AMP PAYMENT TERMS
Please read these AMP Payment Terms (“Payment Terms”) carefully and carefully as they contain important information about your rights, resources and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payment Terms.
Please note that these Terms of Service Payment contain an arbitration and waiver clause that applies to all AMP Traders in countries where legally permitted. Such a clause affects how AMP disputes are resolved. By accepting these Payment Terms, you agree to be bound by this arbitration and waiver clause. Read carefully and carefully.
These Payment Terms constitute a legally binding contract (“Agreement”) between you and AMP (as defined below) and govern the Payment Services (defined below) conducted through or in accordance with the AMP market.
Where these Payment Terms mention ” AMP “, “AMP market “, ” us “, ” us “, ” our “, and other plural first-person grammatical variations, they refer to the company Artist Marketplace (hereinafter simply “AMP ”), a dba of StartupRunner LLC, a limited liability company, registered in Texas, United States, with which you are entering into a contract.
1. Main Definitions.
2. Amendment of these Payment Terms.
3. Payment Services.
4. Eligibility, Trader Verification.
5. Account Registration.
6. Payment Methods.
7. Collection of Payment from Event Organizers.
8. Payment to Artists.
9. Additional Provisions for Business Traders.
10. Commitment of AMP as Billing Representative.
12. Recurring Payments.
13. Payment Processing Errors.
15. Damage Claim.
16. Currency Conversion.
17. Abandoned Properties.
18. Prohibited Activities
19. Intellectual Property, Copyright Notices
23. Termination, Suspension and Other Measures.
24. Dispute Resolution and Arbitration Agreement
25. Exceptions to Arbitration Agreement
26. Waiver of class action or representative proceeding.
27. Applicable law and jurisdiction.
28. General Provisions
29. Contact Us
1. Main Definitions.
1.1. “ Payment ” means a payment made by AMP to a Trader for services negotiated through the AMP Platform.
1.2. “ Payment Method ” means the financial instrument that a Trader has added to their AMP Account, such as PayPal account, bank transfer, credit card, bank slip or debit card (if available).
1.3. “Payment Terms” means the terms outlined in this binding Agreement.
2. Changes to these Payment Terms.
AMP reserves the right to modify these Payment Terms at any time in accordance with this provision. If we change these Payment Terms, we will post the revised Payment Terms on the AMP market and update the “Last Updated” date at the beginning of these Payment Terms. We will also notify you by email of the change at least thirty (30) days prior to the date it becomes effective. If you disagree with the amended Payment Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to decline and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the amended Terms are effective, your continued use of the Payment Services will constitute acceptance of the amended Payment Terms.
3 Payment Services.
3.1. AMP provides payment services to AMP Market Traders, including payment collection services, making payments, in accordance with and through the AMP (“ Payment Services ”) market. It is important to note that “Payment Services” includes AMP services associated with Partner services.
3.2. AMP may temporarily and within the legitimate interests of Traders (eg, upon prior notice) restrict the availability of Payment Services, or certain related services or resources, to perform maintenance measures to ensure proper or proper functioning. Enhanced Payment Services. AMP may improve and change Payment Services and introduce new Payment Services from time to time. AMP will inform Traders of any changes to the Payment Services, unless such changes are minor, with no material effect on the contractual obligations of the parties.
3.3. Payment Services may contain links to third party websites or resources (“ Third Party Services ”). These Third Party Services are subject to different privacy terms and conditions, and Traders must review them separately. AMP is not responsible for the availability or accuracy of such Third Party Services, nor the content, products or services available on such Third Party Services. Links to such Third Party Services are not an endorsement by AMP of such Third Party Services.
3.4. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction of your country of residence, and other applicable laws. In particular, but not limited to, Payment Services may not be used to send or receive funds: (i) to / in any country under the United States embargo; or (ii) to anyone on the US Department of Finance’s Specially Designated Citizens List or the US Department of Commerce’s List of Blocked Persons or Companies. You represent and warrant that: (i) neither you nor your Artist Services are located or occurring in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist support” country. ; and (ii) you are not registered on any US government list of prohibited or restricted parties. In addition to complying with the foregoing, you must also comply with any applicable export control laws in your jurisdiction.
3.5 Your access to and use of certain Payment Services may depend on your accepting additional terms and conditions. In the event of a conflict between these Payment Terms and the terms and conditions applicable to a particular Payment Service, the latter terms and conditions shall prevail with respect to your use of the Payment Service, unless otherwise specified.
4 Eligibility, Trader Verification.
4.1. You must be at least 18 years old and be able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are over 18 years old.
4.2. AMP may access and use certain areas or features of Payment Services Services, subject to certain conditions or requirements, such as completing a verification process or meeting certain eligibility criteria.
4.3. We may ask any questions we deem necessary to help verify or confirm your identity or to prevent fraud. To this end, you authorize AMP and its Partners to cross-check your information with third party databases or other sources, as well as request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a government identification form (for example, a passport or a driver’s license), your date of birth, your address, and other information; (ii) ask you to follow certain steps to verify ownership of your email address and Payment Methods; or (iii) attempt to verify your information with third party databases. AMP reserves the right to close, suspend or limit access to Payment Services if you are unable to obtain or confirm any of this information.
5 Account Registration.
5.1. You must have a reputable AMP Account to use Payment Services. If AMP or you close your AMP Account for any reason, you will no longer be able to use the Payment Services.
5.2. You may authorize a third party to use your AMP Account in accordance with the AMP Terms of Service . You acknowledge and agree that anyone you authorize to use your AMP Account may use the Payment Services on your behalf and that you will be responsible for any payments made or received by that person.
6 Payment methods.
6.1. When adding a Payment Method to your AMP Account, we will ask you to provide common billing information such as name, billing address and financial instrument information to AMP or the third party payment processor (s). You must provide current, accurate and complete information when adding a Payment Form, and it is your obligation to keep your Payment Form always up to date. The information required for the Payment Methods will depend on the specific Payment Method and may include your home address, account holder name, account type, bank identification number, account number, email address, refund currency and account data associated with a particular payment processor.
6.2. When you add or use a new Payment Method, AMP can verify the Payment Method by authorizing a face value or by authenticating your account through a third party payment service provider. For other verifications, we may also (i) authorize your Payment Form for one or two nominal amounts and ask you to confirm these amounts, or (ii) ask you to submit a billing statement. We may, and have the right to make refunds of these amounts to your Payment Method. When you add a Payment Method during checkout, we will automatically save the Payment Method to your AMP Account so that it can be used for future transactions.
6.3. Please note that Payment Methods may involve the use of third party payment service providers (“Partners”). These Partners may charge additional fees when processing payments related to Payment Services (including deducting fees from the Payment amount), and AMP is not responsible for any fees and waives any such liability. Your Payment Method may also be subject to additional terms and conditions imposed by the Payment Service Provider Partner; We ask that you review these terms and conditions before using your Payment Method.
6.4. You authorize AMP to store your Payment Method information and charge your Payment Method as described in these Payment Terms. If the account information on your Payment Method changes (such as account number, bank identification number, expiration date) due to reissue or for any other reason, we may purchase this information from our Financial Services Partner or from your bank and update your Payment Method on file in your AMP Account.
6.5. You are solely responsible for the accuracy and completeness of your Payment Method information. AMP is not responsible for any damages suffered by you due to incorrect Payment Method information provided by you.
6.6. If your Contracting Authority’s location is different from the country of your Payment Method or if the selected currency is different from the billing currency of your Payment Method, your payment may be processed outside your country of residence. For example, if you Book an Artist’s Date using a US-issued card but you select Euro as your currency, your payment may be processed outside the US and credit card companies may impose international transaction fees and exchange charges on such international transactions. In addition, if you choose to pay in a different currency than your Payment Method billing currency, your bank or credit card company can convert the payment amount to your billing currency associated with your payment method, with exchange rate and the rate determined solely by your bank. As a result, the amount listed on your card statement may differ from the amount shown at checkout. Contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
7 Payment Collection of Event Organizers.
7.1. General rules. Generally speaking, AMP will collect the Total Fees from an Event Organizer at the time the Date Reservation request is accepted by the Artist.
7.2. Pre-Authorization / Verification. When you request an Artist’s Date Reservation, AMP may also (i) obtain a pre-authorization through its Payment Form for the Total Fees, (ii) charge or authorize in its Payment Form a face value to make verifying your Payment Method, or (iii) authenticating your account through a third party payment service provider to verify your Payment Method.
7.3. Refund. If a requested Date Reservation is canceled or not accepted by the Artist, or if you cancel the Reservation request prior to being accepted by the Artist, any amounts charged by AMP will be refunded to you, and any pre-authorization of your Form. Payment will be released (if applicable). The timeframe for receiving the refund or pre-authorization will vary based on the Payment Method and applicable payment system rules (eg Visa, MasterCard, etc.).
7.4. Total Fees. You authorize AMP to charge your Total Payment Fees (including Performance Fee, Taxes and Service Fees) for any Date Reservation requested in connection with your AMP Account. AMP will charge the Total Fees as agreed between you and AMP through the AMP Platform. AMP will generally charge the Total Fees after the Artist accepts your Date Reservation request. However, if you choose to use the Artist Date Instant Booking service, AMP will charge Total Fees at the time of your Instant Booking request.
7.5. Payment options. AMP may offer alternative options for term and form of payment. For example, in some cases Event Planners may have the option to pay for Artist Services in multiple installments. Any additional fees for using the payment options offered will be displayed on the AMP Platform and included in the Total Fees, and you agree to pay these fees by selecting the payment option. Additional terms and conditions may apply to the use of an alternative payment option. If AMP is unable to charge the Total Fees as scheduled, AMP will charge the Total Fees in the future. Once the payment transaction for your requested Reservation has been successfully completed, you will receive a confirmation email.
7.6. Installment Appeal for Brazilian Event Organizers. For Event Planners whose AMP Account is located in Brazil and who pay by credit card, you may pay for your Reservation in multiple installments as long as your credit card supports the installments and payment is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that Total Fees may be increased when you choose to pay your reservation in installments. Your use of the installment feature is subject to the additional terms and conditions imposed by the applicable third-party payment service provider and AMP will not be responsible for any additions resulting from your choice to install your payment.
7.7. Collection Authorization. You authorize AMP to perform checks on your Payment Method, and to charge your Payment Method for any Date Reservations made in connection with your AMP Account. You hereby authorize AMP to charge any amounts due by the Payment Method provided at checkout, either directly through the AMP Platform or indirectly through an online third party payment processor, and / or by one or more of the forms of payment. payment cards available on the AMP Platform (such as gift cards).
7.8. Payment Authorization. You authorize AMP to collect from you amounts due in accordance with these Payment Terms or AMP Terms of Service. Specifically, you authorize AMP to collect from you:
7.8.1. Fees. AMP may charge Fees for the use of certain Payment Services (for example, credit card payments), and any applicable fees will be disclosed to Traders through the AMP Platform and charged to your Payment Method.
7.8.2. Amounts due to AMP. Any amount due to AMP (for example, as a result of your Date Bookings, Booking Changes, cancellations or any other action as an Event Organizer, Co-payer, or AMP Platform user), including refunds for costs prepaid by AMP in advance. on your behalf, by charging you with any Payment Method registered to your AMP Account or withholding amounts due from Future Payments. Any money received by AMP will be deducted from the amount you owe AMP until your obligation to AMP has ended.
7.8.3. Amounts due to Artists. Any amount due to an Artist that AMP collects as a Billing Representative as defined in these Payment Terms.
7.8.4. Taxes. Taxes, where applicable, as defined by local law.
7.8.5. Amounts agreed at the Resolution Center . Any amount paid through the Resolution Center associated with your AMP Account. AMP may do this by charging you with the Payment Method associated with Booking a Date or any other Payment Method registered to your AMP Account, or withholding the amount of your Future Payments.
7.8.6. Service Fees. Any Service Fees or cancellation fees imposed in accordance with the AMP Terms of Service (for example, if you, as Event Planner, cancel a confirmed reservation). AMP will have the right to recover any such fees from you, including by deducting the refund amount of any future Payments due to you.
7.8.7. Fees Improperly Paid . Fees improperly paid to you as an Event Organizer. If, as an Event Organizer, your Artist cancels a confirmed Reservation, or AMP decides that a confirmed reservation must be canceled, and AMP issues a refund to the Event Organizer in accordance with the AMP Terms of Service, Policy Event Refund Policy, Force Majeure Cancellation Policy, you agree that if you have already received it, AMP will have the right to recover the amount for any refund from you, including by deduction of such refund amount. any future payments due to you.
7.8.8. Damages Fees, costs and / or expenses associated with a Damage Claim as defined in the AMP Terms of Service . If AMP is unable to collect the money through the Payment Method used to make the Reservation, you agree that AMP may charge any Payment Form registered to your AMP Account at the time the Claim for Damage is made. AMP also reserves the right to collect your payment by other means and to seek action available to AMP in situations where you are liable for Damage Claim under the AMP Terms.
7.8.9. Amounts due by Co-payers. Fees payable by Co-payers as part of a Group Payment Service by charging any Payment Form registered to your AMP Account, or withholding the amounts in question from your Future Payments. Any money received by AMP will be deducted from the amount you and the Co-Payer owe AMP until your joint obligation has ended.
7.8.10. Debit or chargeback rates. In addition to the amounts described above, if there is any charge or chargeback associated with your Payment Method, you may be charged for fees resulting from our payment of such charge or chargeback. Such fees or charges may include pickup fees, convenience fees, or other third party charges.
8 Payment to Artists.
8.1. To receive a Payment, the Artist must have a valid Payment Method connected to their AMP Account. AMP will generally make Payments in the Payment Form selected by the Artist: (i) 24 hours after the Event Date, if the Event Organizer does not complain to AMP within this period about any Artist not attending for Performance; (ii) 24 hours after the last Event Date, for events of more than one day, such as tours, megashows, conferences, workshops, etc., where the Artist makes multiple presentations to the same Event Organizer; (iii) 24 hours after Dispute Resolution, if applicable and if any payment is due to the Artist as agreed upon between the Artist and the Event Organizer.
8.2. In certain jurisdictions or instances, AMP may trigger payment at an earlier time. For example, in certain cases, Eligible Artists may receive a Payment for a Date Reservation prior to the Event Date. Alternative payment options such as this may be subject to additional terms and conditions.
8.3. The time it takes to receive Payments upon AMP release may depend on the Payment Method you select and the processing time of the Payment Method provider. AMP may delay or cancel any Payment to prevent unlawful activity or fraud for the purpose of risk assessment, security or investigation.
8.4. Payment to the Artist will be the “ Total Fee” minus the applicable AMP Service Fees and Taxes . (Total Fee – Service Fee – Taxes = Pay Per Artist).
8.5. In the event of cancellation of a Reservation confirmed by an Event Organizer, AMP will repay the Payment due to the Artist from part of the Total Fees in accordance with the applicable cancellation policy.
8.6. AMP will repay your Payments in the currency of your choice, depending on what you set in the AMP Platform. Values may be rounded up or down as described in the AMP Terms.
8.7. For operational or compliance purposes, AMP may limit the amount of each individual Payment. If you have an amount to receive above this threshold, AMP may initiate a series of Payments (possibly over several days) in order to make your full payment.
9 Additional Provisions for Business Traders.
9.1. The merchant company or legal entity accepts these Payment Terms and will be responsible for any act or omission of employees, legal representatives (“Representative”) or third party agents using the Payment Services on their behalf.
9.2. The Dealer and its Representative individually and jointly assert that the Dealer is authorized to provide Payment information and their Representative has the authority to bind the Dealer to these Payment Terms. We may require you to provide additional information or documentation that demonstrates the authority of your Representative.
9.3. Merchant represents and warrants to AMP that: (i) it is properly organized, validly existing, and in good standing under the laws of the country in which its business is registered and that it is registered to receive Payment Services; and (ii) has all the right, power and authority necessary to enter into this Agreement, perform its obligations and grant the rights, licenses and authorizations in this Agreement.
9.4. Trader authorizes AMP to charge using its Reservation Payment Form requested by Representatives, employees of its company or other permitted third parties.
9.5. For any Form of Payment linked to your AMP Account, you authorize AMP to store the Form of Payment, remit and receive payments using the Form of Payment associated with your AMP Account and perform any other action as permitted in these Payment Terms.
9.6. If Merchant handles, stores or processes payment card information on behalf of anyone or any third party, you agree to continually comply with the privacy and data security requirements applicable to the Payment Method.
10 AMP commitment as Billing Representative.
10.1. Each Artist or Agent receiving payments for Artist Services provided through the AMP Platform, or certain transactions facilitated through the Resolution Center, appoints AMP as the Artist and / or Agent Billing Representative only for the limited purpose of accepting payments from Organizers. Events by purchasing the said Artist Services.
10.2. Each Artist or Agent agrees that payment made by an Event Organizer through AMP will be considered the same as payment made directly to the Artist or Agent. Each Artist or Agent agrees that AMP may reimburse the Event Planner in accordance with the AMP Terms. Each Artist or Agent understands that AMP’s obligation to pay the Artist or Agent is subject to and conditional upon receipt of the respective payments from the Event Organizers. AMP guarantees to Artists or Agents only payments received by AMP from Event Organizers in accordance with these Payment Terms.
10.3. Each Event Organizer acknowledges and agrees that despite the fact that AMP is not a party to the contract between the Event Organizer and the Artist or Agent, AMP acts as the Artist or Agent Billing Representative for the limited purpose of accepting Event Organizer payments on behalf of the Artist or Agent. Upon payment of the Event Organizer to AMP, your obligation to pay the Artist or Agent for the agreed amount is terminated, and AMP is responsible for directing funds to the Artist or Agent as described in the AMP Terms of Service and these Terms of Service. Payment, which constitute the AMP Agreement with the Event Organizer. In the event that AMP does not forward any of the above, the Artist will return only against AMP and not directly against the Event Organizer.
11.1. Any refunds or credits due to a Trader pursuant to the AMP Terms of Service, Event Planner Refund Policy and Force Majeure Cancellation Policy will be initiated and passed on by AMP in accordance with these Payment Terms. .
11.2. AMP will process refunds immediately, although the deadline for receiving any refunds will vary based on the Payment Method and any applicable payment system rules (eg, Visa, Mastercard, etc.).
12 Recurring Payments.
12.1. For certain Reservations (such as for Event Date Reservations of 30 days or more), AMP may require the Guest to make recurring incremental payments related to Total Total Fees due (“ Recurring Payments ”).
12.2. If the Recurring Payments apply to a confirmed booking, then the Event Organizer authorizes AMP to charge the Total Fees, and the Artist agrees that AMP will make the Payments, at the agreed frequency and amounts identified by the AMP market.
12.3. Artists may discontinue a Recurring Payment by giving notice to AMP orally or in writing at least three (3) days prior to the scheduled payment date. AMP may request that you confirm in writing the request for interruption of payment within fourteen (14) days of an oral notification. If you do not provide such written confirmation within fourteen (14) days as requested, AMP is under no obligation to honor your request to discontinue any Recurring Payments. If you have questions about your Recurring Payments, please contact AMP.
We will take steps to rectify any payment processing errors that we become aware of. These measures may include credit or debit (as the case may be) in the same Payment Method used for the original Payment to or from you, so that you will eventually receive or pay the correct amount. This can be done by AMP or third parties such as your financial institution.
14.1. In the event AMP is unable to charge you any amounts owed under these Terms of Payment, AMP may, in its sole discretion, cancel the confirmed Reservation, and may take recovery measures to recover such amounts from you.
14.2. AMP will consider any amounts due as overdue in the following cases: (a) for authorized charges, when a period of 30 (thirty) days has passed after AMP’s first attempt to charge the Merchant Payment Method or after related services have been provided, whichever comes first.
14.3. You hereby expressly agree that all communications regarding the amounts due will be made through the Contact Us Center .
15 Damage Claim.
15.1. If the Artist either (i) agrees to pay damages to the Event Organizer in accordance with the Damage Claim made to the Resolution Center, or (ii) AMP determines that you are responsible for damages to the Event Organizer at the Event venue or for any damage to the Event Organizer’s person or other property, in accordance with the AMP Terms of Service , you authorize AMP to charge the Payment Form used to make the Reservation in order to charge any Amount of Damage Claim . If we are unable to charge you for your Payment Method used to receive amounts, you agree that AMP may charge you for any other Payment Method registered to your AMP Account at the time of the Damage Claim.
15.2. If the Event Organizer (i) agrees to pay damages to the Artist pursuant to the Damage Claim made to the Resolution Center, or (ii) AMP determines that you are responsible for damages to the Artist or any other member of the Artistic Group, in accordance with the AMP Terms of Service , you authorize AMP to charge the Payment Method used to make the Reservation in order to charge any Amount of Damage Claim. If we are unable to charge your Payment Method used to pay amounts, you agree that AMP may charge any other Payment Method registered to your AMP Account at the time of the Damage Claim.
15.3. AMP also reserves the right to charge payment to any Trader and to seek any remedies available to AMP in situations where one is responsible for a Damage Claim from another Trader or a Third Party in accordance with the AMP Terms of Service. AMP
AMP will process each transaction in the currency Trader selects through the AMP Platform. The currencies available to make and receive payments on a given transaction may be limited for regulatory or operational reasons based on factors such as the Payment Method selected by the Trader and / or the country of residence of the Trader or contracted entity (s). (s) by AMP. Such limitations will be communicated through the AMP Platform and you will need to select another currency or Payment Method. It is important to note that Trader’s third party payment service provider may impose fees on transactions, currency conversions or other fees based on the Currency or Payment Method that Trader selects to make or receive payments, and AMP is not responsible for such fees and disclaims any liability in connection therewith.
If we are unable to initiate a Payment, Refund or other payment due to a Dealer for the period of time set by your State, country or other governmental entity under its Unclaimed Property Laws, we may process the amounts due to you in accordance with our legal obligations, including submitting the amounts in question to the appropriate government entity, as required by law.
Merchants are solely responsible for complying with any and all laws, rules, regulations and tax obligations that may apply to their use of the Payment Services. In accordance with your use of the Payment Services, you may and agree that you will not do any of the following and will not assist or encourage others to:
18.1. violate or circumvent any applicable laws or regulations, third party agreements, third party rights, or the AMP Terms of Service , Policies , or Standards ;
18.2. use the Payment Services for any commercial purpose or for purposes other than those expressly permitted in the Payment Terms;
18.3. register or use with your AMP Account any Form of Payment that is not yours or that you are not authorized to use;
18.4. ignore, remove, disable, impair, decode, or circumvent any technological measures that have been implemented by AMP or any of AMP’s providers or any other third party to protect Payment Services;
18.5. take any action that causes damage or negatively affects, or that may cause damage or negatively affect the performance or proper functioning of the Payment Services;
18.6. attempt to decipher, decompile, disassemble or reverse engineer any software used to provide Payment Services; or
18.7. violate or infringe on anyone’s right or cause harm to anyone.
19 Intellectual Property, Rights Notices.
19.1. Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that Payment Services, including all associated intellectual property rights, is the exclusive property of AMP, its licensees and / or Payment Service Provider Partners. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trademarks and any other proprietary designations of AMP or AMP used in and in accordance with the Payment Services are trademarks or registered trademarks of AMP in the United States and abroad. . Trademarks, service marks, logos, trade names and any other proprietary designations of Third Parties used or in connection with the Payment Services are used for identification purposes only and may be the property of their respective owners.
19.2. You will not use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Payment Services, except as expressly permitted in the Terms of Service. Payment. No license or rights are granted by implication or otherwise under any intellectual property rights owned or controlled by AMP, AMP or their licensors, except for the licenses and rights expressly granted in these Payment Terms.
20.1. If you choose to use the Payment Services, you do so voluntarily and at your own discretion. To the fullest extent permitted by law, Payment Services are provided “as is” without warranty of any kind, either express or implied.
20.2. Notwithstanding AMP’s commitment as an Artist Payment Collector for the purpose of accepting Event Organizers’ payments through the AMP Platform, AMP expressly disclaims liability for any acts or omissions of a Trader or other third party. AMP has no duty or obligation as agent to any Artist except as expressly set forth in these Payment Terms, and any additional duties or obligations that may be implied by law are, to the maximum extent permitted by law, expressly excluded.
20.3. If we choose to perform identity checks on any Trader, to the extent permitted by applicable law, we disclaim warranties of any kind, express or implied, that such controls will identify prior unlawful acts by a User / Trader or will warrant that Trader will not engage in unlawful acts in the future.
20.4. The above disclaimers apply to the fullest extent permitted by law. You may have other statutory rights or guarantees that cannot be legally excluded. However, the duration of any statutory guarantees, if applicable, will be limited to the maximum extent permitted by law (if any).
21.1. V ou acknowledge and agree that to the maximum extent permitted by law, all the risk from your access and use of payment services remain under their responsibility. If you allow or authorize another person to use your AMP Account in any way, or create an AMP Account or Profile on your behalf, you are responsible for that person’s actions. Neither AMP nor any other party involved in the creation, production or making available of the Payment Services shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, interruption of service, damages. computer failure or system failure, or the cost of replacing products or services, or for any personal or bodily or moral injury or emotional distress arising from or related to these conditions, use or inability to use the site, the application, the services or collective content arising out of any communications with (i) these Payment Terms, (ii) your use of or your inability to use the Payment Services or (iii) any communications, interactions or service to other Traders or others with whom you communicate, interact or meet as a result of using Payment Services , whether based on warranty, contract, wrongful act (including negligence), product liability or any other legal theory, and whether or not AMP has been informed of the possibility of such damages, even if a limited remedy contained herein has not been complied with. its essential purpose.
21.2. Except for obligations to pay amounts to applicable Artists in accordance with these Payment Terms or a payment request approved under the AMP Event Planner Warranty, under no circumstances shall AMP’s aggregate liability arising out of or in connection with these Payment Terms. and your use of the Payment Services including, without limitation, your use of or inability to use the Payment Services, must exceed the amounts you have paid or must for AMP Platform reservations as an Event Organizer within twelve (12) ) months prior to the event that results in such liability, or if you are an Artist, the amounts paid by AMP to you within 12 (twelve) months prior to the event commencing liability, or US $ 100 (one hundred US dollars). Americans), if such payment has not been made, as applicable; in both cases the maximum ceiling of US $ 50,000.00 (fifty thousand US dollars) was obeyed.
21.3. The damage limitations set forth above are fundamental elements of the basis of the agreement between you and AMP. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside the US, this does not affect AMP’s liability for death or personal injury arising from negligence, fraudulent misrepresentation, misrepresentation of a material matter, or any other liability that cannot be excluded or limited under applicable law. .
To the fullest extent permitted by applicable law, you agree to exempt, defend (at the option of AMP) and indemnify AMP and its affiliates and its directors, officers, employees and agents for any claims, liability, damages, losses and expenses. , including without limitation reasonable accounting and legal fees, arising from or in any way related to (i) your breach of these Payment Terms; (ii) your misuse of Payment Services; (iii) the Collection and Remittance of Taxes by AMP; or (iv) your violation of any laws, regulations or rights of third parties.
23 Termination, Suspension and Other Measures.
23.1. This Agreement will continue unless and until terminated, suspended or other action is taken as described in this Section.
23.2. You may terminate this Agreement at any time by sending us an email to us, or by following the termination procedures specified in the AMP Terms of Service . Terminating this Agreement will also serve as a notification to cancel your AMP Account in accordance with the AMP Terms. If you cancel your AMP Account as an Artist, you will still be responsible for providing any Artist Services regarding confirmed Date Reservations, and if you do not, AMP will provide a full refund to any Reserved Event Organizers (s). ) confirmed. If you cancel your AMP Account as an Event Planner, you will remain responsible for paying any confirmed Date Bookings, and AMP will pass on to the Artist any amounts due in accordance with our AMP Terms of Service and may be deducted from your Form. Payment such amounts. Once payments are made to AMP and Traders, their respective AMP accounts will be canceled and their contents deleted, in the form and extent defined by AMP under the AMP Terms of Service.
23.3. Without limiting our rights specified below, AMP may terminate this Agreement for no apparent reason at any time by providing you with 30 days prior email notification to your registered email address.
23.4. AMP may immediately without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement or the AMP Terms of Service; (ii) you have provided incomplete, outdated, fraudulent or inaccurate information; (iii) you have violated applicable law, regulations or rights of third parties; or (iv) AMP believes in good faith that such action is reasonably necessary to protect other Traders, AMP or its Partners, or third parties (for example, in the event of a Trader’s fraudulent behavior).
23.5. AMP may also temporarily or permanently limit or suspend your use or access to Payment Services (i) to comply with any applicable law, or at the request or order of a court, legal requirement or other governmental or administrative body, or if ( (ii) you have violated these Terms of Payment, AMP Terms of Service , applicable laws, regulations or the rights of third parties, (iii) you have provided incomplete, outdated or fraudulent Payment Method information, iv) in reason of any amount you owe under these AMP Payment Terms and Terms of Service, which is past due or in default, (v) or if AMP believes in good faith that it is reasonably necessary to take such action to protect security or the property of AMP, its Partners, its Traders, or third parties, or to prevent fraud or other unlawful act.
23.6. In the event of non-material violations and as appropriate, you will be notified of any action by AMP and will have the opportunity to resolve the issue to AMP’s reasonable satisfaction.
23.7. If AMP chooses any of the measures described in this Section, the Dealer may appeal such decision by contacting us through Contact Us.
23.8. If you are an Artist and we have taken any of the measures described in this Clause, we may refund your Event Planners in full for any Reservation already confirmed, regardless of pre-existing Cancellation Policy, and you will not receive any payment for Confirmed Reservations or pending issues that have been canceled.
23.9. If your access to or use of the Payment Services is limited, or if this Agreement is terminated by us, you may not register a new AMP Account or attempt to access and use the Payment Services through another Trader’s AMP Account.
24 Dispute Resolution and Arbitration Agreement.
24.1. AMP undertakes to participate in a Dispute Resolution process in a friendly manner with the Dealer. To this end, these Terms of Payment provide for a two-party process: (i) an informal negotiation directly with the AMP Trader service team, and (ii) a binding arbitration administered by the American Arbitration Association (“ AAA ”). ”) For US disputes; or Arbitranet for disputes in Brazil, using the Arbitration Rules of those companies in force at the time of the dispute.
24.2. You and AMP mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, violation, termination, validity, application or interpretation thereof, or your use of the AMP market, the Artist Services, the Organizer Events Group Payment Service (collectively, “Disputes”) will be resolved through individual arbitration (the “Arbitration Agreement”). If there is a dispute as to whether this Arbitration Agreement may apply or apply to our Dispute, you and AMP agree that the arbitrator shall decide on this matter.
24.3. You and AMP acknowledge and agree that each of us waives the right to a jury trial in all disputes that may be settled by arbitration.
24.4. This Arbitration Agreement will apply to all Traders except in countries where Arbitration Agreement is prohibited.
24.5. Arbitrators shall be neutral, and no party may unilaterally select an arbitrator; the arbitrators shall disclose any bias, interest in the outcome of the arbitration or relationship with either party;
24.6. The Parties have the right to seek remedy in Small Claims Forum for certain claims at their option;
24.7. The AMP must elect the venue of the hearing and may elect to attend in person, by telephone, videoconference, or for claims under $ 20,000 by submitting documents;
24.8. The arbitrator may grant any remedy that the parties could have received in court to resolve a party’s individual claim.
24.9. Before commencing an arbitration proceeding, you and AMP agree to notify each other of the dispute and attempt to negotiate an informal settlement first. We will contact you at the email address you provided to us; You can contact the AMP customer service team by sending us an email. If, after a good faith negotiation effort, one of us feels that the dispute has not been and cannot be settled informally, the party seeking arbitration agrees to notify the other party by email before commencing the dispute process. arbitration. In order to initiate the arbitration proceeding, a complaint must be submitted to AAA or Arbitranet and the Written Request for Arbitration provided to the other party as specified in the AAA or Arbitranet rules, as applicable.
24.10. The arbitrator’s decision shall include the essential conclusions and conclusions on which the arbitrator based the award. Enforcement of the arbitration award may be filed in any court having applicable jurisdiction. The arbitrator may grant a declaratory or injunctive award only on an individual basis and only to the extent necessary to provide relief justified by the claimant’s individual claim.
24.11. Notwithstanding the provisions of the “Modification of these Terms” Section, if AMP changes the “Dispute Settlement and Arbitration Agreement” Section after the date of the last acceptance of these Terms (or acceptance of any subsequent changes to these Terms), you may reject any change by sending us written notice (including by email) within thirty (30) days of the effective date of such change as indicated on the “Last Updated Date” above or the date of AMP warning of the change. Rejecting a new change, however, does not revoke or change your prior consent to any prior agreements to arbitrate any Dispute between you and AMP (or your prior consent to any subsequent amendments), which shall remain in force and apply to any Dispute between you and AMP. the AMP.
You and AMP each agree that the following requests are exceptions to the Arbitration Agreement and will be brought to court and a court of competent jurisdiction in the United States in the following cases: (i) Any claim related to the threat of infringement or infringement actual, misappropriation or infringement of a party’s copyright, trademarks, trade secrets, patents or other intellectual property rights; (ii) Any claim seeking emergency precautionary remedies based on demanding circumstances (eg imminent danger or execution of a crime, hacking, cyber-attack); (iii) Any claim of resident in a country that does not accept the Arbitration Agreement.
You and AMP acknowledge and agree that, to the fullest extent permitted by law, each of us waives the right to participate as a plaintiff or Class Dealer in any class action, class-wide arbitration, prosecution of a prosecutor. General or any other representative proceeding with all Disputes. In addition, unless you and AMP otherwise agree in writing, the arbitrator may not consolidate more than one claim by the party and may not otherwise preside over any representative class or process. If the waiver of “class action” or waiver of “class arbitration” of this Section is found to be unenforceable with respect to any Dispute, the entire Arbitration Agreement shall be deemed void with respect to such Dispute and the Dispute shall continue to apply. court. If the waiver of a “private attorney’s general action” or the waiver of “representative proceedings” in this Section is found to be unenforceable with respect to any Dispute, such waivers may be removed from this Arbitration Agreement and you and AMP agree that any claim Attorney general representation and representative claims in the Dispute will be cut and suspended, pending the resolution of any arbitrable claims in the Dispute in an individual arbitration.
27 Applicable law and jurisdiction.
27.1. If your country of residence or establishment is the United States, these Terms and your use of the Payment Services shall be construed in accordance with the laws of the State of Texas, United States, and in compliance with conflict of laws provisions. . Lawsuits (other than litigation in small claims courts) that are outside the application of the Arbitration Agreement shall be brought to the state or federal court of New Jersey, except if both parties agree to use another jurisdiction.
27.2. If your country of residence or establishment is Brazil, these Terms will be construed in accordance with the laws of Brazil (“Laws of Brazil”). Any dispute arising out of or related to this Agreement shall be submitted to Arbitranet and shall be construed in accordance with Arbitranet’s arbitration rules in force at the time of application for arbitration, and this section shall not be construed as limiting any rights that Arbitranet may apply. AMP may have to apply to any court of competent jurisdiction for an order requiring the user to perform or be prohibited from performing certain acts and other interim relief permitted under the Laws of Brazil or any other laws that may apply to the user. Arbitration proceedings will be conducted in English. The arbitration award is final and binding on both parties.
27.3. If your country of residence or establishment is not the United States or Brazil, these Terms will be construed in accordance with US law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Choosing the law does not affect your rights as a consumer under the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to be subject to the non-exclusive jurisdiction of the US courts. Lawsuits you may bring against us from or related to these Terms may only be brought to a court located in the US or to a court having jurisdiction in your place of residence. If AMP wishes to enforce any of its rights against you as a consumer, we may do so in any US court or in the courts of the jurisdiction in which you reside. If you are acting as a company, you agree to be subject to the exclusive jurisdiction of the US courts.
28 General Provisions.
28.1. Compliance with legal provisions. You will comply with any applicable laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Artist Service (s) or the Artist Services you represent as Agent are located in or occurring in a country subject to government embargo. has been designated by the US government as a “terrorist supporting” country, and (ii) you are not registered on any US government list of prohibited or restricted parties.
28.2. Full agreement. Except to the extent that they may be supplemented by additional standards, guidelines, policies, terms and conditions, these Terms constitute the entire Agreement between AMP and you with respect to the subject matter hereof, and supersede any prior oral or written agreement between AMP and you regarding access to and use of the AMP market.
28.3. No link. There is no joint venture, partnership, employment relationship or agency relationship between you and AMP either as a result of this Agreement or your use of the AMP market.
28.4. Scope of Terms. These Terms are not and will not be intended to confer any rights or remedies on anyone other than Traders.
28.5. Independence of contractual clauses. If any provision of these Terms is held to be invalid or unenforceable, that provision will be removed and will not affect the validity and effectiveness of the remaining provisions herein.
28.6. The implied waiver of rights of the MPA . Failure by AMP to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. Except as expressly provided in these Terms, the exercise by either party of any judicial action under these Terms shall be without prejudice to other measures under these Terms or otherwise permitted by law.
28.7. Non-transferability of rights and obligations. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AMP’s prior written consent. AMP may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, in its sole discretion, provided 30 days’ notice is given. Your right to terminate this Agreement at any time remains unchanged.
28.8. AMP notifications. Except as otherwise specified, any notice or other communications with Traders permitted or requested by this Agreement will be provided electronically and sent by AMP by email.
28.9. Google Maps. Some parts of the AMP market deploy Google Maps / Earth map services, including Google Maps API (s). Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Additional Terms of Service.
29 Contact us.
We appreciate and encourage you to provide feedback , comments and suggestions for improvements to the AMP (“ Feedback ”) market. You can send us feedback via email or through the “Contact Us” section of the AMP market, or by any other means of communication. Any Feedback you submit to us will be considered non-confidential and will not be your property. By sending us Feedback , you give us a non-exclusive, royalty-free, irrevocable, sublicensable and perpetual license to use and post these ideas and materials for any purpose without paying you for it. If you have questions about these Terms, please contact us at “Contact Us”.