The HitRECord Accord
By becoming a member of hitRECord.org you
agree to the following main principles:
- The RECords you upload are your creations.
- You grant every user on hitRECord.org the right to modify, adapt, and remix your RECords.
- You grant hitRECord.org the non-exclusive right to use and monetize your RECords. If we are successful in monetizing your RECords, we will share the Profits, if any, in accordance with our Terms For Including RECords For Monetized Productions.
hitRECord.org Terms of Service Frequently Asked Questions
While you MUST read our Terms Of Service and Terms For Including RECords For Monetized Productions in their entirety and agree to them in order to use the Site, below are answers to a few frequently asked questions. If you'd like to submit questions that aren't covered below, or if we can help clarify anything for you, feel free to contact us here. We will get back to you as soon as possible.
What kinds of RECords am I allowed to contribute to hitRECord.org?
You may upload all types of RECords - video, audio, text, images - provided that you are the copyright owner of the contributed RECords and they are 100% original to you, and don’t include anyone else's works that you do not have permission to use or the right to authorize hitRECord.org to use pursuant to the Terms Of Service
Am I allowed to download others' work from hitRECord.org, modify it and re-upload it to hitRECord.org?
Yes! That's the point of the Site. Our community’s creative process revolves around collaborative remixing. And once you upload a work that is based upon another RECord taken from the Site, you must give the original creator of the RECord that you modified or adapted attribution. On hitRECord.org, we call RECords that have been added or incorporated into another RECord a Resource. Citing your Resources is not only fair, it's how we organize RECords. Plus, it’s how you get to see what other artists have made with your art!
What does it mean that hitRECord.org has the 'non-exclusive right' to Monetize my Records?
When you upload a RECord to hitRECord.org, you agree to give hitRECord.org the non-exclusive right to make money with it. "Non-exclusive" means you still own your stuff and you can still sell it outside of hitRECord.org however you'd like. But, if hitRECord.org can figure out how to monetize your RECord, we're allowed to do that. If we make a profit from monetizing your RECord, then we share those profits with you.
However, if you are planning on selling one of your RECords to a third-party distributor (e.g., Universal, 20th Century Fox, etc.) who may want to purchase the exclusive rights to your RECords, please do not post them on hitRECord.org!
What do you mean by 'monetized Productions?'
When one or more RECords becomes a "Production," it means that hitRECord.org is planning to publish/distribute the Production for money. Perhaps it will become a book, part of a short film anthology, or it'll make it on TV! After, hitRECord.org splits the money it makes on the monetization of Productions 50-50 with those Contributing Artists whose RECords are included in the Production.
Example: Say we all made a short film together, and hitRECord.org manages to turn it into a money-making production. Fifty percent of the Profits would go to hitRECord.org LLC, our official business entity, which maintains the Site, funds future projects, and pays a small team of professionals whose job it is to design, produce, and direct hitRECord Productions. The other fifty percent of Profits goes to all the Contributing Artists whose RECords are used in the Production. The writer, the actors, the animators, the musicians, the editors, everybody who had a hand in creating the final short film gets a share of the Profits based on how much their contributions were valued.
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 Production is unique. So this is how we're going to do it. We will post a public proposal to the Site community of how we believe the Profits should be fairly split among Contributing Artists. We encourage you to engage in conversation and voice your opinion – we want to make sure every Contributing Artist is included and that the community agrees we are splitting the Profits fairly. After approximately two weeks, we'll take your feedback and make any adjustments we think are necessary. At the end of the day, hitRECord.org will make the final allocation decisions because someone has to have final sign off, but our decisions will be informed by and based upon community feedback.
Here’s an example of how this has worked: For our Tour 2011 Production, we posted Profit proposals of how we proposed the Tour’s Profits be split. You can check those proposals out. The conversation was opened up to the community for two weeks of feedback. An example of the community discussion can be viewed in the remarks thread. Then, after all of the community feedback was reviewed, Profits were posted. Checks were then signed and distributed to all of the Contributing Artists.
I understand Contributing Artists will be paid differently for “hitRECord on TV.” How will that work?
The TV business is unlike any other business hitRECord.org has ventured into thus far. For the TV show, we’re initially going to make 8 episodes. Each episode will have $50,000 in its budget to pay all of the Contributing Artists whose RECords are used in that episode. As for splitting the money, we’ll be doing that the way we’ve always done it: Profit proposals will be posted to the Site, the community will have approximately two weeks to provide feedback, and then we’ll post the final Profit allocations among the Contributing Artists and send out checks.
It’s worth mentioning that television production companies usually don’t turn profits right away; in fact, it can take years before a production company can turn a profit on a television show. That’s why we’ve allocated $50,000 per episode to go directly to the Contributing Artists. However, if and when “hitRECord on TV” does turn a Profit, then those Profits would be split in half between hitRECord.org and the Contributing Artists of the TV show.
Full Terms of Service
hitRECord.org Terms of Service
Last Modified: June 7, 2013
Introduction; Your Agreement to these Terms of Service.
Welcome to the hitRECord.org LLC (" hitRECord.org ") web site and online services (collectively, the " Site "). The Site is an online, collaborative collection that allows anyone with an Internet connection to post content, and engage with other content on the site by remixing, modifying, adapting, and re-uploading such content.
These Terms of Service create a legal contract between hitRECord.org and you (“ You ”). Visitors and users of the Site are referred to individually as a “ User ” and collectively as “ Users. ”
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM HITRECORD.ORG AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES ADOPTED BYHITERECORD.ORG AND INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “ TERMS ”).
Table of Contents
- Privacy Notice.
- Additional Guidelines.
- Modification of these Terms.
- Content Downloads.
- Artist Submissions; Licenses; Representations and Warranties.
- Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement.
- Prohibited Conduct.
- Third-Party Sites, Products and Services; Links.
- Ownership of Site; Credits and Title.
- Disclaimers; No Warranties; Release.
- Limitation of Liability and Damages.
- Dispute Resolution.
THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY HITRECORD.ORG. In order to use the Site, 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 the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.If You are under 18 years of age, by using the Site You certify that your parent or guardian has consented to your use of the Site and to these Terms on your behalf, and You acknowledge and agree that your use of the Site is at their 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 their request or at any time, for any reason, without notice and liability. In any case, you affirm that You are over the age of 13, as the Site is not intended for or targeted to children under 13 years of age. By clicking the “I Have Read and Agree to the Terms of Service” button or by otherwise using the Site, You represent that You meet the eligibility requirements described above and have not been previously suspended or denied permission to use the Site.
[return to top]
[return to top]
Terms for Including RECords for Monetized Productions
Monetized Production Terms
are hereby incorporated into these Terms by reference and you may also be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (collectively, “
”). Please read all Guidelines carefully as all such Guidelines are hereby incorporated by reference into these Terms.
[return to top]
Modification of these Terms.
hitRECord.org reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, including any Guidelines, at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. Any changes to these Terms or Guidelines will be effective upon posting to the Site. Notwithstanding the previous sentences of this Section 4, no revisions to these Terms or any Guidelines will be effective with respect to any dispute that arose between You and hitRECord.org prior to the date of such revision.
[return to top]
- Content Downloads. hitRECord.org and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the Site. All such content that You download shall be subject to the terms and conditions included with such content or otherwise presented to You at the time of download.
Artist Submissions; Licenses; Representations and Warranties.
- "Artist" means a User who submits a RECord to the Site. In the alternative, an Artist may also sometimes be referred to herein as a "RECorder".
- "Contributing Artist" means an Artist whose RECords are included in a Production.
- "Production" means any RECord or combination thereof which hitRECord.org seeks to exploit commercially for money, whether fixed or unfixed in tangible form or used in combination with other materials, RECords.
- "RECord" means any content submitted to the Site by a User that is published on the Site.
- "Resources" means the RECords and Results that are incorporated in or inspired a new RECord.
- You understand that whether or not a RECord is published on the Site, hitRECord.org does not guarantee any confidentiality with respect to any RECords. When a RECorder submits a RECord, such RECorder automatically grants Users the right to access, use, modify, adapt, and otherwise use the RECord in accordance with the license granted in these Terms, and automatically grants hitRECord.org a non-exclusive license to (i) host the RECord on computer servers or other storage devices owned and/or controlled by or on behalf of hitRECord.org, and (ii) monetize the RECord in the event hitRECord.org includes such RECord in a Production.
- If hitRECord.org decides, in its sole discretion, to designate one or more RECords as a Production, then hitRECord.org will notify the Contributing Artists who contributed such RECords to such Production. Notification to such Contributing Artists shall occur following any monetization of such Production. All such Contributing Artists to a Production will share in certain defined Profits, if any, from the exploitation of such Production, in accordance with the Monetized Production Terms.
- You acknowledge that once You submit a RECord to the Site, You may delete Your account and any RECords You uploaded, but any other RECords and/or Productions based upon Your RECords that were obtained from the Site prior to the deletion of Your RECords, will be unchanged, and any Artist’s Share (as defined in the Monetized Production Terms ) payable pursuant to such pre-existing RECords and Productions will continue to be remitted to You pursuant to the Monetized Production Terms. This means that even if You remove a RECord from the Site, that RECord may continue to be included in any Productions in perpetuity. Therefore, think before You upload a RECord to the Site.
By uploading a RECord to the Site, You hereby grant hitRECord.org a worldwide, non-exclusive, royalty-free, sublicensable, perpetual (for the duration of the copyrighted work, and subject to Section 11.2) 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 exploit your RECord, 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 the Site, to advertise, market, promote, and/or monetize the Site, RECords, and Productions, or Artists or Contributing Artists, and/or the business operations of hitRECord.org, its successors, and affiliates. You further grant Company a royalty-free license to Use the name, image, voice, and likeness of any identifiable person in any RECord You upload to the Site for any purpose permitted in the immediately preceding sentence.
- By way of example and not limitation, the license You grant in this Section 6.3(a) authorizes hitRECord.org to include or combine your RECords with other RECords and to distribute and monetize your RECord, 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), or on the Internet through the Site.
- By way of example and not limitation, the license You grant in this Section 6.3(a) allows hitRECord.org and its assignees and licensees to use any RECords You upload to the Site in any advertising, publicity, commercial ties-in, merchandising or other promotional material Productions for the “monetization” of the RECords, and for any monetization of such Productions, subject to the Monetized Production Terms.
- You further acknowledge and agree that even if another User of the Site violates your rights in any RECord by exceeding the license grant set forth in Section 6.3(b) of these Terms or by otherwise violating these Terms, hitRECord.org and its licensees and assignees shall not be in breach of this Section 6.3(a) 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.
- To Other hitRECord.org Users. By uploading a RECord to the Site, You hereby grant each User of the Site 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-upload to the Site for any purposes authorized in these Terms and for no other purpose.
- 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 Productions based upon or incorporating any RECords You have uploaded to the Site.
- No Liability for Unauthorized Uses. YOU HEREBY ACKNOWLEDGE THAT HITRECORD.ORG, AND ITS ASSIGNEES AND LICENSEES, HAVE NO CONTROL OVER ANY USE OF YOUR RECORDS ON THIRD PARTY WEBSITES, AND HITRECORD.ORG AND ITS ASSIGNEES AND LICENSEES HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS REGARDING SUCH USES OR EXPLOITATIONS.
- You, As a User, Accepting License Grant from Other Users By incorporating a RECord obtained from the Site in any RECord You create, You hereby agree to be bound by the provisions of the license grant set forth in 6.3(b) of these Terms. You further agree that You will (i) give attribution to each Artist whose RECords You are using or exploiting (in accordance with the “Citing Your Resources” instructions on the Site); (ii) limit any and all uses of a RECord obtained from the Site to personal, non-commercial uses, excluding only uploads of any RECords to the Site, and (iii) use your best efforts to prohibit third parties, other than other Users of the Site, from modifying any RECords that You have obtained from the Site. All modifications of a RECord must only be published on the Site to ensure compliance with these Terms, including that all contributing Artists receive proper attribution and participation in any applicable Contributing Artists Profit Pool.
- Right to Link to Site. You are granted a limited, non-exclusive right to embed a link on any third party website to any RECords that You upload to the Site, provided such link (i) uses the embed code created on the Site or hitRECord.org’s proprietary player, (ii) does not portray hitRECord.org or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and (iii) is not placed on a site or location that contains any adult or illegal material or any material that is offensive, harassing or otherwise inappropriate or objectionable to hitRECord.org (in hitRECord.org’s sole discretion). This limited right may be revoked by hiRECord.org at any time with or without notice, and hitRECord.org reserves the right to prevent linking to any third party website it deems inappropriate or offensive, in its sole discretion.
- Revocability; Effect of Account Termination. You may remove your RECords from hitRECord.org or terminate your account at any time, subject to Section 11.2, but the licenses granted in this Section 6.3 are perpetual and irrevocable with respect to any RECord or Production made using one or more of your RECords that were obtained from the Site prior to its removal from the Site.
- To hitRECord. By uploading a RECord to the Site, You hereby grant hitRECord.org a worldwide, non-exclusive, royalty-free, sublicensable, perpetual (for the duration of the copyrighted work, and subject to Section 11.2) 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 exploit your RECord, 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 the Site, to advertise, market, promote, and/or monetize the Site, RECords, and Productions, or Artists or Contributing Artists, and/or the business operations of hitRECord.org, its successors, and affiliates. You further grant Company a royalty-free license to Use the name, image, voice, and likeness of any identifiable person in any RECord You upload to the Site for any purpose permitted in the immediately preceding sentence.
- Exclusive Rights. You retain any and all intellectual property rights You have in RECords You submit to the Site, subject to any preexisting rights of any third parties. hitRECord.org acknowledges that it has no exclusive rights in any RECords based upon or incorporating RECords; however, to the extent hitRECord.org desires to obtain exclusive rights to any RECords, hitRECord.org will contact the User or applicable Users and negotiate in good faith regarding obtaining any such rights.
Waiver of Certain Rights.
By uploading RECords to or through the Site, please understand that your RECords may be used in a manner, that once used, cannot be changed. Therefore, as a condition of your uploading RECords, 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 HITRECORD.ORG AND OTHER USERS OF THE SITE LICENSES AS SET FORTH IN SECTION 6.3 ABOVE.
- Prior Inspection and Approval. By uploading RECords to or through the Site, You waive any rights of prior inspection or approval for any Use authorized in Section 6.3 above.
- 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.
- 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 exploited and/or any right to prevent revisions, alterations or distortions of a work (collectively, “ Moral Rights ”) with respect to any RECords You upload to or through the Site. To the extent any Moral Rights that You may have in a RECord You upload to or through the Site 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 upload to or through the Site.
- Royalty Free License Grant; Union Fees and Residuals. Except for payments due You pursuant to the Monetized Production Terms, if any, You (or any other third party) shall 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 upload to or through the Site. This also means that You are granting hitRECord.org 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 ”)). In addition, hitRECord.org 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 Productions pursuant to these Terms.
- Similar RECords. You acknowledge and agree that given the large number of Users contributing RECords to the Site, there may be similar or identical projects, products, ideas, designs, materials, or RECords that have been or may be generated and submitted by other Users of the Site or that may be originated by the Site or any of its affiliates, assignees or licensees and that materials used by the Site or any of its affiliates, may embody elements similar to a submission provided by You. Therefore, You shall not be entitled to any compensation because of the Site’s monetization, or the monetization by any of its affiliates, assignees or licensees, of such other similar or identical elements or items created by third parties which do not use Your actual RECords. If you believe any of your RECords have been incorporated into a monetized Production without attribution pursuant to Section 6.3(e), then please provide feedback on the proposed Allocations of Participation within Contributing Artists Profit Pool during the open comment period in accordance with the Monetized Production Terms.
- Notwithstanding Section 6.5, You should let hitRECord.org know immediately if You object to any uses of your RECords in the promotion of the Site. We will consider all reasonable requests to terminate any Use in promotions or advertising that You find objectionable, but we shall have no liability to You for any Use authorized in these Terms. You can contact us via e-mail at email@example.com.
- Your Representations and Warranties with Respect to RECords. You are solely responsible for the RECords You upload to the Site and the consequences of uploading them to the Site. By uploading your RECords, You affirm, represent, and warrant that: (a) You are the creator and owner of and have the necessary rights to use and to authorize hitRECord.org and hitRECord.org’s Users to Use and distribute your RECords as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by hitRECord.org and these Terms; (b) You have obtained all rights, licenses, permissions, authorizations, and consents from any persons who appear in any RECords You upload to the Site necessary to comply with these Terms; (c) your RECords do not and will not: (i) 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property or proprietary rights of any other person; or (iii) require hitRECord.org or its assignees or licensees or any other User to 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 Production Terms; and (d) 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, You may be subject to criminal and civil liability.
- Disclaimers as to RECords and Productions. YOU UNDERSTAND THAT WHEN USING THE SITE YOU WILL BE EXPOSED TO RECORDS AND PRODUCTIONS FROM A VARIETY OF SOURCES, AND THAT HITRECORD.ORG IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH RECORDS AND PRODUCTIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO RECORDS OR PRODUCTIONS 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 HITRECORD.ORG WITH RESPECT THERETO. HITRECORD.ORG DOES NOT ENDORSE ANY RECORDS OR INCLUDING WHEN INCORPORATED IN A PRODUCTION, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND HITRECORD.ORG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH RECORDS AND PRODUCTIONS. IF NOTIFIED BY A USER OR A CONTENT OWNER OF A RECORD, RESULT OR PRODUCTION THAT ALLEGEDLY DOES NOT CONFORM TO THESE TERMS OR OTHERWISE VIOLATES THE RIGHTS OF ANY THIRD PARTY, HITRECORD.ORG MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE THE RECORD, OR PRODUCTION, WHICH IT RESERVES THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE OR LIABILITY TO ANY USER. FOR CLARITY, HITRECORD.ORG DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE SITE.
- Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement. It is hitRECord.org’s policy to respond promptly to notices of alleged intellectual property infringement that comply with the Digital Millennium Copyright Act. For more information, please go to hitRECord.org’s DMCA Notification Guidelines. hitRECord.org will promptly terminate your access to the Site if You are determined by hitRECord.org to be a “repeat infringer” as specified in the DMCA Notification Guidelines.
By using the Site, You agree not to:
- use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as offered by hitRECord.org;
- upload to the Site 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 these Terms;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12 below);
- post, upload, or distribute any defamatory, libelous, or inaccurate RECords;
- post, upload, or distribute any RECords that are unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate or shocking to the conscience;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the Site or RECords;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Site. 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;
- use the Site 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;
- defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for Your personal, non-commercial use only and in the absence of being included in a Production, You may not sell or receive any monetary benefit from any RECord on the Site;
- use the Site if You are under the age of 13 years old;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or RECords, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or RECords;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the Site or any User’s enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
[return to top]
When You use the Site to upload and/or download or edit information on the Site, You may be asked to provide a 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 the Site, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to hitRECord.org 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 the Site or your right to use the Site is terminated by hitRECord.org. 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 hitRECord.org. You may be liable for the losses incurred by hitRECord.org or others due to any unauthorized use of your account on the Site prior to your notification of hitRECord.org of the loss, theft or unauthorized disclosure or use of your account ID or password.
[return to top]
hitRECord.org reserves the right to reject or revoke the right of any User to any User name used on the Site, at any time and for any reason. 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 the Site but also be kicked off the Site. Please don’t claim to be someone else.
[return to top]
- When You use the Site to upload and/or download or edit information on the Site, You may be asked to provide a 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 the Site, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to hitRECord.org 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 the Site or your right to use the Site is terminated by hitRECord.org. 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 hitRECord.org. You may be liable for the losses incurred by hitRECord.org or others due to any unauthorized use of your account on the Site prior to your notification of hitRECord.org of the loss, theft or unauthorized disclosure or use of your account ID or password.
Third-Party Sites, Products and Services; Links.
The Site may include links or references to other web sites or services solely as a convenience to Users (“
Third Party Sites
”). hitRECord.org 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 the Site 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.
[return to top]
- Termination by hitRECord.org. You agree that hitRECord.org, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with hitRECord.org or your use of the Site and remove and discard all or any part of your account, User profile, and any RECords, at any time. hitRECord.org may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that hitRECord.org 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 upload to the Site. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies hitRECord.org may have at law or in equity. As discussed herein, hitRECord.org does not permit infringing activities on the Site, and will remove all RECords that are found to be infringing.
- Termination by You. our only remedy with respect to any dissatisfaction with (a) the Site, (b) any term of these Terms, (c) Guidelines, (d) any policy or practice of hitRECord.org in operating the Site, or (e) any content or information transmitted through the Site, is to terminate these Terms and your account. You may terminate these Terms at any time by deleting your account with the Site and discontinuing use of any and all parts of the Site. To delete your account, send an email to support@hitRECord.org. hitRECord.org will use reasonable efforts to respond promptly to your request for termination, and in no event later than 90 days following receipt of Your email. For the purposes of Section 6.3(g), Your account will be deemed terminated upon hitRECord.org’s confirmation to You that Your account has been deleted. Any termination of these Terms by You shall be subject to Section 17.5 below.
[return to top]
Ownership of Site; Credits and Title.
- hitRECord.org. The Site is owned and operated by hitRECord.org. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by hitRECord.org (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 and/or Productions that are provided and owned by Users, all Materials contained on the Site are the property of hitRECord.org or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to hitRECord.org or its affiliates and/or third-party licensors. Except as expressly authorized by hitRECord.org, 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. hitRECord.org reserves all rights not expressly granted in these Terms of Service, and there are no implied licenses granted by hitRECord.org to any third party.
- Credits and Title. hitRECord.org may accord credits with respect to Productions in its sole discretion, including, for avoidance of doubt, selecting the form, nature and placement thereof. Additionally, hitRECord.org reserves the sole and exclusive right to change the title of any Production, or to add a title if a Production is not titled. Users accordingly waive any and all rights with respect to receiving a credit on a Production, and further acknowledge that they have no right to require a specific title with respect to a Production. Notwithstanding the foregoing, Artists shall receive attribution with respect to Productions in accordance with the license terms set forth in Section 6.3(e) above.
[return to top]
You agree to indemnify, save, and hold hitRECord.org, its affiliated companies, contractors, directors, employees, agents, and advisors, and its third-party suppliers, licensors, partners, licensees, sublicensees, and assigns harmless from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You in these Terms. hitRECord.org reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify hitRECord.org, and You agree to cooperate with hitRECord.org’s defense of these claims. hitRECord.org will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. Notification to You via e-mail shall be sufficient for notice pursuant to this paragraph and it is your responsibility to maintain a current e-mail address on file with hitRECord.org at all times. hitRECord.org’s inability to contact You via e-mail for any reason shall not nullify your indemnification obligations under these Terms.
[return to top]
Disclaimers; No Warranties; Release.
- No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HITRECORD.ORG AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS 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, PRODUCTIONS, AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITRECORD.ORG OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14.1, THE TERM HITRECORD.ORG INCLUDES HITRECORD.ORG’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS.
- "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ALL RECORDS, PRODUCTIONS, AND MATERIALS IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, RECORDS, PRODUCTIONS, MATERIALS, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- Content. HITRECORD.ORG AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, SUBMISSIONS, FUNCTIONS, RECORDS, PRODUCTIONS, MATERIALS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE 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.
- Accuracy. HITRECORD.ORG AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, RECORDS, PRODUCTIONS, MATERIALS OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, RECORDS, PRODUCTIONS OR DATA THROUGH THE SITE (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 PROPRERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- Release. You agree not to hold hitRECord.org liable for the content, actions, or inactions of other Users of the Site, and You hereby release hitRECord.org (and its officers, directors, shareholders, agents, subsidiaries, licensees, and assignees, and each of its and their respective employees) from 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 hitRECord.org becomes involved in any resolution or attempted resolution of the dispute. Any dispute You have with another User of the Site is to be resolved by You and such User in any forum with jurisdiction over such dispute, and You agree to indemnify hitRECord.org for any costs incurred by it if You involve hitRECord.org in the dispute or any attempt to resolve such dispute.
[return to top]
Limitation of Liability and Damages.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HITRECORD.ORG OR ITS DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, LICENSEES, ASSIGNEES OR SUPPLIERS 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 THE SITE OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH HITRECORD.ORG EVEN IF HITRECORD.ORG OR A HITRECORD.ORG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 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 WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HITRECORD.ORG, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HITRECORD.ORG, HITRECORD.ORG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT HITRECORD.ORG WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
- Limitation of Damages. IN NO EVENT WILL HITRECORD.ORG OR ITS DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, LICENSEES, ASSIGNEES OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAYABLE TO YOU BY HITRECORD.ORG FOR ANY PRODUCTION, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
- 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 HITRECORD.ORG AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY THIRD PARTY SITES.
- Consumer End Users (Outside of the USA). This Section 15.5 applies only to Users residing and using the Site outside of the United States. The limitations or exclusions of warranties 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. The limitations or exclusions of warranties, remedies or 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.
[return to top]
Please read this carefully. It affects your rights. YOU AND HITRECORD.ORG 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 THE SITE. 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. Please visit www.adr.org for more information about arbitration.
- 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 hitRECord.org, to You via any other method available to hitRECord.org, including via e-mail. The Notice to hitRECord.org 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 (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “ Demand ”). If You and hitRECord.org do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or hitRECord.org may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“ AAA ”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “ Rules ”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If You are required to pay a filing fee to commence an arbitration against hitRECord.org, then hitRECord.org will promptly reimburse You for your confirmed payment of the filing fee upon hitRECord.org’s receipt of Notice at the Arbitration Notice Address that You have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case You are solely responsible for the payment of the filing fee.
- Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and hitRECord.org agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND HITRECORD.ORG AGREE THAT YOU AND HITRECORD.ORG 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, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Site evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
- Governing Law. These Terms and your use of the Service shall 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 hitRECord.org under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and You and hitRECord.org hereby submit to the personal jurisdiction and venue of these courts.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which hitRECord.org seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by hitRECord.org 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 hitRECord.org, including with respect to any RECords or Productions, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
- Claims. You and hitRECord.org 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 the Site, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims. All claims You bring against hitRECord.org must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should You file a claim contrary to this Dispute Resolution section, hitRECord.org may recover attorneys’ fees and costs up to $5,000, provided that hitRECord.org has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
[return to top]
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND HITRECORD.ORG 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 THE SITE. 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. Please visit www.adr.org for more information about arbitration.
- Notice. hitRECord.org may provide You with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. You agree to accept notice via e-mail. Notice will be deemed given twenty-four hours after email is sent, unless hitRECord.org is notified that the email 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 the Site or obtained through other lawful means. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
- 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 shall preclude the concurrent assertion of any other right or employment of any other remedy. No failure or delay on the part of hitRECord.org in the exercise of any power or right under these Terms shall operate as a waiver thereof. No single or partial exercise of any right or power under these Terms by hitRECord.org shall operate as a waiver of such right or of any other right or power. The waiver by hitRECord.org of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach of these Terms.
- 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.
- 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 Production Terms ) of a Contributing Artists Profit Pool (as defined in the Monetized Production Terms ) for a Production, may not be transferred or assigned by You, but may be assigned by hitRECord.org without restriction. Any assignment attempted to be made in violation of these Terms shall be void. This Agreement shall bind and inure to the benefit of Your and hitRECord.org’s successors and permitted assigns.
- 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 6 through 17 of these Terms and all Guidelines incorporated by reference into these Terms.
- 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 thees Terms.
- Contact. The services hereunder are offered by hitRECord.org LLC, with an office located at 6613 Val Jean Ave, Van Nuys CA 91406; or via email at firstname.lastname@example.org. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.
[return to top]
hitRECord.org Submission Guidelines for RECords
A User may upload any RECord or Result to the Site, provided:
- Such RECord complies with the Terms; and
- Such RECord is wholly original and 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 hitRECord.org and other Users in the Terms; and
- Such RECord does not contain prohibited elements; and
- Such RECord does not require hitRECord.org to pay any fees to any third party, except as set forth in the Terms; and
- Such RECord does not include any material or elements that are subject to a collective bargaining agreement; and
- Such RECord is in accordance with any other guidelines that hitRECord.org may advise or post from time to time.
Digital Millennium Copyright Act Notification Guidelines
Notification of Infringement
hitRECord.org 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 the Site.
hitRECord.org’s intellectual property policy is to (1) remove material that hitRECord.org believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (2) remove any RECords or Productions posted to the Site by “repeat infringers.” hitRECord.org considers a “repeat infringer” to be any User that has uploaded RECords to the Site and for whom hitRECord.org has received more than two takedown notices compliant with the provisions of the Digital Millennium Copyright Act (“ DMCA ”) (17 U.S.C. § 512(c)) with respect to such RECords. hitRECord.org has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon hitRECord.org’s own determination.
Procedure for Reporting Claimed Infringement.
If you believe that any RECord or Production made available on or through the Site has been Used or exploited 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the work claimed to have been infringed, or, if multiple works on the Site are covered by a single notification, a representative list of such works at that site.
- 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 hitRECord.org to locate the material.
- Information reasonably sufficient to permit hitRECord.org to contact you, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- 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.
- 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 the Site infringes your intellectual property rights, we suggest that you contact an attorney before sending us a Notification of Claimed Infringement.
Please note that hitRECord.org 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 hitRECord.org.
A User that provided a RECord to the Site that has been the subject of a Notification of Claimed Infringement may submit a counter notification upon hitRECord.org 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, 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):
- A physical or electronic signature of the subscriber.
- 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.
- 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.
- 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 hitRECord.org 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.
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 [hitRECord.org] 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).
hitRECord.org reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
Designated Copyright Agent
hitRECord.org’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., Fifth Floor
- Washington, D.C., 20006
- (fax) 202.973.8899
- Email: email@example.com
For clarity, only DMCA notices should go to the hitRECord.org Designated Agent. Any other feedback, comments, requests for technical support or other communications should be directed to hitRECord.org through firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.