I. General

1.1 Binding Nature of Terms and Conditions
Registering for a Blogamp service account on blogamp.com (“the Service”) owned and operated by BlogAmp (the “Company”) signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Company may modify these Terms and Conditions at any time. Your continued use of the Service following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications. The failure of the Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the State of New Jersey irrespective of any principles of conflicts of law.

By registering for an account, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Jersey City in the State of New Jersey, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

1.4 BlogAmp Technology
Blogamp provides on-demand audio access to its users which does not include downloading of MP3’s. It is understood that the security of the streaming media is reasonably secure in that no files are transferable to users for use on P2P networks, therefore Blogamp takes no responsibility for users acting upon themselves to secure MP3 versions of tracks sampled thru Blogamp.

1.5 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and the Company and cannot be modified by you.


II - CONDITIONS

2.1 Copyright Ownership or Permission
Blogamp requires that its subscribers either control the copyright or have been assigned the rights to exploit the content being broadcast via Blogamp on the web.  To ensure that the content is not infringed, Blogamp may require detailed credit information (including publishing info) that proves that the client who is licensing Blogamp has permission to maintain the content on the web based media player.

2.2 Information Required
At registration, you are required to submit the following information: your full name, permanent residential address, phone number, credit card or other payment information, a handle that will be your user name, a password and your e-mail address.

2.3 Accuracy of Information
You represent and warrant that all information you supply to the site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.4 Cancellation of Subscription
To cancel your membership you must contact the Company via e-mail at
info@blogamp.com on or before the 20th of that month to avoid recurring monthly charges for the following month. Please include your name and contact information in the email.

2.5 Telecommunication Charges
You are responsible for any telecommunication charges incurred while accessing the Service, including but not limited to, long distance charges, local phone charges, equipment and line costs. Any dispute of these charges is strictly between you and your telecommunication provider.

2.6 Privacy Policy
The Company will not intentionally disclose any personally identifying information about you (including information submitted on the submission form, your e-mail address, information obtained by the Service from cookies, and information regarding your IP address) to third parties without your consent except where the Company, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Service.


III - LIMITATION ON LIABILITY

3.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SERVICE.

The Company 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.

3.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE COMPANY HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

3.3 Payments and Royalities
Blogamp assumes no responsibility and it is mutually understood that no royalties are to be paid by Blogamp to any artist, writer or publisher who maintains a Blogamp. 

3.4 Credit Card or Other Payment Mechanism
You are responsible for paying your subscription fees to the Company on time. You agree that the Company is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Service.

Any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account and civil and/or criminal prosecution.

3.5 Accounts for Individual Use Only
You, as the holder of the account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. By registering you agree to indemnify, defend, and hold the Company harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.

3.6 Account Termination
The Company reserves the right to terminate your account, for any reason, including but not limited to any reasons listed in any section of this agreement. By registering for an account you consent to allow the Company to access your account information to investigate complaints or other allegations of abuse.

3.7 Links
The Site may contain links to other web sites and resources. You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy of such web sites or resources or the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Site does not imply that the Company endorses the linked site.

3.8 Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Service, your violation of these Terms and Conditions, or the infringement by you or any other user of the Service using your user name and password (whether or not you are the individual who undertakes such activities).