and recover its expenses on account of excessive customer inquiries, refunds, or charge backs. Prior to imposing such fees and attempting to recover its costs, Xpressions Entertainment Inc. shall notify Client of the details and nature of the problems and attempt to find mutually acceptable solutions. If Xpressions Entertainment Inc. and Client are unable to achieve mutually acceptable solutions, Client shall have the option of continuing this Agreement subject to the additional fees and costs imposed by Xpressions Entertainment Inc. or of terminating this Agreement.

Regulation Authorization
Client represents and warrants that it is legally authorized and has obtained all necessary regulatory approvals and certificates to sell any product it intends to offer. Client further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards that are established by the Federal Trade Commission, state and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the card is not present.
7. Taxes
Each party agrees to report and pay its own taxes imposed on its income by any jurisdiction, such as state and federal income taxes. Should Xpressions Entertainment Inc. be required to pay any such taxes on the income of Client, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to Xpressions Entertainment Inc. pursuant to Section 10.
Further, the parties agree that if additional taxes in the nature of an excise, sales or use tax are imposed in connection with Xpressions Entertainment Inc.'s services on behalf of Client, the burden of such taxes shall be the Client's responsibility. Xpressions Entertainment Inc. shall have the right to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Client or on account of its own sales of products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from Client under Section 10 of this Agreement the amount of any such taxes and related penalties and interest which are paid by Xpressions Entertainment Inc. with its own funds.
8. Limitations of Liability for the Xpressions Entertainment Inc. service
Xpressions Entertainment Inc. assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Xpressions Entertainment Inc. shall not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall Client be entitled to recover damages from Xpressions Entertainment Inc. which exceed the sum of the amounts of sales commissions and service fees retained by Xpressions Entertainment Inc. under this Agreement during the six months prior to event giving rise to the claim for damages.
9. Indemnification
Client is fully responsible for the content of its Web site and for the advertising and promotion of all of Client's products. Client certifies and represents to Xpressions Entertainment Inc. that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music or other intellectual property which either forms a part of its Web site, which is provided by Client to Customers, or which is used by Client in its advertising and promotion and to sell and deliver products to Customers.

Client agrees to indemnify and hold harmless Xpressions Entertainment Inc., its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney's fees), or other liabilities resulting from or in connection with this Agreement. Xpressions Entertainment Inc. assumes no liability of the Client for failure to follow this Service Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
10. Term
The term of this Agreement shall continue until a notice of cancellation by Xpressions Entertainment Inc. or Client is given, or until terminated under other provisions of this Agreement. Xpressions Entertainment Inc. reserves the right to terminate this Agreement without cause. Xpressions Entertainment Inc. may further terminate this Agreement immediately without notice at any time if the Client breaches any part of this Agreement, or if any program or facility used by Xpressions Entertainment Inc. to implement this Agreement is disrupted or terminated for any reason. Xpressions Entertainment Inc. reserves the right to decline any Client, remove the Client's account or provide only partial service for the Client's account without cause.
11. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Xpressions Entertainment Inc. shall be entitled to damages, costs and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or non-enforceable provision were omitted.
13. Choice of Law/Venue
This Agreement shall be construed and enforced in accordance with the laws the United States and Canada and the venue for any action, dispute or proceeding with respect to this Agreement shall be the United States or Canada.
14. Captions
The captions in this Agreement are for convenience only and shall not be used in interpreting, construing, performing or enforcing this Agreement.
15. Age requirements for use of the Service
This Service is available for individuals aged 13 years or older. If the Client is 13 or older but under the age of 18, the Client should review these terms and conditions with its parent or guardian to make sure that the Client and its parent or guardian understand these terms and conditions.

Contest NO PURCHASE NECESSARY. To enter, complete form from our contest page located on your members page. To be eligible, entries must be completed and received on or by the closing date of the draw. Incomplete entries will be disqualified. All entries shall become the property of Xpressions Entertainment Inc. Entries received by telephone, fax, courier or personal delivery will not be accepted.

Contest Rules:

The contest is open to US and Canadian citizens of age of majority. Identification must be produced on request. Employees of Xpressions Entertainment Inc., its contest sponsor, advertising and promotional agencies and their respective affiliates and associates and such employees' immediate family members and persons with whom such employees are domiciled are excluded from this contest.
The prize is not redeemable in cash and must be accepted as awarded.
Decisions of the contest judges are final - no substitutions will be available.
By claiming the prize, the winner authorizes the use, without additional compensation of his or her name and/or likeness and/or voice/photograph and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the internet and picture date storage) which Xpressions Entertainment Inc. may deem appropriate.
In accepting the prize, the winner, and any guest(s), acknowledges that Xpressions Entertainment Inc. may not be held liable for any loss, damages or injury associated with accepting or using this prize(s).
The person(s) whose name(s) is drawn as being the winner(s) of the specific prize may be required to answer a skill-testing question before the prize is awarded to them.
Winners and any guests at the age of majority agree that by clicking "I agree" on the contest page, submitting their entry into the the contest fully accept the terms and conditions set herein.
Xpressions Entertainment Inc. retains the rights, in its absolute and sole discretion, to make substitutions of any kind in the event of the unavailability of any prize or component of the prize for any reason whatsoever.
This contest is subject to all federal,state, provincial and municipal laws as set out in the United States of America and Canada.
Xpressions Entertainment Inc. reserves the right to withdraw or terminate this contest at any time without prior notice.
Approximate value of prizes vary.
Xpressions Entertainment Inc. reserves the right to cancel contests without notice.
Prizes may be revoked at anytime without notice.
If prize involves a concert destination and accommodation, concert destination is at the discretion of Xpressions Entertainment Inc. and is subject to ticket availability. Accommodation, unless otherwise stated, refers to 2 nights, double-occupancy accommodations in a 3-star hotel. If prize involves travel, winner and travel companion must agree to the airline's Terms and Conditions of travel. Once confirmed, trip dates and travel accommodations cannot be changed by winner; however, travel is subject to availability, blackout dates, and/or change due to circumstances beyond Sponsors' and Administrators' control. Winner and travel companion must travel on the same dates, itinerary, and fare class. No extensions will be permitted, and any unused travel will be forfeited. Winner and guest are responsible for ensuring that all travel papers required for travel to the Destination are in good order, and are valid prior to, and for the entire duration of, the Grand Prize Period. Prize cannot be used in conjunction with any other promotion or offer and may not be separated and must be accepted as awarded, cash equivalent substitution will not be available. All tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code-share flights may be used.
Xpressions Entertainment Inc. is in no way affiliated to the photographers, producers or directors who provide services to our contest winners. All expressed promises or discussions between the winner and the photographer, producers or directors, are strictly between the two parties only. Xpressions Entertainment Inc. cannot be held responsible for any agreements made between the winner and the photographers, producers or directors..
If the chosen winner cannot fulfill or claim their prize within 15 days of the contest end date, Xpressions Entertainment Inc. reserves the right to void the current winners status and re-draw a new contest winner.
Xpressions Entertainment Inc. reserves the right to void a current winners status and re-draw a new contest winner at its sole discression.
Please allow 4 - 6 weeks for delivery of your prize if applicable.
Contest open to US and Canadian residents of age of majority only.
One entry per person.
Void where prohibited.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND UNDERSTAND THAT USE OF THIS SITE SIGNIFIES MY AGREEMENT TO BE BOUND BY ALL OF ITS TERMS AS WELL AS THE TERMS OF THE PRIVACY POLICY.

From time to time, we may change this agreement. When such modification is made, we will post a revised version of this agreement on the Website. Modifications will be effective when they are posted. We are not required to provide you with notification that any such modification has been made.