Last updated July 31, 2020
Please carefully read these Terms & Conditions and this Disclaimer (which will collectively be referred to as “Policies” throughout this page) before you start to use this website for Amplified Artists (or “we,” “us,” or “our”). These Policies govern user (or “you” or “your”) access to and use of AmplifiedArtists.life and JimCooney.me, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) whether you are a guest, registered user, and/or customer.
TERMS AND CONDITIONS
BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS & CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE POLICIES. IF YOU DO NOT AGREE WITH THESE POLICIES, PLEASE DO NOT ACCESS THE SITE.
The Site is intended for users who are at least 18 years old. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
These Policies are effective as of the date stated at the top of this page.
We reserve the right to make changes to these Policies at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this page. Any changes or modifications will be effective immediately upon posting the updated Policies on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review these Policies to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policies by your continued use of the Site after the date such revised Policies are posted.
Amplified Artists is a membership and community website for online training, courses, resources, forums, and other content relating to integrating artistry, money, and health to create an abundant career in the performing arts (the “Service”).
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; and (d) you have the legal capacity and you agree to comply with these Terms and Conditions.
If you know or suspect that anyone other than you knows your user information (such as your user name) and/or password you must promptly notify us at Support@AmplifiedArtists.life.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
You agree that your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
CONTENT YOU PROVIDE
There may be opportunities for you to post content to the Site or send feedback to us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content. You further agree that we can use your User Content for any other purposes whatsoever in perpetuity with or without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
By accessing and/or using the Site, you agree to comply with the following community guidelines (the “Community Guidelines”) and that you will not upload, post, email, transmit, or otherwise make available any User Content that: (a) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; (b) is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; (c) contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; (d) discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
You further agree to not: (a) “stalk,” threaten, or otherwise harass another person; (b) spam or use the Site to engage in any commercial activities or to collect any market research for a competing business; (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means; (e) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You agree to report inappropriate content or something that violates our Community Guidelines of which you become aware to Support@AmplifiedArtists.life.
WE HAVE THE RIGHT TO REMOVE ANY USER CONTENT YOU PUT ON THE SITE IF, IN OUR OPINION, SUCH USER CONTENT DOES NOT COMPLY WITH THE COMMUNITY GUIDELINES. WE ARE NOT RESPONSIBLE AND ACCEPT NO LIABILITY FOR ANY USER CONTENT INCLUDING ANY SUCH CONTENT THAT CONTAINS INCORRECT INFORMATION OR IS DEFAMATORY OR LOSS OF USER CONTENT. WE ACCEPT NO OBLIGATION TO SCREEN, EDIT OR MONITOR ANY USER CONTENT BUT WE RESERVE THE RIGHT TO REMOVE, SCREEN AND/OR EDIT ANY USER CONTENT WITHOUT NOTICE AND AT ANY TIME. USER CONTENT HAS NOT BEEN VERIFIED OR APPROVED BY US, AND THE VIEWS EXPRESSED BY OTHER USERS ON THE SITE DO NOT REPRESENT OUR VIEWS OR VALUES.
CONTENT WE PROVIDE
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, PDFs, and graphics on the Site (“Our Content”) are owned or licensed to us, and are protected by copyright and trademark laws.
Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
You shall not: (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
AS SET FORTH MORE FULLY IN THE DISCLAIMER, OUR CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM TAKING, ANY ACTION ON THE BASIS OF THE CONTENT ON THE SITE. PLEASE SEE THE DISCLAIMER BELOW FOR MORE INFORMATION ON THIS.
The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
We reserve the right at our sole discretion, to: (a) monitor the Site for breaches of these Terms and Conditions; (b) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (c) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your User Content; (d) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
While we take reasonable efforts towards security, we do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
SITE MODIFICATIONS AND AVAILABILITY
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We will make every reasonable effort for the Site and Service to be available at all times, but we cannot guarantee the Site and Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
We aim to provide the Site and Service as accurately as possible, but there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
ELECTRONIC COMMUNICATIONS AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
TERM AND TERMINATION
A Monthly Subscription means access to the Site and Service for 30 days. This automatically renews every month until you terminate your account.
An Annual Subscription means access to the Site and Service for 365 days. This automatically renews every year until your terminate your account.
Lifetime Access means for the lifetime of the Site and Service. If for any reason, we should dissolve or cease to exist, then your access to the Site and Service terminates.
These Terms and Conditions shall remain in full force and effect while you use the Site or Service or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by clicking on the Cancel Subscription button on your Membership Details page on the Site. You may also contact Support@AmplifiedArtists.life for assistance in canceling your account. Once you terminate your account, you will no longer be billed and you will retain access to the Service, including all content and community resources, until your current billing period is completed.
If you are a non-registered user of the Site, you may terminate your participation with the Site simply by leaving the Site.
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site or Service is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Service or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason set out in this Term and Termination Section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We offer a 30-day money back guarantee should you be unhappy with the Service in your first month of membership. This refund period only applies to your first subscription and cannot be used more than once. To request a refund please contact Support@AmplifiedArtists.life.
No refunds will be made for any membership fees already paid, excluding the 30-day money back guarantee as stated above. No partial refunds are given should you terminate a Monthly or Annual Subscription before your renewal date, however you will retain access to the Service until the end of your payment term.
IT IS ENTIRELY YOUR RESPONSIBILITY TO ENSURE THAT YOU TERMINATE YOUR ACCOUNT IN GOOD TIME SHOULD YOU NO LONGER REQUIRE THE SERVICE AND DO NOT WISH TO BE BILLED FURTHER.
Upon determining that you are entitled to refund pursuant to this policy, we will promptly issue an instruction to our payment processor to issue the refund. We do not control the speed of our payment processor and will not be able to expedite any refunds.
If you receive a refund, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Policies or any other agreement. You shall immediately cease using the material and shall destroy all copies of the User Content and other information provided to you, including without limitation: video recordings, audio recordings, forms, templates, documents, PDFs, slide shows, membership areas, social media groups limited to paying members, and other resources.
LIMITATION OF LIABILITY
THE SITE AND SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE AND YOUR RELIANCE ON ANY INFORMATION OF THE SITE AND/OR SERVICE WILL BE AT YOUR SOLE RISK EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. ALL WARRANTIES, TERMS, CONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED (INCLUDING BY STATUTE, CUSTOM OR USAGE, A COURSE OF DEALING, OR COMMON LAW) IN CONNECTION WITH THE SITE AND SERVICE AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ARE NOT LIABLE FOR ANY: (A) ERRORS OR OMISSIONS IN CONTENT; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVER; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE; AND/OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS IF SUCH DELAY OR FAILURE IS CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, DELAY OR FAILURE TO ACT CAUSED BY ANY CAUSE BEYOND OUR REASONABLE CONTROL. YOU AGREE TO ABSOLVE US OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS SITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS SITE.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Service constitute the entire agreement and understanding between you and us. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Site and/or Service or to receive further information or support regarding the use of them, please contact Support@AmplifiedArtists.life
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Site and Service. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in New York, NY. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Amplified Artists. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless Amplified Artists, its founder, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site and/or Service, any User Content made by you, your violation of any terms of these Policies or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Amplified Artists reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Amplified Artists in asserting any available defenses.
THE INFORMATION AND CONTENT PROVIDED BY US ON THE SITE IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ALL INFORMATION AND CONTENT ON THE SITE IS PROVIDED IN GOOD FAITH, HOWEVER WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
We have done our best to ensure that the information provided on this Site is accurate and provides valuable information. However, the Site and Service are not intended as, and shall not be understood or construed as, professional advice. Our Content is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. Accordingly, before taking any actions based upon the Site, Service, and/or Our Content, we encourage you to consult with the appropriate professionals.
Further, use of the Site and Content does not create a professional-client relationship between you and us. By using this Site, you recognize and agree that we have not created any professional-client relationships.
THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
The Site may contain links to affiliate websites, and we may receive an affiliate commission for any purchases made by you on the affiliate website using such links. As a policy, we will only affiliate with products, services, and experts that we believe will provide value to our customers and followers.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by us, but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
The Site may contain testimonials by users of our Site and/or Service. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Site and/or Service. We do not claim, and you should not assume, that all users will have the same experiences.
YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
YOU AGREE THAT WE HAVE NOT MADE ANY GUARANTEES ABOUT THE RESULTS OF TAKING ANY ACTION, WHETHER RECOMMENDED ON THIS SITE OR NOT. WE PROVIDE EDUCATIONAL AND INFORMATIONAL RESOURCES INTENDED TO HELP USERS OF THIS SITE CREATE ABUNDANCE IN THEIR CAREERS. YOU NEVERTHELESS RECOGNIZE THAT YOUR ULTIMATE SUCCESS OR FAILURE OF THIS GOAL WILL BE THE RESULT OF YOUR OWN EFFORTS, YOUR PARTICULAR SITUATION, AND INNUMERABLE OTHER CIRCUMSTANCES BEYOND OUR CONTROL AND/OR KNOWLEDGE. YOU ALSO RECOGNIZE THAT PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. THUS, THE RESULTS OBTAINED BY OTHERS APPLYING THE PRINCIPLES SET OUT IN THIS SITE ARE NO GUARANTEE THAT YOU OR ANY OTHER PERSON OR ENTITY WILL BE ABLE TO OBTAIN SIMILAR RESULTS.
For questions about these Policies, or to contact us for any reason, you may reach us at Support@AmplifiedArtists.life.