The hitRECord Accord

The following accord (“Accord”) is provided for informational purposes only and is subject to the hitRECord.org LLC (“Company”) End User License Agreement and Terms of Service (“Terms”), any guidelines that the Company posts to the website located at www.hitRECord.org from time-to-time, including, without limitation, the RECord Submission Guidelines (collectively, “Guidelines”) and the Terms for Including RECord and non-RECord Contributions for Monetized Final Products (“Monetized Final Product Terms,” together with the Terms and any Guidelines, the “Company Terms”). All capitalized terms that are used but not otherwise defined in this Accord will have the meanings ascribed to them in the Terms or the Monetized Final Product Terms.

1. By browsing, accessing, using or registering the hitRECord website or mobile applications (an “App”) (collectively, “hitRECord”), you agree to the following main principles:

   1. You own the RECords you Post to hitRECord;

   2. You grant every User of hitRECord the right to modify, adapt, and/or remix any RECords that you Post to hitRECord; and

   3. You grant the Company the non-exclusive right to use and monetize any RECords or Non-RECord Contributions that you Post or provide to hitRECord. If we are successful in monetizing your RECords and Non-RECord Contributions, then we will share the Profits with you, if any, in accordance with our Monetized Final Product Terms.

2. Frequently Asked Questions

While you MUST read the Company Terms in their entirety and agree to them in order to use hitRECord, below are answers to some frequently asked questions with respect to these Company Terms. If you’d like to ask us any questions that aren’t covered below, or if we can otherwise help clarify anything about the Terms, then please contact us here. We will get back to you as soon as possible.

What kinds of RECords am I allowed to Post to hitRECord?

You may Post all types of RECords – video, audio, text, music, images and ZIP files – provided that you are the copyright owner of the RECords and you don’t include in your RECords anyone else’s works that you do not have permission to use or the right to authorize the Company and other Users to use pursuant to the Company Terms.

Am I allowed to download others’ RECords from hitRECord, modify them and re-Post them to hitRECord?

Yes! That’s the purpose of hitRECord. hitRECord revolves around Users modifying and remixing each other’s RECords. And once you Post a RECord that is derived from another RECord taken from hitRECord, you must provide attribution to the original Artist of the RECord that you modified or adapted. Providing this attribution is not only fair, but it also helps us organize and identify who created what RECords. Plus, it’s how you get to see what other Users have made with your RECords!

What does it mean that the Company may “monetize” RECords?

As more fully described in the Company Terms, it means that the Company may use any of your RECords or Non-RECord Contributions (either alone or in combination with any other RECord(s) or Non-RECord Contributions created or provided by you or any other User) for monetary gain. After RECords are included in a Final Product, the Company will split the money it makes 50/50 with all of the Contributing Artists whose RECords or Non-RECord Contributions are included in the particular Final Product.

What does it mean that the Company has the “non-exclusive right” to monetize RECords?

This means that the Company may monetize your RECords as described above and in the Company Terms, although you still own your RECords and have the right to monetize them on your own as well. However, you may only Post RECords to hitRECord that you have the right to Post as described above and further described in the Terms. For example, this means that you cannot Post to hitRECord any RECord to which you have granted a third-party distributor, such as Twentieth Century Fox or Universal, the exclusive right to monetize.

How is the Contributing Artists’ Profit Pool split up?

That’s a question that was especially hard to figure out. We tried to come up with a formula that would work every time, but in reality, every Final Product is unique. So, this is how we do it. In connection with each Final Product, we Post on hitRECord a public proposal to Users explaining how we believe the Profits should be fairly split among Contributing Artists. We encourage Contributing Artists to engage in conversation and voice their opinions – we want to make sure every Contributing Artist is included, and that the community agrees we are splitting the Profits fairly. After approximately two (2) weeks, we will make the final allocation decision, but our decision will be informed by and based upon community feedback from the Contributing Artists as described above.

I understand that Contributing Artists have been paid differently for their RECords that were included in the TV show known as “hitRECord on TV.” How has that worked?

The TV business is unlike any other business the Company has ventured into thus far. For hitRECord on TV, we initially made two (2) seasons of eight (8) episodes each. Each episode had $50,000 in its budget to pay all of the Contributing Artists whose RECords were used in that episode because it can take years before a production company can turn a profit on a TV show, if it ever does. That $50,000 budget was used to compensate Contributing Artists for their RECords and that means they got paid even if the TV show was never profitable.

As for splitting Profits derived from each episode, we approached that the way we’ve always done it: Payment proposals were posted to hitRECord, the Contributing Artists had approximately two (2) weeks to provide feedback, and then we posted to hitRECord the final Profit allocations among the Contributing Artists and sent out checks.

hitRECord End User License Agreement and Terms of Service

Last Modified: June 7, 2018

View our previous Terms of Service (posted: June 7, 2013, modified January 13, 2016)

Introduction; your agreement to this End User License Agreement and Terms of Service.

Welcome to the hitRECord.org LLC (“Company,” or “we,”) web site, related mobile applications (“App”) or any other online services or properties owned or controlled by the Company (collectively, “hitRECord”). hitRECord is an online and mobile platform that allows Users (defined below) to submit, upload or post (collectively, “Post”) content to hitRECord, and to engage with other content on the site by remixing, modifying, adapting, and re-Posting such content.

This End User License Agreement and Terms of Service (“Terms”) creates a legal contract between the Company and you (“you”). Visitors and users of hitRECord are referred to individually as a “User” and collectively as “Users.”

PLEASE READ CAREFULLY THESE TERMS. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING HITRECORD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST STOP USING HITRECORD.

Terms and Conditions.

1. Consideration. Our goal is for hitRECord to provide Users with a collaborative environment that inspires and facilitates the creation and sharing of interesting and novel artistic content. To this end, we provide you with free access to hitRECord and fair compensation for any of your RECords that we monetize pursuant to the Terms for Including RECords and Non-RECord Contributions for Monetized Final Products (“Monetized Final Products Terms”). In return for providing you with these benefits, you acknowledge and agree that the Company may generate revenues and increase goodwill from your use of hitRECord.

   
   

2. Eligibility. HITRECORD IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM HITRECORD BY THE COMPANY. In order to use hitRECord, you must either be 18 years of age or possess parental or guardian consent and you must be fully able and competent to enter into and comply with these Terms. If you are under 18 years of age, then by using hitRECord you certify that your parent or guardian has consented to your use of hitRECord and to these Terms on your behalf, and you acknowledge and agree that your use of hitRECord is at his or her discretion. Until you are 18 years old, your parent or guardian may ask us to modify, deny access to, or terminate your account and we may do so at his or her request or at any time, for any or no reason, without notice and liability. In any case, you affirm that you are over the age of 13, as hitRECord is not intended for or targeted to any person under 13 years of age. By clicking the applicable button or box, or by otherwise using hitRECord, you represent that you meet the eligibility requirements described above and have not been previously suspended or denied permission to use hitRECord by the Company.

   
   

3. Privacy Policy. Your privacy is important to us. The Company’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to the Company’s collection, use, and disclosure of your personal information.

   
   

4. Additional Terms. The Company’s Monetized Final Product Terms are hereby incorporated into these Terms by reference. You are also bound by the RECord Submission Guidelines and any additional guidelines or rules applicable to specific services and features on hitRECord that may be posted or presented to you from time-to-time on hitRECord by the Company (collectively, “Guidelines,” together with the Terms and Monetized Final Product Terms, the “Company Terms”). Please read all Guidelines carefully as all such Guidelines also are hereby incorporated by reference into these Terms. In the event of any conflict or inconsistency between these Terms and the Monetized Final Product Terms and/or any Guidelines, the Monetized Final Product Terms and/or Guidelines will control solely to the extent of the conflict or inconsistency.

   
   

5. Modification of the Company Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Company Terms, at any time; provided, however, that we will endeavor to provide you with advance notice of any material changes. Please check the Company Terms periodically for changes. Your continued use of hitRECord after the posting of changes constitutes your binding acceptance of such changes. Any changes to the Company Terms will be effective upon posting on or through hitRECord. Notwithstanding the previous sentences of this Section 5, no revisions to the Company Terms will be effective with respect to any dispute that arose between you and the Company prior to the date of such revision.

   
   

6. Content Downloads. The Company will make RECords available to you for download from or through hitRECord. All such RECords that you download will be subject to the terms and conditions in the Company Terms.

   
   

7. Messages. hitRECord may include features that allow you to send messages to other Users. There is no confidentiality with respect to messages sent via hitRECord. All messages will be publicly viewable by other Users so you should carefully consider what you include in messages that you send to other Users through any messaging features offered in hitRECord. You represent and warrant that you will indemnify and hold the Company harmless from any and all claims arising out of your sending such messages.

   
   

8. Artist Submissions; Licenses; Representations and Warranties.

   
   

   1. Definitions.

   
   

   1. “Album” means any compilation of RECords curated and Posted to hitRECord through the applicable functionalities of hitRECord.

   
   

   2. “Artist” means a User who Posts a RECord or made a Non-RECord Contribution to hitRECord.

   
   

   3. “Challenge” means an invitation for other Users to Post certain types of RECords to hitRECord according to specified parameters that is created and issued through the applicable functionalities of hitRECord.

   
   

   4. “Contributing Artist” means an Artist whose RECord or Non-RECord Contribution is included in a Final Product.

   
   

   5. “Final Product” means any RECord, Non-RECord Contribution, or combination of RECords and/or non-RECord contributions that the Company monetizes or otherwise designates as a “Final Product.”

   
   

   6. “Non-RECord Contribution” means any non-RECord service contribution to a Project by a User through the functionalities available on hitRECord, including, but not limited to, curation, management, or producing services undertaken for the benefit of a Project or the App.

   6. “Project” means any collaboration among Users to create certain types of RECords based on at least one Challenge that is created through the applicable functionalities of hitRECord.

   
   

   7. “RECord” means any text, photograph, image, video, audio, audiovisual work, sound recording (including the musical works embodied therein), other content or ZIP file Posted to hitRECord by a User through the functionalities available on hitRECord.

   
   

   2. RECords Generally.

   
   

   1. When an Artist Posts a RECord, such Artist automatically grants Users the right to access, reproduce, modify, adapt, and otherwise use the RECord in accordance with the license granted in the Terms, and automatically grants the Company a non-exclusive license to (1) reproduce and host the RECord on computer servers or other storage devices owned and/or controlled by or on behalf of the Company; and (2) monetize the RECord in a Final Product in accordance with the Terms.

   
   

   2. If the Company uses a RECord or Non-RECord Contribution in a Final Product, then the Company will notify the applicable Contributing Artist via e-mail to the Contributing Artist’s e-mail address on file with the Company. Notification to such Contributing Artist will occur prior to opening a comment period related to a Contributing Artists’ Profit Pool per 2(c)(i) of the Monetized Final Product Terms. All Contributing Artists to a Final Product will share in certain profits, if any, derived from the monetization of their RECords and Non-RECord Contributions in accordance with the Monetized Final Product Terms.

   
   

   3. You may delete your account and any RECords you Post to hitRECord pursuant to Section 13(b), but any other RECords that incorporated all or any portion of your RECords during the time that your RECords were licensed for Use (as defined below) on hitRECord pursuant to the Company Terms or any Final Product created using your RECords, either directly or through other RECords that incorporated your RECords, during the time that your RECords were licensed for Use on hitRECord pursuant to the Company Terms will not be deleted, and any Contributing Artist’s Share (as defined in the Monetized Final Product Terms) payable to you for any Final Product that include such pre-existing RECords will continue to be remitted to you pursuant to the Monetized Final Product Terms. This means that even if you remove a RECord from hitRECord, that RECord may continue to be included in perpetuity in any RECord and/or Final Product that includes such RECord that pre-dates the removal of your RECord. For illustrative purposes only, let’s say you’re a photographer that aspires to have a full-time career one day exclusively selling your photographs. We would recommend thinking twice before posting your photos here as RECords because, in the event any of your photos are remixed by other Users, they could remain on hitRECord permanently. Therefore, think before you Post a RECord to hitRECord!

   
   

   3. Licenses.

   
   

   1. To the Company. By Posting RECords to hitRECord, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, perpetual (for the duration of the copyrighted work, and subject to Section 13(b)) and transferable license to host, transfer, communicate to the public, publicly display, publicly perform (including by means of a digital audio transmission), reproduce (including the right to synchronize in timed relation to visual images in an audiovisual work (i.e., synchronization and master use licenses)), distribute and re-distribute, combine with other RECords, and create derivative works of and otherwise use your RECords, including for commercial purposes, advertising, merchandising, commercial tie-ins, or other promotional purposes, in whole or in part, in any and all media formats and products and through any and all media channels or technologies and for any type of receiving device (by way of example and not limitation, any form of television (e.g., broadcast, satellite, cable, on-demand, and Internet-delivered television (“IPTV”)), mobile communications, and to computers, smart phones and tablet computers), whether now known or hereafter devised (collectively, “Use”), in connection with hitRECord, to advertise, market, promote, and/or monetize hitRECord, RECords, and Final Products, or Artists or Contributing Artists, and/or the business operations of the Company, its successors, and affiliates. You further grant the Company a royalty-free license to Use the name, image, voice, and likeness of any identifiable person in any RECords you Post to hitRECord for any purpose permitted in the immediately preceding sentence.

   
   

   1. By way of example and not limitation, the licenses you grant in this Section 8(c)(i) authorize the Company to include or combine your RECords with other RECords and to distribute and monetize your RECords, either in whole or in part, separately or in combination with other RECords, on any matter of television (e.g., broadcast, cable, satellite, IPTV) whether delivered linearly or on-demand, to any type of device (e.g., a tablet computer (such as an iPad) or a smartphone), via theatrical distribution, or on the Internet through hitRECord.

   
   

   2. By way of example and not limitation, the licenses you grant in this Section 8(c)(i) allow the Company and its assignees and licensees to use any RECords you Post to hitRECord in any advertising, publicity, commercial ties-in, merchandising or other promotional material for the “monetization” of the RECords, and for any monetization of RECords in Final Products, subject to the Monetized Final Product Terms.

   
   

   3. You further acknowledge and agree that even if another User of hitRECord violates your rights in any RECord by exceeding the license grant set forth below in Section 8(c)(ii) of these Terms or by otherwise violating these Terms, the Company and its licensees and assignees will not be in breach of this Section 8(c)(i) or any other provision of these Terms by using any RECord of such breaching Users, such as by re-tweeting a Post by such breaching User.

   
   

   2. To Other hitRECord Users. By Posting a RECord to hitRECord, you hereby grant each User of hitRECord a worldwide, non-exclusive, royalty-free, perpetual (for the duration of the copyrighted work), and transferable license to access, download, use, reproduce, modify, adapt, prepare derivative works of, and combine your RECords with any other material, in whole or in part, and in any media formats, solely for the purposes of creating a RECord for re-Posting to hitRECord for any purposes authorized in the Company Terms and for no other purpose.

   
   

   3. Reservation of your Rights. Notwithstanding the licenses granted above, you, as an Artist, reserve the right to release and non-exclusively Use your RECords at any time; provided, however that you may not withdraw or revoke any licenses granted in these Terms that would inhibit the Use of any RECords or Final Products incorporating any RECords you have Posted to hitRECord.

   
   

   4. No Liability for Unauthorized Uses. YOU HEREBY ACKNOWLEDGE THAT THE COMPANY, AND ITS ASSIGNEES AND LICENSEES, HAVE NO CONTROL OVER ANY USE OF YOUR RECORDS ON THIRD PARTY WEBSITES, AND THE COMPANY AND ITS ASSIGNEES AND LICENSEES HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS REGARDING SUCH USES OR EXPLOITATIONS.

   
   

   5. You, As a User, Accepting License Grant from Other Users. By incorporating a RECord obtained from hitRECord in any RECord you create, you hereby agree to be bound by the provisions of the license grant set forth in 8(c)(ii) of these Terms. You further agree that you will (1) give attribution to each Artist whose RECord you are using (in accordance with the applicable instructions on hitRECord); (2) limit any and all uses of a RECord obtained from hitRECord to personal, non-commercial uses, excluding only cases where any of your RECords are used in Final Products; and (3) use your best efforts to prohibit third parties, other than other Users of hitRECord, from modifying any RECords that you have obtained from hitRECord. All modifications of a RECord must only be published on hitRECord to ensure compliance with these Terms, including that all Contributing Artists receive proper attribution and participation in any applicable Contributing Artists’ Profit Pool.

   
   

   6. Revocability; Effect of Account Termination. You may remove your RECords from hitRECord or terminate your account pursuant to Section 13(b); provided, however, the licenses granted in this Section 8(c) are perpetual and irrevocable with respect to any RECord or Final Product made using one or more of your RECords that were created prior to the removal of the applicable RECord(s) from hitRECord.

   
   

   4. Exclusive Rights. You retain any and all intellectual property rights you have in RECords you Post to hitRECord, subject to any preexisting rights of any third parties and the licenses granted in the Company Terms. The Company acknowledges that it has no exclusive rights in any RECords; however, to the extent the Company desires to obtain exclusive rights to any RECords, the Company will contact the User or applicable Users and negotiate in good faith regarding obtaining any such rights.

   
   

   5. Waiver of Certain Rights. By Posting RECords to hitRECord, please understand that such content may be used in a manner, that once used, cannot be changed. Therefore, as a condition of your Posting RECords to hitRECord, we require that you waive certain rights as explained below. PLEASE UNDERSTAND, HOWEVER, THAT YOU ARE NOT WAIVING ANY OWNERSHIP INTEREST IN YOUR RECORDS AND YOU ARE SIMPLY GRANTING THE COMPANY AND OTHER USERS OF HITRECORD THE LICENSES SET FORTH IN SECTION 8(c) ABOVE.

   
   

   1. Prior Inspection and Approval. By Posting RECords to hitRECord, you waive any rights of prior inspection or approval for any Use authorized in Section 8(c) above.

   
   

   2. Rights of Privacy and Publicity. You also waive any and all rights of privacy, publicity, false light, defamation or any other rights of a similar nature in connection with your RECords, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto.

   
   

   3. Moral Rights. To the extent permitted by applicable law, you agree to transfer and assign any claims and assertions of any rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like or any other rights of an author to control the use of a work, including how the work is displayed, attributed, distributed or otherwise used and/or any right to prevent revisions, alterations or distortions of a work (collectively, “Moral Rights”) with respect to any RECords you Post to hitRECord. To the extent any Moral Rights that you may have in RECords you Post to hitRECord are not assignable pursuant to applicable law, then to the fullest extent permitted under applicable law, you hereby waive and agree never to support, maintain or permit any action based on any Moral Rights, including, without limitation, any limitation on subsequent modification, that you may have in or with respect to any RECords you Post to hitRECord.

   
   

   4. Royalty Free License Grant; Union Fees and Residuals. Except for payments due to you pursuant to the Monetized Final Product Terms, if any, you (or any other third-party) will not be entitled to any royalties or other fees for any Use, including, by way of example and not limitation, for the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), synchronize any musical works or sound recordings in timed relation to visual images in an audiovisual work, publicly perform sound recordings and music videos (and the musical works embodied therein), or publicly display any artwork you Post to hitRECord. This also means that you are granting the Company the right to Use your RECords without the obligation to pay any royalties to any third-party (e.g., a record label, a music publisher, a literary publisher, a photography publisher) or any agent of any of the foregoing (e.g., a performing rights organization such as ASCAP, BMI or SESAC in the United States or PRS for Music in the United Kingdom) (each, a “PRO”), a sound recording PRO (e.g., SoundExchange, Inc.), or any unions or guilds (e.g., SAG-AFTRA, the American Federation of Musicians (“AFM”), etc.). In addition, the Company is not a signatory to any union, guild or other collective bargaining agreement (including, without limitation, SAG/AFTRA, DGA and WGA) and therefore is not required to pay – and will not pay – any minimum fees, residuals, reuse fees, pension, health and welfare benefits or other benefits or payments for any Use of any RECords or Final Products pursuant to the Company Terms.

   
   

   5. Similar RECords. You acknowledge and agree that given the large number of Users contributing RECords to hitRECord, there may be similar or identical projects, ideas, designs, materials, or RECords that have been or may be generated and Posted by other Users of hitRECord or that may be originated by the Company or any of its affiliates, assignees or licensees. You will not be entitled to any compensation due to the Company monetizing such other similar or identical elements or items. If you believe any of your RECords have been incorporated into a Final Product without attribution pursuant to Section 8(c)(v), then please provide feedback on the proposed allocations of participation within the Contributing Artists’ Profit Pool during the open comment period in accordance with the Monetized Final Product Terms.

   
   

   6. Notwithstanding Section 8(e), you should let the Company know immediately if you object to any uses of your RECords in the promotion of hitRECord. We will consider all reasonable requests to terminate any Use in promotions or advertising that you find objectionable, but we will have no liability to you for any Use authorized in the Company Terms. You can contact us via e-mail at Support@hitRECord.org.

   
   

   7. Your Representations and Warranties with Respect to RECords. You are solely responsible for the RECords you Post to hitRECord and the consequences of Posting such RECords to hitRECord. By Posting your RECords to hitRECord, you affirm, represent, and warrant that: (i) you are the creator and owner of and/or have the necessary rights to use and to authorize the Company and the Company’s Users to Use your RECords as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by the Company and these Terms; (ii) you have obtained all rights, licenses, permissions, authorizations, and consents from any persons who appear in any RECords you Post to hitRECord as necessary to comply with these Terms; (iii) your RECords do not and will not: (1) infringe, violate, or misappropriate any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property or proprietary rights of any other person; or (3) require the Company or its assignees or licensees or any other User to obtain any licenses, permissions authorizations or consents from or pay any fees or royalties to any third parties for the right and licenses granted in these Terms, excluding only any potential payment to you pursuant to the Monetized Final Product Terms; and (4) you will comply with any reporting or notice obligations that you have to any third party for the licenses you have granted to the Company and other Users pursuant to these Terms, including, by way of example and not limitation, any PRO in accordance with the policies and procedures of such PRO; and (5) your RECords do not contain any viruses, adware, spyware, worms, or other malicious or harmful code. If your RECords violate the rights of any third-party, then you may be subject to criminal and civil liability.

   
   

   8. Disclaimers as to RECords and Final Products. YOU UNDERSTAND THAT WHEN USING HITRECORD YOU WILL BE EXPOSED TO RECORDS AND FINAL PRODUCTS THAT INCORPORATE RECORDS CREATED AND PROVIDED BY USERS, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH RECORDS AND FINAL PRODUCTS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO RECORDS OR FINAL PRODUCT THAT ARE FALSE, MISLEADING, INCOMPLETE, INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO. THE COMPANY DOES NOT ENDORSE ANY RECORDS (INCLUDING, WITHOUT LIMITATION, ANY RECORDS EITHER ON THEIR OWN OR WHEN INCORPORATED INTO A FINAL PRODUCT), OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ALL RECORDS AND FINAL PRODUCTS. IF NOTIFIED BY A USER OR A CONTENT OWNER OF ANY RECORDS OR FINAL PRODUCT THAT ALLEGEDLY DOES NOT CONFORM TO THESE TERMS OR OTHERWISE VIOLATES THE RIGHTS OF ANY THIRD PARTY, THE COMPANY MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE THE RECORDS OR FINAL PRODUCT, WHICH IT RESERVES THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE OR LIABILITY TO ANY USER. FOR CLARITY, THE COMPANY DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON HITRECORD.

   
   

   9. Uploads Only. You may only submit RECords to the Company through hitRECord. Accordingly, you may not send any creative materials (including, without limitation, any photographs, images or written works) to the Company (or to any of its advisers identified in these Terms) on physical media or through electronic mail or facsimile. If you do not comply with the requirements described in this Section 8(i), then the recipient of your creative materials will have no obligation to return them to you.

   
   

9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement. It is the Company’s policy to respond promptly to notices of alleged intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to the Company’s DMCA Notification Guidelines. The Company will promptly terminate your access to hitRECord if you are determined by the Company in its sole discretion to be a “repeat infringer” as specified in the DMCA Notification Guidelines.

   
   

10. Prohibited Conduct. Without limiting any other restrictions set forth in these Terms, by using hitRECord, you agree not to do or encourage others to do any of the following:

    
    

    1. use hitRECord for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access hitRECord as offered by the Company;

    
    

    2. Post to hitRECord any RECords for which you do not have all necessary rights, permissions, authorizations, consents, and licenses to grant the rights and make the covenants, representations, and warranties set forth in the Company Terms;

    
    

    3. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 14(a) below);

    
    

    4. Post to hitRECord or distribute any defamatory, libelous, or inaccurate RECords;

    
    

    5. Post to hitRECord or distribute any RECords or messages that are unlawful or that the Company in its sole discretion deems to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate or shocking to the conscience (collectively, “Objectionable Content”);

    
    

    6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access hitRECord accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via hitRECord, or perform any other similar fraudulent activity;

    
    

    7. delete the copyright or other proprietary notices on hitRECord or RECords;

    
    

    8. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of hitRECord. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

    
    

    9. use hitRECord for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

    
    

    10. defame, harass, abuse, threaten or defraud Users of hitRECord, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use hitRECord for any commercial use, it being understood that hitRECord is for your personal, non-commercial use only, and in the absence of your RECords being included in a Final Product, you may not sell or receive any monetary benefit from any RECords on hitRECord;

    
    

    11. use hitRECord if you are under the age of 13 years old;

    
    

    12. remove, circumvent, disable, damage or otherwise interfere with security-related features of hitRECord or RECords, features that prevent or restrict use or copying of any content accessible through hitRECord, or features that enforce limitations on the use of hitRECord or RECords;

    
    

    13. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of hitRECord or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    
    

    14. modify, adapt, translate or create derivative works based upon hitRECord or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or

    
    

    15. intentionally interfere with or damage operation of hitRECord or any User’s enjoyment of hitRECord, by any means, including, without limitation, by Posting or otherwise disseminating to hitRECord viruses, adware, spyware, worms, or other malicious code.

    
    

    If you encounter any Objectionable Content on hitRECord, then please contact the Company at Report@hitRECord.org or any other reporting functionality available on hitRECord. You acknowledge and agree that the Company provides you the ability to report Objectionable Content as a courtesy, and the Company has no obligation to remove or take any other action with respect to any Objectionable Content that you report to us. The Company in its sole discretion may terminate, suspend, warn or take other appropriate actions against Users for Posting Objectionable Content to hitRECord.

    
    

11. Account.

    
    

    1. When you use hitRECord to Post and/or download or edit information on hitRECord, you will have to create an account by providing an e-mail address, user name and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device used to access hitRECord, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times until you voluntarily choose to terminate your use of hitRECord or your right to use hitRECord is terminated by the Company. If the Company determines that your e-mail address is no longer valid, then the Company may suspend your right to use hitRECord until you provide a current e-mail address or terminate your account, in its sole discretion. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify the Company. You are solely responsible for the losses incurred by the Company or others due to any unauthorized use of your account on hitRECord.

    
    

    2. The Company reserves the right to (i) reject or revoke the right of any User to use any User name on hitRECord, or (ii) revise any User name used on hitRECord, in each case, at any time and for any or no reason. In addition, the Company does not permit Users to change their User name. If you impersonate another person or seek to give the false impression as to your true identity, then you are likely to not only lose the User name that you created for hitRECord but you will also be kicked off hitRECord.

    
    

12. Third-Party Sites, Products and Services; Links. hitRECord may include links or references to other web sites or services solely as a convenience to Users (“Third Party Sites”). The Company does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through hitRECord are solely between you and such advertiser. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

    
    

13. Termination.

    1. Termination by the Company. You agree that the Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of hitRECord and remove and discard all or any part of your account, User profile, and any RECords, at any time for any violation of the Company Terms. The Company may also in its sole discretion and at any time discontinue providing access to hitRECord, or any part thereof, with or without notice. You agree that any termination of your access to hitRECord or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company will not be liable to you or any third-party for any such termination. You should therefore make sure that you maintain backup copies of any RECords you Post to hitRECord. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit infringing activities on hitRECord, and will remove all RECords that are found to be infringing.

    
    

    2. Termination by you. Your only remedy with respect to any dissatisfaction with (i) hitRECord; (ii) any term of the Company Terms; (iii) any policy or practice of the Company in operating hitRECord; or (iv) any content or information transmitted through hitRECord, is to terminate these Terms and your account. You may terminate these Terms at any time by deleting your account with hitRECord and discontinuing use of any and all parts of hitRECord. To delete your account or request that the Company remove any of your RECords from hitRECord, send an e-mail to Support@hitRECord.org. The Company will use reasonable efforts to respond promptly to your request for termination or RECord removal, and will process your request in no event later than ninety (90) days following receipt of your e-mail. Your account will be deemed terminated upon the Company’s confirmation to you that your account has been deleted. Any termination of these Terms by you will be subject to Section 19(e) below.

14. Ownership of hitRECord; Credits and Title.

    1. The Company. hitRECord is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of hitRECord provided by the Company (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any RECords that are provided and owned by Users, all Materials contained on hitRECord are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors. The Company hereby grants you a non-exclusive, non-assignable, non-sublicensable and revocable license to access and use hitRECord in accordance with the Company Terms, subject to the Company’s right to terminate your right to use hitRECord in its sole discretion at any time and for any or no reason. Except as expressly authorized by the Company in writing, you agree not to sell, license, distribute, copy, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Company reserves all rights not expressly granted in these Terms, and there are no implied licenses granted by the Company to you or any third-party.

    
    

    2. Credits and Title. The Company may accord credits with respect to Final Products in its sole discretion, including, for avoidance of doubt, selecting the form, nature and placement thereof. Additionally, the Company reserves the sole and exclusive right to change the title of any Final Product, or to add a title if a Final Product is not titled. Users accordingly waive any and all rights with respect to receiving a credit in connection with a Final Product, and further acknowledge that they have no right to require a specific title with respect to a Final Product. Notwithstanding the foregoing, Artists will receive attribution with respect to Final Products in accordance with Section 8(c)(v) above.

    
    

15. Indemnification. You agree to indemnify, defend, and hold the Company, its affiliated companies, contractors, officers, directors, employees, shareholders, agents, and advisors, and its third-party suppliers, licensors, partners, licensees, sublicensees, successors and assigns (each, a “Company Party,” and collectively, the “Company Parties”) harmless from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of hitRECord, any violation by you of the Company Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Company Party if the Company has a good faith belief that you are unable or unwilling to adequately defend the Company Parties, and you agree to cooperate with the defense of these claims. The applicable Company Party will use reasonable efforts to notify you of any claim, action, or proceeding for which it is entitled to indemnification upon becoming aware of it. Notification to you via e-mail will be sufficient for notice pursuant to this paragraph and it is your responsibility to maintain a current e-mail address on file with the Company at all times. A Company Party’s inability to contact you via e-mail for any reason will not nullify your indemnification obligations under these Terms.

    
    

16. Disclaimers; No Warranties; Release.

    1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH RESPECT TO ALL RECORDS, FINAL PRODUCTS, AND MATERIALS MADE AVAILABLE ON OR THROUGH HITRECORD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY COMPANY PARTY OR THROUGH HITRECORD WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    
    

    2. “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF HITRECORD AND ALL RECORDS, FINAL PRODUCTS, AND MATERIALS IS AT YOUR SOLE RISK. HITRECORD, AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, RECORDS, FINAL PRODUCTS, MATERIALS, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH HITRECORD, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    
    

    3. Content. THE COMPANY PARTIES DO NOT WARRANT THAT THE DATA, SUBMISSIONS, FUNCTIONS, RECORDS, FINAL PRODUCTS, MATERIALS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH HITRECORD OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    
    

    4. Accuracy. THE COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF HITRECORD, RECORDS, FINAL PRODUCTS, MATERIALS OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

    
    

    5. Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, RECORDS, FINAL PRODUCTS OR DATA THROUGH HITRECORD (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

    
    

    6. Release. You agree not to hold any Company Party liable for the content, actions, or inactions of other Users of hitRECord, and you hereby release all Company Parties from any and all claims, demands, losses, liabilities, and damages, including, but not limited to, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more Users, including whether or not any Company Party becomes involved in any resolution or attempted resolution of the dispute. Any dispute you have with another User of hitRECord is to be resolved by you and such User in any forum with jurisdiction over such dispute, and you agree to indemnify any Company Party for any costs incurred by it if you involve such party in the dispute or any attempt to resolve such dispute.

    
    

17. Limitation of Liability and Damages.

    1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE HITRECORD OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH ANY COMPANY PARTY, EVEN IF THE COMPANY OR ANY OTHER COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    
    

    2. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT THE COMPANY WOULD NOT BE ABLE TO OFFER HITRECORD TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

    
    

    3. Limitation of Damages. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF HITRECORD OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAYABLE TO YOU BY THE COMPANY FOR ANY FINAL PRODUCT, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

    
    

    4. Third Party Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED THROUGH OR ADVERTISED ON HITRECORD OR RECEIVED THROUGH ANY THIRD PARTY SITES.

    
    

    5. Consumer End Users (Outside of the USA). This Section 17(e) applies only to Users residing and using hitRECord outside of the United States. The limitations or exclusions of warranties, remedies and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the United States). Accordingly, the limitations or exclusions of warranties, remedies and liability contained in these Terms apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

    
    

18. Dispute Resolution.

    1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND THE COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF HITRECORD. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of hitRECord, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Please visit www.adr.org for more information about arbitration.

    
    

    1. Exceptions. Notwithstanding Section 18.a above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either you or Company to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (4) to file suit in a court of law to address an intellectual property infringement claim.

    2. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to the Company, the Company may send you notice via any other method available to the Company, including via e-mail. The Notice to the Company should be addressed to: hitRECord.org LLC, c/o Wilson Sonsini Goodrich & Rosati, 1700 K Street, N.W., Fifth Floor, Washington, D.C. 20006, Attn: Gary R. Greenstein, Esq. (the “Arbitration Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (the “Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by the Company prior to selection of an arbitrator, the Company will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by the Company in settlement of the dispute prior to the arbitrator’s award; or (3) $15,000.

    3. Fees. If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance-based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

    
    

    3. No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

    
    

    3. Modifications to this Arbitration Provision. Except as otherwise provided in these Terms, if the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and the Company.

    
    

    3. Enforceability. If Section 18.a)iv) (No Class Actions) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void.

    
    

    2. Governing Law. These Terms and your use of the Service will be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and the Company under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you and the Company hereby submit to the personal jurisdiction and venue of these courts.

    
    

    3. Equitable Relief. The foregoing provisions of this Dispute Resolution Section do not apply to any claim in which the Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by the Company or any third-party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against the Company, including with respect to any RECords or Final Products, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.

    
    

    4. Claims. You and the Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or hitRECord, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    
    

    5. Improperly Filed Claims. All claims you bring against the Company must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution Section, the Company may recover attorneys’ fees and costs up to $5,000, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

    
    

19. Miscellaneous.

    1. Notice. The Company may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail or postings on hitRECord, and you agree to accept notices via e-mail as further described in Section 19(h) below. Notice will be deemed given twenty-four (24) hours after e-mail is sent, unless the Company is notified that the e-mail address is invalid, in which case you accept notice via any other means permitted by law. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through hitRECord or obtained through other lawful means. In such case, notice will be deemed given three days after the date of mailing. Notice posted on hitRECord is deemed given thirty (30) days following the initial posting.

    
    

    2. Rights Cumulative; No Waiver. Except as otherwise provided in these Terms, the rights and remedies provided in these Terms and all other rights and remedies available at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity. Neither asserting a right nor employing a remedy will preclude the concurrent assertion of any other right or employment of any other remedy. No failure or delay on the part of the Company in the exercise of any power or right under these Terms will operate as a waiver thereof. No single or partial exercise of any right or power under these Terms by the Company will operate as a waiver of such right or of any other right or power. The waiver by the Company of a breach of any provision of these Terms will not operate or be construed as a waiver of any other or subsequent breach of these Terms.

    
    

    3. Severability. If any provision of these Terms or any Guidelines are held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions of these Terms.

    
    

    4. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, excluding only your right to receive a Contributing Artist’s Share (as defined in the Monetized Final Product Terms) of a Contributing Artists’ Profit Pool (as defined in the Monetized Final Product Terms) for a Final Product, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms will be void. This Agreement will bind and inure to the benefit of your and the Company’s successors and permitted assigns.

    
    

    5. Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 8 through 19 of these Terms, the Monetized Final Product Terms and all Guidelines incorporated by reference into these Terms.
       

       
       

    6. Headings. The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or of any provision of these Terms, nor in any way affect the interpretation of these Terms.

    
    

    7. Entire Agreement. These Terms, the Privacy Policy, the Monetized Final Product Terms and all Guidelines constitute the entire agreement between you and the Company relating to the subject matter herein and supersede all prior or contemporaneous agreements or understandings between you and the Company with respect to such subject matter, subject to Section 5 of these Terms.

    
    

    8. Consent to Electronic Communications. By using hitRECord, you consent to receiving communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    
    

    9. Mobile Services. hitRECord will be accessible via your mobile devices (“Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of hitRECord and the related Mobile Services must be in accordance with the Company Terms.

    
    

    10. Apple Notice. You acknowledge that the Company Terms are between you and the Company only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Company Terms, and upon your acceptance of the Company Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Company Terms against you as a third party beneficiary. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If the Company provides a translation of the English language version of the Company Terms, then the translation is provided solely for convenience, and the English version shall prevail.

    
    

    11. Address. Our mailing address is:

    
    

    hitRECord.org LLC

    Attn: Matt Conley

    PO Box 250841

    Glendale, CA 91225

    
    

20. Open Source Software. The App contains certain open source software. Each item of open source software is subject to its own applicable license terms, which are set forth here.

    
    

    
    

    
    

    
    

    
    

    
    

    RECord Submission Guidelines

    
    

    All capitalized terms used but not otherwise defined in these RECord Submission Guidelines will have the meanings ascribed to them in the End User License Agreement and Terms of Service.

    
    

    A User may Post a RECord or provide a Non-RECord Contribution to hitRECord, provided that:

    
    

    1. Such RECord or Non-RECord Contribution complies with the Terms;

    
    

    2. Such RECord is owned by you, subject to third-party content licensed to you for and in a manner consistent with the grant of rights made by you to the Company and other Users in the Terms;

    
    

    3. Such RECord does not contain content prohibited by the Terms;

    
    

    4. Such RECord or Non-RECord Contribution does not require the Company to obtain any licenses, permissions, authorizations or consents from or pay any fees to any third-party, except as set forth in the Terms and Monetized Final Product Terms;

    
    

    5. Such RECord or Non-RECord Contribution does not include any material or elements that are subject to a collective bargaining agreement; and

    
    

    6. Such RECord or Non-RECord Contribution is in accordance with any other Guidelines that the Company may post to hitRECord from time-to-time.

    
    

    
    

    
    

    
    

    
    

    
    

    Digital Millennium Copyright Act Notification Guidelines

    
    

    All capitalized terms used but not otherwise defined in these Digital Millennium Copyright Act Notification Guidelines will have the meanings ascribed to them in the End User License Agreement and Terms of Service.

    
    

    1. Notification of Infringement. The Company respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through hitRECord. The Company’s intellectual property policy is to (a) remove material that the Company believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third-party by being made available through hitRECord; and (b) remove any RECords Posted to hitRECord by “repeat infringers.” The Company considers a “repeat infringer” to be any User that has Posted RECords to hitRECord and for whom the Company has received more than two (2) takedown notices compliant with the provisions of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512(c)) with respect to such RECords. The Company has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon the Company’s own determination.

    
    

    2. Procedure for Reporting Claimed Infringement. If you believe that any RECords or Final Product made available on or through hitRECord has been Used in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

    
    

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    
    

    2. Identification of the work claimed to have been infringed, or, if multiple works on hitRECord are covered by a single notification, a representative list of such works at that site;

    
    

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;

    
    

    4. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

    
    

    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and

    
    

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    
    

    If you are unsure whether the material available on hitRECord infringes your intellectual property rights, then we suggest that you contact an attorney before sending us a Notification of Claimed Infringement.

    
    

    Please note that the Company may, at our discretion, send a copy of any Notifications of Claimed Infringement that it receives to a third-party for publication. As such, your letter (with personal address information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You hereby agree to such disclosures by the Company.

    
    

    3. Counter-Notification. A User that Posted RECords to hitRECord that has been the subject of a Notification of Claimed Infringement may submit a counter notification upon the Company under Section 512(g)(3) of the United States Copyright Act, 17 U.S.C. § 512(g)(3). If you elect to send us a counter notice, then to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these requirements):

    
    

    1. A physical or electronic signature of the subscriber;

    
    

    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

    
    

    3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

    
    

    4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

    
    

    4. False Notifications of Claimed Infringement or Counter Notifications. The United States Copyright Act provides that:

    
    

    [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing; or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

    
    

    17 U.S.C. § 512(f).

    
    

    The Company reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

    
    

    5. Designated Copyright Agent. The Company’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

    
    

    Gary R. Greenstein, Esq.

    Wilson Sonsini Goodrich & Rosati

    1700 K Street, N.W., 5th Floor

    Washington, D.C. 20006

    (fax) (202)973-8899

    
    

    E-mail: copyright@hitRECord.org

    
    

    For clarity, only DMCA notices should go to the Company Designated Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Company through Support@hitRECord.org. You acknowledge that if you fail to comply with all of the requirements of this section, then your DMCA notice may not be valid.

    
    

    hitRECord Privacy Policy

    Last Modified: June 8, 2018

    View our previous Privacy Policy (posted: June 7, 2013 and January 13, 2016)

    
    

    Welcome to the hitRECord.org LLC (“Company” or “we”) web site, related mobile application (“App”) and any other online services or properties owned or controlled by the Company (collectively, “hitRECord”). The Company values the privacy of its Users. We know you care about how information is collected about you on the Internet and via mobile devices and we believe it is important for you to understand how we use, collect, and protect information that we obtain about you from your use of and interactions with hitRECord.

    
    

    This Privacy Policy is incorporated by reference into and made a part of the Company End User License Agreement and Terms of Service (the “Terms”). Capitalized terms used in this Privacy Policy will have the meanings set forth in this Privacy Policy, the Terms or the Terms for Including RECords and Non-RECord Contributions for Monetized Final Products (“Monetized Final Product Terms”).

    
    

    This Privacy Policy explains how we:

    Collect,

    Use, and

    Disclose

    
    

    information we gather from you, how we use that information, and when and under what conditions we will disclose that information.

    By using hitRECord (whether or not you are a registered User), you expressly consent to the information handling practices described in this Privacy Policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, then you should not use hitRECord.

    
    

    “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

    By using hitRECord, you authorize the Company to gather, parse, and retain data related to the operation of hitRECord and collect, use and disclose information as described in this Privacy Policy.

    
    

    1. THE INFORMATION THE COMPANY COLLECTS:

    
    

    The Company collects Personal Information: when you register; during use; and when you communicate with us. hitRECord also collects information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use hitRECord.

    
    

    Personal Information Collection. You must register an account with us to Post RECords to hitRECord. During registration, you may disclose Personal Information, such as a user name, e-mail address, personal website, and photograph.

    
    

    Using hitRECord. hitRECord also collects information from you if you are a Contributing Artist. For example, if you contribute a RECord that is used in a Final Product and are entitled to a share of the Contributing Artists’ Profit Pool, then we may need to obtain additional information from you, such as your taxpayer identification number, in order to pay you a share of Profits.

    Making Payments. When you make purchases through the store on hitRECord, you may need to provide Personal Information to our third-party service providers, such as your name, billing address, and credit card number.

    
    

    Customer Support. We may collect Personal Information through your communications with our customer support team.

    
    

    Cookies, Automatic Data Collection, and Related Technologies. hitRECord collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

    
    

    When you use hitRECord, we and our third-party service providers, including analytic service providers, receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block and delete cookies. However, if you do that, then hitRECord may not work properly. You can usually find out information about how to delete cookies on your browser through a “help” menu.

    
    

    Analytics Services. We use third-party tools to collect and aggregate anonymous information about how users interact with hitRECord by their use of cookies, web beacons, and other technologies, and we use this aggregated information to adapt, modify and/or improve hitRECord for the benefit of our users. If you do not wish to have these tools collect anonymous information about your activities on hitRECord, then you should not use hitRECord.

    
    

    2. THE WAY THE COMPANY USES INFORMATION:

    
    

    The Company uses the information it collects through hitRECord, including Personal Information, to: analyze usage of hitRECord; facilitate and improve hitRECord; and communicate with you, including for the purposes of distributing Profits.

    
    

    Analysis. We collect information on the usage of hitRECord to study the way in which Users and Artists engage with RECords, Final Products, the store on hitRECord, and other functionalities of hitRECord. For example, we may monitor engagement by category of RECord, the most prolific Artists, popular topics, and the like.

    
    

    Improvements. We use information about Users of hitRECord to facilitate the offerings and operations of hitRECord and to improve hitRECord. This could include offering new functionalities, changing the User experience, and updating functionalities.

    
    

    Communication. We may send e-mail to the e-mail address you provide if you become a registered User in order to verify your account, to communicate with you about a RECord, Final Product, solicited or commissioned project, purchase or other engagement with hitRECord. We may also communicate with you for account management, customer service, system maintenance purposes, to ensure clearance of a RECord for use (e.g. TV broadcast), or to determine the originality of a RECord. We may also communicate with you regarding changes to hitRECord functionality, our Terms, the Monetized Final Product Terms, the Privacy Policy, allocations of Contributing Artists’ Profit Pools, distributions or delays in distributions of Profits, and the like. By using hitRECord, you hereby agree to accept communications from us, including via e-mail.

    
    

    3. WHEN THE COMPANY DISCLOSES INFORMATION:

    
    

    The Company may share your information, including Personal Information: to our employees, contractors, and advisors; with third-party service providers; to comply with legal obligations; to protect and defend our rights and property or the safety of other Users; and with your permission.

    
    

    Internal Disclosures. The Company relies upon its employees, directors, and advisors for the operation of hitRECord. Those individuals with a need to know for the purposes of providing their services to the Company may have access to aggregated and Personal Information. These individuals may only use User information for the purposes of providing services to the Company and for no other purpose.

    
    

    Aggregated Information. The Company discloses automatically collected and other aggregate, non-personally identifiable information with third parties for understanding the usage, viewing, and demographic patterns for certain programs, content, and services of hitRECord. We may use such aggregate information to help us monetize a Final Product or for other purposes.

    
    

    We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of hitRECord. This means that third parties that we rely upon for the operation, maintenance, and improvement of hitRECord may have access to User information, including Personal Information. These third parties may only use User information for the purposes of providing services to the Company and for no other purpose.

    
    

    Displaying to Other Users. When you Post content to hitRECord, including RECords and comments, certain Personal Information about you, such as your user name, identifying photo, and Profile Content may – and likely will be – displayed on hitRECord. Other more sensitive Personal Information, such as your postal address, e-mail address, phone number, or any taxpayer identification information, will NOT be displayed on hitRECord. Other Users of hitRECord, including Users who come to hitRECord via a link posted on a third party website, including Third Party Sites, will have access to the publicly displayed information. We are not responsible for privacy practices of the other Users who will view and use the posted information you choose to make available on or through hitRECord. You should therefore be mindful of these types of disclosures when selecting a User name or choosing the photograph to use with your account.

    
    

    Contributing Artists’ Profit Pools. If you are a Contributing Artist and a RECord or Non-RECord Contribution you have Posted to hitRECord is included within a monetized Final Product, then we will post your User name, your Contributing Artist’s Share, and the amount of money due you when making disclosures about monetized Final Products, whether for the purposes of establishing the Contributing Artist’s Shares in the Contributing Artists’ Profit Pool or when documenting allocations of the Contributing Artists’ Profit Pool. If you associate other information with your User name on hitRECord, then people reviewing the Contributing Artist’s Shares for a Final Product may be able to learn additional information about you beyond your User name. If you do not wish to have your User name (and any information that can be gleaned from your User name) and Contributing Artist’s Share disclosed, then you should not contribute a RECord or provide a Non-RECord Contribution to hitRECord.

    
    

    As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our or others’ rights, property, interests, including with respect to intellectual property, or safety.

    
    

    Merger, Sale, or Other Asset Transfers. Although we have no present intention to sell the Company to a third party, take the Company public, go into bankruptcy or surrender control of the Company, it is always possible that future circumstances may change and result in a change in control, merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale assets, or transition of hitRECord to another provider. In such an event, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract, and you hereby authorize such transfer in the event of any of the foregoing. The use of your Personal Information following any of the foregoing events will be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

    
    

    With Consent. We may also disclose your Personal Information with your permission.

    
    

    4. YOUR CHOICES:

    
    

    Abstaining from Disclosing Personal Information. You may, of course, decline to share Personal Information with the Company, in which case the Company will not be able to provide to you some of the features and functionality found on hitRECord. For example, absent Personal Information, you cannot Post a RECord, provide a Non-RECord Contribution or receive any share of Profits from a monetized Final Product.

    
    

    Correcting or Deleting Personal Information. If you register an account with the Company, then you may update, correct, or delete your profile information and preferences as described in the Terms by emailing us at Support@hitRECord.org.

    
    

    5. THIRD-PARTY ADVERTISERS, LINKS TO OTHER SITES:

    
    

    Certain portions of hitRECord may be linked to Internet websites operated by other companies, such as our payment processors. Some of these websites may be co-branded with our name or logo, even though they are not operated or maintained by us. You should consult the respective privacy policies of these Third Party Sites. The Company’s Privacy Policy does not apply to, and we cannot control the activities of, such Third Party Sites. Please be aware that the Company does not warn you when you have chosen to link through to another website from hitRECord.

    
    

    6. OUR COMMITMENT TO CHILDREN'S PRIVACY:

    
    

    We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

    
    

    We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of hitRECord is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, then you may alert us at Support@hitRECord.org. If we learn that we have collected any Personal Information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account.

    
    

    7. SECURITY OF YOUR INFORMATION:

    
    

    Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to the Company, including your Personal Information. We do not accept liability for unintentional disclosure. Do not share any information on or through hitRECord if you are concerned about the unauthorized access to such information by a third party.

    
    

    By using hitRECord or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of hitRECord. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on hitRECord or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at Support@hitRECord.org.

    
    

    8. INTERNATIONAL USERS:

    
    

    By using hitRECord, you will transfer data to the United States.

    
    

    By choosing to visit hitRECord or otherwise provide information to the Company, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California and the dispute resolution provisions set forth in the Terms.

    
    

    If you are visiting from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

    
    

    If you wish to withdraw your consent for the use and sharing of your Personal Information pursuant to this Privacy Policy, then you will need to terminate your account and cease all use of hitRECord. You can deactivate your account by sending an e-mail to Support@hitRECord.org.

    
    

    9. CHANGES TO OUR PRIVACY POLICY AND PRACTICES:

    
    

    We may revise this Privacy Policy, so review it periodically.

    
    

    Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on hitRECord, and the revised version will be effective when it is posted unless otherwise specified as set forth at the top of this Privacy Policy. If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically. This may mean checking the provisions of this Privacy Policy each time you Post a new RECord.

    
    

    You are responsible for ensuring your continued acceptance of this Privacy Policy, and your continued use of hitRECord following a change in the Privacy Policy will subject your use of hitRECord following any such change to the new provisions of this Privacy Policy.

    
    

    New Uses of Personal Information. From time-to-time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

    
    

    10. THE COMPANY’S CONTACT INFORMATION:

    
    

    Please contact the Company with any questions, suggestions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, your consent choices, hitRECord or any other topic by email at Support@hitRECord.org or by mail at:

    
    

    hitRECord.org LLC

    c/o Matt Conley

    PO Box 250841

    Glendale, CA 91225

    
    

    hitRECord Terms for Including RECords and non-RECord Contributions for Monetized Final Products

    
    
    

    Last Modified: June 7, 2018

    View our previous Terms for Including RECords for Monetized Productions (posted: January 13, 2016 and February 28, 2017)

    
    
    

    All capitalized terms used but not otherwise defined in these Terms for Including RECords and Non-RECord Contributions for Monetized Final Products (“Monetized Final Product Terms”) have the meanings ascribed to them in the hitRECord.org LLC (“Company”) End User License Agreement and Terms of Service (“Terms”).

    1. Notice of Selecting a Final Product and Grant in Contributing Artist’s Profit Pool.
       
       
       

       1. Process.
          
          
          

          1. Contributing Artists Defined. If you have Posted a RECord or made a Non-RECord Contribution to hitRECord and the Operating Committee (defined below) selects it to be included in a Final Product to be commercialized in accordance with the rights granted in the Terms, then you will be deemed a “Contributing Artist” for that Final Product. The Company will notify you of its selection via electronic mail to the address associated with your account. For avoidance of doubt, (1) the Company will have the right to modify and edit any RECord, and it is only the final version of a RECord that the Company designates and distributes as a “Final Product” that will be commercialized; and (2) only Contributing Artists whose RECords or Non-RECord Contributions are part of a Final Product will be eligible, pursuant to these Monetized Final Product Terms, for compensation resulting from the commercial exploitation of that Final Product.
             
             
             

          2. Contributing Artist Shares. If any RECord or Non-RECord Contribution you have Posted or provided to hitRECord is part of a Final Product that has been distributed, commercialized, and generated Profits (or, in the Operating Committee’s determination, other tangible benefits) for a Contributing Artists’ Profit Pool (defined below), then the Company will notify you via electronic mail to the address associated with your account of the Contributing Artist’s Share (defined below) that has been conditionally granted to you following monetization. We say conditionally because you are not entitled to any allocation of a Contributing Artists’ Profit Pool unless you meet the requirements for a Participating Contributing Artist, as defined in Section 2.a.i below. As set forth in the Terms, you are welcome to comment on the Contributing Artist’s Share that you and others have been conditionally allocated within the Contributing Artists’ Profit Pool (e.g., make a case for a different percentage, notify the Operating Committee of any omissions in attributions to your RECords, etc.) for a Final Product, provided that the Company may accept or reject any different allocations suggested in any comments and change the allocation of the Contributing Artists’ Profit Pool among all Contributing Artists for a Final Product in its sole discretion and at any time during the period in which the Company specifies for the determination of the Contributing Artists’ Profit Pool, which in no case will be less than two (2) weeks from the date that the Company first notifies the Contributing Artists for a Final Product of their respective Contributing Artist Shares. The date on which the Operating Committee finalizes the Contributing Artists’ Profit Pool is the “Allocation Date.”
             
             
             

    2. Allocating Contributing Artists’ Profit Pool.
       
       
       

       1. Eligibility.
          
          
          

          1. Each Contributing Artist to a Final Product will be deemed a “Participating Contributing Artist” and will share in an applicable Contributing Artists’ Profit Pool provided he/she:

             1. has accepted the Terms;

             2. complied with the Submission Guidelines;

             3. Posted a RECord or made a Non-RECord Contribution to hitRECord that is included in a Final Product; and

             4. Provided sufficient identifying information to enable the Company to pay him or her before the close of the period specified in Section 1.a.ii, which at a minimum includes full legal name, valid physical address, and any tax information required by applicable law (“Requisite Payment Information”).

          2. Employees, contractors, board members or other personnel of the Company and its affiliates (“hitRECord Personnel”) are not eligible to receive any distribution of funds from a Contributing Artists’ Profit Pool. If a RECord or Non-RECord Contribution of hitRECord Personnel is used in a Final Product, shares of the applicable Contributing Artists’ Profit Pool may be allocated to such hitRECord Personnel based upon the determined relative contributions of such hitRECord Personnel, but any dollar amounts related to these shares will be reallocated pro rata within that Contributing Artists’ Profit Pool to the eligible non-hitRECord Personnel Participating Contributing Artists. (See “Reallocating” in (c)(iv) below for more information on the reallocation process.) For the avoidance of doubt, should any hitRECord Personnel cease to be an employee or contractor of the Company or its affiliates, they would again be eligible for the purposes of receiving a distribution of funds related to a Contributing Artists’ Profit Pool to which they contributed before or after, but not during, their employment or contracting service with the Company or its affiliates.

       2. Overall Profit Pool Available to Contributing Artists.

          1. Contributing Artists’ Profit Pool.

             1. The “Contributing Artists’ Profit Pool” from a Final Product will mean:

                1. fifty percent (50%) of the Profits (defined below) from a Final Product that has been distributed and commercialized, if any, and

                2. any amount the Company allocates to Contributing Artists for:

                   1. products sold or licensed, or tangible expressions that serve as an inspiration for the sale or licensing of a derivative work of a product to third parties for distribution (e.g. on any form of linear or on-demand television), or

                   2. amounts negotiated by the Company for allocation to Contributing Artists as part of a line item in an approved budget for any usage of the Final Product.

                   3. Subparts (i) and (ii) of this Section 2(b)(i)(1)(b) are the “Discretionary Profit Pool”.

             2. Retained Profits. The Company will retain the remaining 50% of the Profits, if any, in the case of Section 2(b)(i)(1)(a), and any proceeds the Company receives from any third party, such as a television distribution partner, whether directly or indirect, minus the Discretionary Profit Pool, in the case of Section 2(b)(i)(1)(b) (the “Retained Profits”). Because there are unlikely to be Profits for many distributed Final Products due to the high cost of production (e.g. for television), the Company will seek to obtain amounts for the Discretionary Profit Pool through negotiations with distribution partners. This may include specific, budgeted line item amounts that will be dedicated entirely to Contributing Artists or specific fees for the Use (as defined below) of a Final Product, whether alone or as part of a larger work. These amounts are likely to vary over time and be subject to the vagaries of arm’s length, free market negotiations.

             3. Identification of Discretionary Profit Pool. The Company will identify the Discretionary Profit Pool for each Final Product on hitRECord.

       3. Allocations of Participation within Contributing Artists’ Profit Pool.

          1. Participating Contributing Artists for a Final Product will be entitled to a share of the Contributing Artists’ Profit Pool as the Operating Committee will award in its sole discretion. The Operating Committee will make its determinations following the acceptance of feedback from the hitRECord community of Users. The comment period will be open for not less than two (2) weeks but may be kept open for longer periods in the Company’s sole discretion. The Company will identify the duration of the comment period for a Final Product when it first notifies the Participating Contributing Artists to that Final Product, subject to any extensions identified in the immediately preceding sentence.

          2. Notwithstanding any other provision of these Monetization Terms, if one or more Contributing Artists for a Final Product have failed to provide the Company the Requisite Payment Information by the Allocation Date (an “Unpayable Contributing Artist”), then any conditional allocation made to those Unpayable Contributing Artist(s) will be set aside until the earlier of (i) the date on which he or she provides the Requisite Payment Information, or (ii) the third anniversary of the Allocation Date. If those Unpayable Contributing Artist(s) do not provide the Requisite Payment Information by the third anniversary of the Allocation Date, then any conditional allocation made to those Unpayable Contributing Artist(s) will be deemed null and void and the Company will retain that conditional amount for use in paying contributors in future community projects.

          3. The share of the Contributing Artists’ Profit Pool awarded to a Participating Contributing Artist will be the “Participating Contributing Artist’s Share.” For purposes of illustration only, if there are 10 Artists designated as Participating Contributing Artists for a Final Product, then the Operating Committee will allocate 100% of the Contributing Artists’ Profit Pool among those 10 Participating Contributing Artists, which allocation could be made equally among all 10 Participating Contributing Artists or in any other manner as the Operating Committee may select on a case-by-case and Final Product-by-Final Product basis in its sole discretion. Accordingly, if Artist A is awarded a Participating Contributing Artist’s Share of 10% and Artist B is awarded a Participating Contributing Artist’s Share of 25% and the applicable Contributing Artists’ Profit Pool is $10,000, then Artist A would receive $1,000 and Artist B would receive $2,500, upon distribution of the Contributing Artists’ Profit Pool. The dollar amount of the Contributing Artists’ Profit Pool allocated to a Participating Contributing Artist for a Final Product is the “Distributable Contributing Artist Profits.” The Distributable Contributing Artist Profits represent the full amount that is payable to a Participating Contributing Artist.

          4. Subsequent to allocation and prior to distribution, any shares of the Contributing Artists’ Profit Pool awarded to Participating Contributing Artists who are hitRECord Personnel will be Reallocated back to the remaining eligible non-hitRECord Personnel Participating Contributing Artists within that Contributing Artists’ Profit Pool. For purposes of illustration only, if (1) a Contributing Artists’ Profit Pool is $10,000, (2) Artists A, B, C, D, and E are each allocated 20% or $2,000, and (3) Artist A is a Company employee, then Artist A’s $2,000 will be Reallocated back to the Contributing Artists’ Profit Pool and Artists B-E will each receive 25% or $2,500.

       4. When Contributing Artists’ Profit Pool is Set and Paid.

          1. The Contributing Artists’ Profit Pool will be calculated semi-annually for each Final Product that is distributed and commercially exploited during that semi-annual period, and the Company will use commercially reasonable efforts to make available to each Participating Contributing Artist for that Final Product a statement (the “Contributing Artist Semi-Annual Statement”) setting forth the calculation of the Contributing Artists’ Profit Pool for that Final Product and his/her applicable Participating Contributing Artist’s Share, if any. The two semi-annual periods will be the calendar months (1) January through June; and (2) July through December (each a “Semi-Annual Period”). Except as provided for below, a Contributing Artist Semi-Annual Statement will be made available to a Contributing Artist for a Final Product within one hundred eighty (180) days following the end of each Semi-Annual Period provided the Final Product was commercially exploited during that Semi-Annual Period.

          2. Public Disclosures of Contributing Artist Payments. PLEASE NOTE THAT ALL CONTRIBUTING ARTIST SEMI-ANNUAL STATEMENTS ARE MADE PUBLICLY AVAILABLE ON HITRECORD. WE MAKE ALL DISCLOSURES PUBLICLY AVAILABLE IN AN EFFORT TO PROVIDE FULL TRANSPARENCY TO ALL ARTISTS, CONTRIBUTING ARTISTS, PARTICIPATING CONTRIBUTING ARTISTS, USERS, AND THE GENERAL PUBLIC.IF YOU DO NOT WISH TO HAVE YOUR USERNAME AND THE AMOUNTS YOU HAVE BEEN PAID BY THE COMPANY MADE PUBLIC, THEN YOU SHOULD NOT CONTRIBUTE A RECORD TO HITRECORD.

          3. Please see our Privacy Policy for more information about how information about you may be shared or disclosed to third parties.

          4. Minimum Balance Requirements. Distributions of a Contributing Artists’ Profit Pool for a Final Product will not be payable until the minimum balance of the Contributing Artists’ Profit Pool is equal to or greater than Five Hundred Dollars ($500.00) (the “Minimum Profit Pool Balance”). Once the Minimum Profit Pool Balance is achieved, all Participating Contributing Artists for that Final Product will be eligible for a distribution equal to their Participating Contributing Artist’s Share; provided, however, that no Contributing Artist will be entitled to receive payment of his/her Participating Contributing Artist’s Share until he/she is owed at least Five Dollars ($5.00) in Distributable Contributing Artist Profits (the “Minimum Distribution Balance”). We have to impose this limit so that the cost of distributing the Contributing Artist Profit Pool does not consume Distributable Contributing Artist Profits.

          5. Payment Procedure. Payments due Participating Contributing Artists pursuant to this paragraph will, except as provided for below, be due within one hundred eighty (180) days following the end of each Semi-Annual Period in which such balance thresholds have been achieved. All payments will be made in U.S. currency unless the Company elects, in its sole discretion, to make payments in other currencies. If the Company elects to make payments in other currencies, then the Participating Contributing Artist to whom the non-U.S. currency payment is made will bear any and all currency conversion costs.

          6. Minimum Balance Carryforwards. If a Minimum Profit Pool Balance for a Final Product or a Minimum Distribution Balance for a Participating Contributing Artist is not achieved for a Semi-Annual Period, then that Minimum Profit Pool Balance or Minimum Distribution Balance, as the case may be, will be carried over to successive Semi-Annual Periods until such Minimum Profit Pool Balance or Minimum Distribution Balance, as the case may be, is achieved.

          7. Discretion to Distribute Sub-Minimum Balances. The Company reserves the right to distribute any amounts allocated to a Participating Contributing Artist even if the Minimum Distribution Balance for that Participating Contributing Artist has not been achieved. For example, the Company may choose to make a distribution to a Participating Contributing Artist who has had a balance under the Minimum Distribution Balance for a period of more than eight (8) calendar quarters. These payments, if made, are entirely discretionary and no Participating Contributing Artist will have a right to receive a distribution of Distributable Contributing Artist Profits until a Minimum Distribution Balance is achieved.

          8. Offsets and Reimbursements for Overpayments. If the Company overpays a Participating Contributing Artist for any Final Product, then the Company may offset the amount of its overpayment from any future payments due to that Participating Contributing Artist, whether from the same Final Product or a different Final Product. If the Company overpays you by more than $1,000.00, then the Company has the right to demand a reimbursement from you, and you agree to reimburse the Company within thirty (30) days of receipt of the Company’s reimbursement request. The Company may make a request to you via electronic mail and you agree to accept communications via electronic mail. If an e-mail does not bounce back upon delivery, then you will be deemed to have received such e-mail one (1) business day following the transmission of that e-mail to you.

          9. Preparation of Participating Contributing Artist Semi-Annual Statements; No Contest Rights. The Company will prepare Participating Contributing Artist Semi-Annual Statements in good faith, and the calculation of the Contributing Artists’ Profit Pool will be final, uncontestable, and apply to all Participating Contributing Artists participating therein. You are not permitted to contest a Participating Contributing Artist Semi-Annual Statement or your Participating Contributing Artist’s Share, but you are always permitted to communicate with the Company during any comment period to suggest new allocations for the Contributing Artists’ Profit Pool for a Final Product. You acknowledge and agree that the Company is only able to offer Participating Contributing Artists participation in Distributable Contributing Artist Profits on these terms and conditions and that permitting Participating Contributing Artists to contest allocations and payment amounts would be unduly burdensome and expensive for the Company.

          10. Delays in Distributions. Each Participating Contributing Artist acknowledges and agrees that the Company is a small, start-up company and that distributing Distributable Contributing Artist Profits to Participating Contributing Artists can be labor intensive, time consuming, and expensive. We also want to make sure we get it right – which, in and of itself, is a difficult and time-consuming process. Each Participating Contributing Artist therefore agrees that the Company may suspend a distribution of Distributable Contributing Artist Profits for up to two Semi-Annual Periods if the Company is not reasonably capable, in light of its then-current resources, of making a timely distribution. A determination of reasonable capability will be made, if ever, in the sole discretion of the board of directors of the Company. Any temporary suspension of distributions pursuant to this Section 2(d)(x) will result simply in a temporary carryforward of any Distributable Contributing Artist Profits account balances, which will eventually be distributed to you in accordance with these Monetized Final Product Terms. In the event the Company delays the distribution of Distributable Contributing Artist Profits pursuant to this Section 2(d)(x), the Company will notify the Participating Contributing Artists allocated a portion of the Distributable Contributing Artist Profits subject to delay by electronic mail to the e-mail address associated with each such Contributing Artist’s account, and each Contributing Artist hereby consents to receive such notification via electronic mail. hitRECord may also provide notice by posting a message on hitRECord, such notice to be in addition to – and not a substitute for – notice by e-mail.

          11. Right to Donate. The Company reserves the right, but is under no obligation, to enable Participating Contributing Artists to donate payments that would otherwise be distributed to the Participating Contributing Artists in part or in whole to a designated 501(c)(3) charitable organization (a “Designated Charity”). If offered, in each instance the Participating Contributing Artist must affirmatively designate this choice via site pop-up or other selection tool, and in so doing waives any right to accept and receive Distributions related to periods for which such selection is made. After a Participating Contributing Artist elects to make a donation, the Company will pay donated amounts to the Designated Charity in lieu of making a payment to the Participating Contributing Artist, and any obligation to pay such amounts to the Participating Contributing Artist is extinguished. Participating Contributing Artists in the U.S. who make the choice to donate will not receive an IRS form 1099 reflecting donated amounts. Although uncommon, it is the responsibility of any affected US taxpayer on an accrual basis (vs. the cash basis) to ensure any income is properly declared and offset. Non-US taxpayers retain any and all related obligations for tax impacts in their jurisdiction in regard to donations of a Participating Contributing Artist’s Share.

       5. Definitions.

          1. “Adjusted Gross Revenues” means Gross Receipts minus Permitted Deductions.

          2. “Gross Receipts” means all revenues actually received by the Company directly from the publication, distribution, transmission, performance, merchandising, and any other use (collectively “Use”) of a Final Product in any and all media, whether now known or hereafter created, throughout the world, excluding only amounts received by the Company that are otherwise accounted for as contributions to the Discretionary Profit Pool (e.g., a $50,000 per television episode budget line item allocable exclusively to Contributing Artists). For the avoidance of doubt, a Discretionary Profit Pool amount will be allocated directly to Participating Contributing Artists and will not be subject to a 50/50 split with the Company.

          3. “Operating Committee” means the member or members of the committee that the Company designates, in its sole and absolute discretion, to determine the allocation of the Contributing Artists’ Profit Pool for a Final Product among the Participating Contributing Artists for that Final Product. The Company may create multiple Operating Committees and change the composition of Operating Committees at any time in its sole discretion and without notice to You. You acknowledge and agree that an Operating Committee may be comprised of only one individual.

          4. “Permitted Deductions” will mean and include any and all costs incurred or borne by the Company or its permitted distributors (each, a “Distributor” and, collectively, the “Distributors” ) in connection with the Use of a Final Product, including, by way of example and not limitation, the following costs and expenses, whether incurred by the Company, the Distributor of a Final Product or any third party acting on behalf of the Company or a Distributor:

             1. any and all customary distribution fees;

             2. the direct costs and expenses of distribution and administration throughout the world (including, without limitation, customary costs such as prints, advertising, dubbing and subtitling, and dues and assessments), and all other costs and expenses which Distributor or any third party distributor may be authorized or permitted to deduct and retain under and pursuant to the terms of any distribution agreement with any Distributors of the Productions;

             3. any production costs incurred by a Distributor to modify, edit, or complete a Final Product, which Distributor in its good faith judgment elects to incur in order to maximize the receipts, distribution, and Use of a Final Product;

             4. with respect to any online advertising, any agency or sales commissions, refunds to advertisers, and fees charged by third party syndication partners;

             5. all sums paid or payable to any actor, writer, producer, manufacturer of sound recording and producing equipment, composer, lyricist, musician, guild, union, labor organization or trustees of any thereof pursuant to the terms of any collective bargaining agreement or otherwise, or any collection society or organization;

             6. any and all other sums expended, or liabilities incurred, directly in connection with the exhibition, distribution, marketing, and Use of the Final Product, including, but not limited to, any use, re-use , sales, VAT or other taxes; and

             7. bad debts.

    Notwithstanding the foregoing examples listed in subsections (1) through (7) above of this Section 2.e.iv, the methodology of calculating and applying deductions is intended to permit the deduction of costs and expenses of distributing and exploiting Final Products only from corresponding gross revenues or, in the case of costs and expenditures allocable to more than one Final Product, in such manner as Company determines in its sole good faith discretion between or among Final Products and, accordingly, no “double deductions” will be taken; provided, however, that in the instance of sub-distribution, both the Distributor and sub-distributor will be entitled to take customary fees. For illustrative purposes only, if a third-party Distributor deducts costs of prints and advertising from the receipts that are tendered to the Company as Gross Receipts, then the Company will not separately deduct such costs and expenses in calculating Adjusted Gross Revenues.

    5. “Profits” will mean 100% of the Adjusted Gross Revenues.

    
    

    OPEN SOURCE SOFTWARE NOTICES

    The mobile application (“App”) offered by hitRECord.org LLC may include open source software as further described below.

    
    

    The App may include the following open source software: CHTCollectionViewWaterfallLayout. This software is governed by the following license:

    
    

    Copyright (c) 2012 Nelson Tai

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: sendgrid-objc. This software is governed by the following license:

    
    

    Copyright (c) 2013-2014 SendGrid

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: FLAnimatedImage. This software is governed by the following license:

    
    

    The MIT License (MIT) Copyright (c) 2014-2016 Flipboard

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: aws-sdk-ios. This software is governed by the following license:

    
    

    Copyright 2014 Amazon.com, Inc. or its affiliates. All rights reserved.

    
    

    The AWS Mobile SDK for iOS is generally licensed under the Apache 2.0 License (the "License"), with the Amazon Cognito Identity Provider and Amazon Cognito Sync subcomponents being licensed under the Amazon Software License and the AWSLex/Bluefront folder under the AWS Customer Agreement (https://aws.amazon.com/agreement; you may not use this file except in compliance with the License. This software is governed by the following license:

    
    

    Apache License
    
    Version 2.0, January 2004
    
    http://www.apache.org/licenses/

    
    

    The App may include the following open source software: Swift-ActionCableClient. This software is governed by the following license:

    
    

    Copyright (c) 2016 Daniel Rhodes rhodes.daniel@gmail.com

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: Alamofire. This software is governed by the following license:

    
    

    Copyright (c) 2014-2018

    
    

    Alamofire Software Foundation (http://alamofire.org/)

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: facebook-ios-sdk. This software is governed by the following license:

    
    

    Copyright (c) 2014-present, Facebook, Inc. All rights reserved.

    
    

    You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook. As with any software that integrates with the Facebook platform, your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: firebase-ios-sdk. This software is governed by the following license:

    
    

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    
    

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    
    

    The App may include the following open source software: google-services. This software is governed by the following license:

    
    

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at:

    
    

    http://www.apache.org/licenses/LICENSE-2.0

    
    

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    
    

    The App may include the following open source software: SwiftyJSON. This software is governed by the following license:

    
    

    The MIT License (MIT) Copyright (c) 2017 Ruoyu Fu

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: SwiftyUserDefaults. This software is governed by the following license:

    
    

    The MIT License (MIT) Copyright (c) 2015-2018 Radosław Pietruszewski, Łukasz Mróz

    
    

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    
    

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    
    

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    
    

    The App may include the following open source software: twitter-kit-ios. This software is governed by the following license:

    
    

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.

    
    

    You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    
    

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    
    

    
    

    Summary of Key Changes

    
    

    hitRECord.org LLC

    Summary of Changes to Online Documents

    June 7, 2018

    
    

    Hi everyone. As you know, we have been working to make our business and profit practices more simple, efficient and transparent. As part of that effort, we have updated the documents below to generally improve our ability to pay a wider group of artists and provide additional rights:

    • End User License Agreement (“EULA”) and Terms of Service (“TOS”)
    • “Monetization Terms” (officially called “Terms for Including RECord and non-RECord Contributions for Monetized Final Products”)
    • Privacy Policy
    • Open Source Files

      
      

      Although there is no substitute for reviewing these documents, below we explain new or noteworthy updates or clarifications that we made. Please refer to each of the four documents above if anything in this summary is unclear. In order to continue using hitRECord, you will have to agree to all of the terms in our updated Terms of Use, Privacy Policy, Monetization Terms and Open Source Files, so make sure you are comfortable with all of those documents.

      
      

      Some key changes include:

      
      

      EULA/TOS:

      • We changed the name of the term or phrases that we monetize from “Production” to “Final Product” so as to avoid confusion with terms used on the site such as “putting a project into production”

      • We created the term “Non-RECord Contribution” to make explicit our ability to pay artists who contribute project management or producing, curating or other similar services to projects that are paid

      • We added an example of RECords you may wish NOT to contribute and why

      • We clarified that we do not allow changes of user name

      • We revised the Dispute Resolution provision so that, among other things:

        • (i) it permits you to seek redress in small claims court, before government agencies (where available), for injunctive relief in aid of arbitration, and for intellectual property infringement;

        • (ii) in the event you are successful in any claim against hitRECord in any arbitration, hitRECord will pay you the highest of the amount awarded by an arbitrator, the last written settlement amount offered by hitRECord prior to the arbitrator’s award, or $15,000;

        • (iii) hitRECord reimburses your filing fees for arbitration fees if your claim is for $15,000 or less; and

        • (iv) the Arbitrator is prevented from combining your case with other cases.

      
      

      Monetization Policy

      • We have made employees, contractors and board members ineligible to receive monetary distributions from Profits so as to avoid any appearance of a conflict of interest.

      • We have clarified that any shares attributed to employees, contractors or board members will be re-allocated to eligible artists participating in a related profit pool

      • In the definition of Contributing Artists Profit Pool, we have clarified our ability to pay the original work upon which a commercialized product is based in cases where that original work was not monetized directly. For example, we would be able to pay a teaser that became a HitRECord TV show if that TV show did not contain the original teaser or its creators.

      • We have clarified the Company’s ability to allow you to donate your profits to a 501(c)(3) charity

      
      

      Privacy Policy

      • We clarified our right to contact you to confirm or determine the originality of a RECord you contributed, or to clear it for broadcast

      
      

      Open Source Files:

      • We added a number of new files used in the site or apps

      Please note that this summary is not meant to be a complete summary of all changes made, so please be sure to read all of those documents!

      
      

      And, as always, thank you for being a member of the HITRECORD community!