Get the Flash Player to see this rotator.
Terms of Use:

Please read this Terms of Use agreement carefully. Your use
of the Site (as defined below) constitutes your agreement to
this Terms of Use agreement.


This Terms of Use Agreement (the "Agreement") is between you
("you") and African Music Publishing ("Company," "we," "us"),
concerning your use of www.africanmusicpublishing.org (Hereinafter
described as “AMP”) and (together with any successor site(s) and all
Services (as defined below).

Everything you see or read on the Site is copyrighted unless otherwise
noted, and may not be used except as provided in these Terms and
Conditions without the written permission of African Music Publishing.
AMP neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties not owned
by or affiliated with AMP.

While AMP uses reasonable efforts to include accurate and up to date
information in the Site, AMP makes no warranties or representations as
to its accuracy. AMP assumes no liability or responsibility for any
errors or omissions in the content of the Site.

Your use of and browsing in the Site are at your risk. Neither AMP nor
any other party involved in creating, producing, or delivering the Site is
liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the Site. Without
limiting the foregoing, everything on the Site is provided to you "as is"
without warranty of any kind, either expressed or implied, included, but
not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion of
implied warranties. AMP also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site.

We provide users of the Site with access to certain content and
services related to AMP and its artists, songwriters, which may
include, without limitation, music, videos, chat, forums, bulletin boards,
blogs, fan clubs, photographs, graphics, video games, images, text,
data, user comments, opinions, postings, weekly alerts, messages and
other similar content (such content and services, collectively, the
"Services").


Your submission of information through the Site is governed by
Company's Privacy Policy, which is located at
www.africanmusicpublishing.org/privacy (the "Privacy Policy").
This Agreement incorporates by reference the terms and conditions of
the Privacy Policy. You represent and warrant that any information you
provide in connection with your use of the Site is and shall remain true,
accurate, and complete, and that you will maintain and update such
information regularly. You agree that if any information you provide is
false, inaccurate, obsolete or incomplete, we may terminate your use
of the Site and/or any of the Services.

While using the Site you will comply with all applicable laws, rules and
regulations. In addition, we expect users of the Site to respect the
rights and dignity of others. Your use of the Site is conditioned on your
compliance with the following rules of conduct.


You will not post, transmit, or otherwise make available, through or in
connection with the Site:


-Anything that is or may be (a) threatening, harassing, degrading or
hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene,
indecent or otherwise objectionable; or (e) protected by copyright,
trademark or other proprietary right without the express prior consent
of the owner of such right.

-Any material that would give rise to criminal or civil liability or that
encourages conduct that constitutes a criminal offense.


-Any virus, worm, Trojan horse or other computer code, file, or
program that is harmful or invasive or may or is intended to damage or
hijack the operation of any hardware or software.


-Any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letter," "pyramid scheme" or investment
opportunity, or any other form of solicitation.


-Use the Site for any fraudulent or unlawful purpose.


-Harvest or collect personally identifiable information about other
users of the Site.


-Impersonate any person or entity, including any representative of
Company or an Affiliated Entity; falsely state or otherwise misrepresent
your affiliation with any person or entity; or express or imply that we
endorse any statement or posting you make.


-Interfere with or disrupt the operation of the Site or the servers or
networks used to make the Site available; or violate any requirements,
procedures, policies or regulations of such networks.

-Restrict or inhibit any other person from using the Site (including by
hacking or defacing any portion of the Site).


-Use the Site to advertise or offer to sell or buy any goods or services
without Company's express prior written consent.


-Reproduce, duplicate, copy, sell, resell or otherwise exploit for any
commercial purposes, any portion of, use of, or access to the Site.


-Modify, adapt, translate, reverse engineer, decompile or disassemble
any portion of the Site.


-Remove any copyright, trademark or other proprietary rights notice
from the Site or materials originating from the Site.


-Frame or mirror any part of the Site without Company's express prior
written consent.


-Create a database by systematically downloading and storing all or
any Site content.


-Use any robot, spider, site search/retrieval application or other
manual or automatic device to retrieve, index, "scrape," "data mine" or
in any way reproduce or circumvent the navigational structure or
presentation of the Site, without Company's express prior, written
consent.


You may be required to register with Company in order to access
certain Services or areas of the Site. With respect to any such
registration, we may refuse to grant you, and you may not use, a user
name (or e-mail address) that is already being used by someone else;
that may be construed as impersonating another person; that belongs
to another person; that violates the intellectual property or other rights
of any person; that is offensive; or that we reject for any other reason in
our sole discretion.


Your user name and password are for your personal use only, and not
for use by any other person. You are responsible for maintaining the
confidentiality of any password you may use to access the Site, and
agree not to transfer your password or user name, or lend or otherwise
transfer your use of or access to the Site, to any third party. You are
fully responsible for all interaction with the Site that occurs in
connection with your password or user name, including without
limitation all Transactions (as defined below). You agree to
immediately notify Company of any unauthorized use of your password
or user name or any other breach of security related to your account or
the Site, and to ensure that you "log off"/exit from your account with the
Site (if applicable) at the end of each session. We are not liable for any
loss or damage arising from your failure to comply with any of the
foregoing obligations.


Any information that AMP receives through its Site, other than your
personally information and aggregate information covered by our
Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NONPROPRIETARY.
BY TRANSMITTING TO AMP INFORMATION VIA THIS SITE OR OTHERWISE
THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH AMP RELATING TO
YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT AMP MAY USE THAT
INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU
AUTOMATICALLY GRANT AMP, ITS AFFILIATES, AND SUBSIDIARIES AN IRREVOCABLE,
ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY,
DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR
TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE

THESE RIGHTS TO ANYONE.

All rights in any products available through the Site, such as music,
ring tones, ring back tones, SMS tones, images, video, artwork, text,
software and other copyrightable materials (collectively, the
"Products") are owned by Company, the Affiliated Entities or our
licensors. Subject to your compliance with the terms and conditions of
this Agreement and any other applicable terms and conditions imposed
by us, the Affiliated Entities or our licensors, you have a limited,
revocable right to use those Products you purchase or access through
the Site solely for your personal, noncommercial use in accordance
with the terms and conditions of this Agreement and any other terms
and conditions that may apply to such Products, which right you cannot
transfer to others. Any burning or exporting capabilities, if any, of any
Product shall not constitute a grant or waiver of any rights of Company
or any copyright or other rights owners in such Product, any other
Product or any content, sound recording, underlying musical
composition, artwork or other copyrightable matter embodied in or
associated with such Product or any other Product. You understand
that the Site and the Products include and/or rely on a security
framework using technology that protects digital information and
imposes usage rules established by Company, the Affiliated Entities
and our licensors, and you hereby agree to abide by such usage rules.


Purchases. If you wish to purchase any Product made available
through the Site, or third party (each such purchase, a
"Transaction"), you may be asked to supply certain information
relevant to your Transaction, including without limitation your Paypal
account or credit card number or other payment account number (for
example, your wireless account number), your billing address, and
your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE
EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY
PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION. By submitting such
information, you grant Company the right to provide such information
to third parties for purposes of facilitating the completion of
Transactions initiated by you or on your behalf. Verification of
information may be required prior to the acknowledgment or
completion of any Transaction.


Descriptions and images of, and references to, Products on the Site do
not imply Company's endorsement of such Products. Company
reserves the right, with or without prior notice, to change such
descriptions, images, and references; to limit the available quantity of
any Product; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions; to
bar any user from making any or all Transaction(s); and/or to refuse to
provide any user with any Product. Price and availability of any
Product offered through the Site are subject to change without notice.
In the event that a Product is listed at an incorrect price or with other
incorrect information, Company has the right to refuse or cancel any
orders placed for such Product. You agree to pay all charges that may
be incurred by you or on your behalf through the Site, at the price(s) in
effect when such charges are incurred, including without limitation all
shipping and handling charges. In addition, you remain responsible for
any taxes that may be applicable to your Transactions.


All sales through the Site are final and all charges from those sales are
nonrefundable, except as otherwise expressly set forth in this
Agreement. We reserve the right, at our sole discretion, to refuse or
cancel any order for any reason. We or our third party designees may
automatically process charges against your selected payment method
on the receipt page or when we provide you with a "Download Now"
link. We or our third party designees will inform you if all or any portion
of your order is canceled or if additional or different information is
required to accept your order.


Company reserves the right to change Product delivery options without
notice. On occasion, technical and other problems may delay or
prevent delivery of a particular Product. Your sole and exclusive
remedy with respect to any Product that is not delivered within a
reasonable period will be either replacement of such Product or a
refund of the purchase price paid for such Product.


Except as otherwise expressly provided herein, you may not reproduce, publish,
transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works
from, sell or participate in any sale of or exploit in any way, in whole or in part, directly
or indirectly, any of the Products or any related software. You may not reverse
engineer, decompile, disassemble, modify or disable any Products or any copyright
protection or use limitation systems associated with the Products. You may not play
and then re-digitize any Products, or upload any Products or derivatives thereof to the
Internet. You may not use the Products in conjunction with any other content, including
without limitation, in conjunction with any other Products (e.g., to provide sound for
video). You may not transfer, sell or offer to sell the Products, including, without
limitation, posting any Product for auction on any Internet auction site or "trading" the
Products for money, goods or services. You are not granted any commercial
sale, resale, reproduction, distribution or promotional use rights for
Products, including any rights for uses that require a synchronization or
public performance license with respect to the underlying musical
composition. The delivery of a Product does not transfer to you any commercial
rights in the Product, nor does Company transfer to you any rights to use the Product
for promotional or other marketing purposes.


Trade names, trademarks and service marks of Company include
without limitation, African Music Publishing®, and any associated
logos. All trademarks and service marks on the Site not owned by
Company are the property of their respective owners. The trade
names, trademarks and service marks owned by Company, whether
registered or unregistered, may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause
confusion. Nothing contained on the Site should be construed as
granting, by implication or otherwise, any license or right to use any of
Company trade names, trademarks or service marks without our
express prior written consent.


PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING,
WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO
CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY
DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.


Links to other sites. The Site may provide links to other web sites
and online resources. Because Company has no control over such
sites and resources, you acknowledge and agree that neither Company
nor the Affiliated Entities are responsible for the availability of such
external sites or resources, and Company nor the Affiliated Entities
neither endorse nor are responsible or liable for any content,
advertising, products or other materials on or available through such
sites or resources. Other web sites may provide links to the Site with
or without our authorization. You acknowledge and agree that
Company and the Affiliated Entities do not endorse such sites, and are
not and shall not be responsible or liable for any links from those sites
to the Site, any content, advertising, products or other materials
available on or through such other sites, or any loss or damages
incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING
WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING,
PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND
RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF
USE APPLICABLE TO SUCH SITES AND RESOURCES.


Company shall have the right, at any time and in its sole discretion, to
block links to or from the Site through technological or other means
without prior notice.

CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS LINKS AND
USER SUBMISSIONS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.

AMP AND OUR OFFICERS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND
SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU
OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMP AND OUR
OFFICERS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS
DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST
INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;

(III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE
SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR
DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS
OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE,
NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF AMP, OUR OFFICERS, EXECUTIVES,
EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS
NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS


OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY
FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME GOVERNMENT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, AMP’S, AND OUR OFFICERS’,EXECUTIVES’,
EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’, AND SUPPLIERS’ LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL AMP OR OUR OFFICERS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS,
LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES ARISING OUT OF: (I) THE SITE, YOUR ACCESS, USE OR INABILITY
TO USE THE SITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS
INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR
INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE SITE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN;

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY.
AMP RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE
SITE OR THE CONTENT ON THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY
WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE
LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AMP OR
OUR OFFICERS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR
ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT AMP SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.


You agree to defend, indemnify and hold harmless AMP and the
Affiliated Entities and their respective artists, sponsors, employees,
officers, directors, shareholders, affiliates, agents, representatives,
suppliers and members, from and against all claims, losses, costs and
expenses (including attorneys fees) arising out of (a) your use of, or
activities in connection with, the Site; or (b) any violation of this
Agreement by you.

Termination. This Agreement is effective until terminated. Company,
in its sole discretion, may terminate your access to or use of the Site, at
any time and for any reason, including if Company believes that you
have violated or acted inconsistently with the letter or spirit of this
Agreement. Upon any such termination, you shall not be permitted to
use the Site and, for the avoidance of doubt, you shall not have the
right to sue or otherwise bring claims against Company, the Affiliated
Entities, or their respective artists in respect of such termination. You
agree that any termination of your access to or use of the Site may be
effected without prior notice, and that Company may immediately
deactivate or delete your password and user name, and all related
information and files associated with it, and/or bar any further access
to such information or files. You agree that Company, the Affiliated
Entities, and their respective artists, songwriters shall not be liable to
you or any third party for any termination of your access to the Site or
to any such information or files, and shall not be required to make such
information or files available to you after any such termination.

Company reserves the right to takes steps that Company believes are
necessary or appropriate to enforce and/or verify compliance with any
part of this Agreement (including, without limitation, Company's right to
cooperate with any legal process relating to your use of the Site and/or
Products, and/or a third party claim that your use of the Site and/or
Products is unlawful and/or infringes such third party's rights).

Claims of Copyright Infringement. The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights under international copyright law. If you believe in good
faith that materials available on the Site infringe your copyright, you (or
your agent) may send Company a notice requesting that Company
remove the material or block access to it. If you believe in good faith
that someone has wrongly filed a notice of copyright infringement
against you, the DMCA permits you to send Company a counter-
Notices and counter-notices should be sent This e-mail address is being protected from spambots. You need JavaScript enabled to view it

We suggest that you consult your legal advisor before filing a notice or
counter-notice.

This Agreement does not, and shall not be construed to, create any
partnership, joint venture, employer-employee, agency or franchisorfranchisee
relationship between you and Company. If any provision of
this Agreement is found to be unlawful, void or for any reason
unenforceable, that provision will be deemed severable from this
Agreement and will not affect the validity and enforceability of any
remaining provision. You may not assign, transfer or sublicense any or
all of your rights or obligations under this Agreement without our
express prior written consent. No waiver by either party of any breach
or default hereunder will be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or section title
contained herein is inserted only as a matter of convenience, and in no
way defines or explains any section or provision hereof. This, together
with all policies referred to herein, is the entire Agreement between
you and Company relating to the subject matter herein and supersedes
any and all prior or contemporaneous written or oral agreements or
understandings between you and Company relating to such subject
matter. Notices to you may be made via posting to the Site, by e-mail,
or by regular mail, in Company's discretion. The Site may also provide
notices of changes to this Agreement or other matters by displaying
such notices or by providing links to such notices. Without limitation,
you agree that a printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. Company will not be responsible for failures to fulfill any
obligations due to causes beyond its control. Company obtains
permission from record companies and other content owners to make
their musical and other content available to you through the Site. You
agree that the content owners that license or otherwise make their
musical and other content available to Company in connection with the
Site (including, without limitation, as Products) are third-party
beneficiaries under this Agreement with the right to enforce the
provisions of this Agreement that directly concern their content.

© 2008 African Music Publishing. All rights reserved.