DMCA / Copyright Policy

Our commitment

Ampin' Up respects copyright. We remove or disable access to User Content on the Service when we receive a valid notice that it infringes someone's copyright, and we terminate the accounts of repeat infringers. This page explains how a copyright owner can report infringing material and how a user whose content was removed can respond.

This policy is meant to be a template and a starting point, not legal advice. Have counsel review it, and complete the bracketed items below, before you rely on it.

How uploads work on Ampin' Up

When you upload a Guitar Pro tab, Ampin' Up derives 3D note and fretting-hand data from it and adds the result to your own private library. Uploaded tabs and their derived data are private to the uploader:

• They are not shared with, browsable by, or downloadable by other users.
• They are personal educational storage, not public distribution.

The 3D note and fretting-hand data is derived automatically, as a format transformation, solely to render your own privately-stored file, and it is kept only in your own private library.

Action item for the owner: have counsel confirm whether this automated derivation affects DMCA § 512(c) "storage at the direction of a user" safe-harbor coverage.

Uploaded content is private to the uploader and is not publicly distributed. Ampin' Up hosts this material and honors valid DMCA notices; if we receive a proper notice, we will remove or disable access to material we host.

How to file a copyright takedown notice

If you believe material on Ampin' Up infringes a copyright you own or are authorized to represent, send a written notice to our Designated Copyright Agent (contact details below). To be valid under 17 U.S.C. § 512(c)(3), your notice must include all six of the following:

• A signature. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
• Identification of the copyrighted work. The work you claim has been infringed. If your notice covers multiple works on the Service, a representative list of those works is enough.
• Identification of the infringing material. Identify the material you claim is infringing and give us information reasonably sufficient to let us locate it — for example, the song or file name, the uploader's account or username if known, and any other identifying details.
• Your contact information. Your name, mailing address, telephone number, and email address so we can reach you.
• A good-faith-belief statement. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement of accuracy and authority, under penalty of perjury. A statement that the information in your notice is accurate, and that under penalty of perjury you are the copyright owner or are authorized to act on the owner's behalf.

If your notice is missing any of these elements, it may not be valid and we may not be able to act on it. Please note that under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

Where to send notices — Designated Copyright Agent

Send copyright notices to our Designated Agent:

• Email: coleto.smitty@gmail.com
• Mail: Cole Smith (Designated Copyright Agent), 3512 Via Esperanza Way, South Jordan, UT 84095, United States

To claim DMCA safe harbor, the Designated Agent must also be registered with the U.S. Copyright Office in its online DMCA Designated Agent Directory. Action item for the owner: register the agent above with the Copyright Office (and keep the registration current) before relying on this policy.

Please send copyright matters to the address above rather than to general support — notices sent elsewhere may be delayed and may not be effective.

What happens after we receive a valid notice

When we receive a notice that meets the requirements above, we will:

• Remove or disable access to the material we host.
• Make a reasonable effort to notify the uploader that the material was removed, and provide them a copy of the notice.
• Let the uploader know they may submit a counter-notification.

Counter-notification — restoring your content

If your content was removed or disabled and you believe this was a mistake or a misidentification, you may send a counter-notification to coleto.smitty@gmail.com. To be valid under 17 U.S.C. § 512(g)(3), your counter-notification must include all of the following:

• Your physical or electronic signature.
• Identification of the material that was removed or disabled and the location where it appeared before it was removed or disabled.
• A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located — or, if your address is outside the United States, for any judicial district in which Ampin' Up may be found, which is the District of Utah — and that you will accept service of process from the person who filed the original notice, or from that person's agent.

Restore window. If we receive a valid counter-notification, we will forward it to the person who filed the original notice. We may then restore the removed material in not less than 10, and not more than 14, business days following our receipt of your valid counter-notification — unless the original complainant first notifies us that they have filed a court action seeking to keep you from engaging in the allegedly infringing activity.

As with takedown notices, knowingly and materially misrepresenting that material was removed by mistake or misidentification may create liability under 17 U.S.C. § 512(f).

Repeat infringers

Ampin' Up will, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who are repeat infringers. We may also suspend or terminate an account for a single serious case of infringement.

Changes to this policy

We may update this policy from time to time. Material changes will be reflected by the "Last updated" date above, and your continued use of the Service after a change means you accept the updated policy.

Questions

For general questions about Ampin' Up, see our contact page or email coleto.smitty@gmail.com. Formal copyright notices and counter-notifications must go to coleto.smitty@gmail.com to be effective.