hitRECord.org Terms of Service

Last Modified: January 4, 2010

Introduction; Your Agreement to these Terms of Service.

Welcome to the hitRECord.org, LLC ("hitRECord.org") web site and online services (the "hitRECord.org Site"). The hitRECord.org Site is an online collaborative collection that allows anyone with an Internet connection to post and alter its content.

The following Terms of Service for the hitRECord.org Site is a legal contract between you, either an individual member or user of at least 13 years of age ("You"), and HitRECord.org regarding your use of the HitRECord.org Site. Visitors and users of the HitRECord.org Site are referred to individually as "User" and collectively as "Users".

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE HITRECORD.ORG 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 (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY HITERECORD.ORG (COLLECTIVELY, THE "TERMS").

Table of Contents.

1. Eligibility.

2. Privacy Notice.

3. Additional Guidelines.

4. Individual Features and Services.

5. Modification of these Terms.

6. Software and Content Downloads.

7. Artist Submissions; Representations and Warranties.

8. Digital Millennium Copyright Act.

9. Prohibited Conduct.

10. Account.

11. Third-Party Sites, Products and Services; Links.

12. Termination; Terms of Service Violations.

13. Ownership; Proprietary Rights.

14. Indemnification.

15. Disclaimers; No Warranties; Release.

16. Limitation of Liability and Damages.

17. Miscellaneous (including Dispute Resolution and Arbitration).

1. Eligibility. THE HITRECORD.ORG SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE HITRECORD.ORG SITE BY HITRECORD.ORG. By clicking the "I Agree" button or by otherwise using the hitRECord.org Site, You represent that You are at least 13 years of age and have not been previously suspended or removed from the HitRECord.org Site by HitRECord.org.
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2. Privacy Notice. Your privacy is important to hitRECord.org. hitRECord.org's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to hitRECord.org's collection, use, and disclosure of your personal information.
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3. Additional Guidelines. hitRECord.org's Submission Guidelines and Terms of Selecting RECords for Monetized Productions are hereby incorporated into these Terms by reference. Please read these guidelines carefully for information relating to contributing content to the hitRECord.org Site.
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4. Individual Features and Services. When using the hitRECord.org Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
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5. Modification of these Terms. hitRECord.org reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the hitRECord.org Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the hitRECord.org Site.
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6. Software and 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 hitRECord.org Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
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7. Artist Submissions; Licenses; Representations and Warranties.

1. Definitions.

1. Artist. An "Artist" shall mean a User who submits a Submission to the hitRECord.org Site. In the alternative, an Artist may also sometimes be referred to herein as a "hitRECorder".

2. Production. A "Production" shall mean the version of a Result which hitRECord.org specifically selects to exploit for-profit, on a non-exclusive basis, pursuant to the Submissions License (as defined below).

3. RECord. A "RECord" shall mean a Submission, once submitted to the Site, accepted by hitRecord.org, and published on the hitRECord.org Site.

4. Result. A "Result" shall mean a RECord , if unmodified from the original Submission, or the result of modifying such RECord by creating a derivative work utilizing one or more other RECords and posting such edited/modified version of the production to the hitRECord.org Site. hitRecord.org shall decide in its sole discretion which Results shall remain accessible via the hitRECord.org Site, and may in its sole discretion erase, hide, block or otherwise delist access to a Result at any time and without notice in accordance with these Terms of Service.

5. Submission. A "Submission" shall mean a wholly original media element which is capable of copyright protection (e.g., a short film or video, an image, a musical composition, written material) that is submitted to the hitRECord.org Site by a User.

2. Artist Submissions Generally. You understand that whether or not a Submission is published, hitRECord.org does not guarantee any confidentiality with respect to any Submissions. When a hitRECorder submits a RECord, at the time of submission such hitRECorder automatically grants Users the right to access, use, modify and further exploit the RECord in accordance with the User License described below, and automatically grants hitRECord.org (i) a license to host the RECord, and (ii) a non-exclusive license to commercialize the RECord in the event hitRECord.org determines that suchRECord, or a Resultinto which such RECord or elements thereof are combined, is selected as a Production (a "Submission License"). If hitRECord.org decides, in its sole discretion, to designate a Result as a Production to be commercialized, hitRECord.org will notify the applicable Artist or Artists; additionally, all Artists contributing RECords and/or Results to a Production are eligible to share in certain defined profits from the exploitation of such Production, and hitRECord.org shall notify each Artist contributing to a Production of their respective participation (i.e., Artist's Share) in the Contributing Artists' Profit Pool, as such terms and process are defined in the Terms of Selecting RECords for Monetized Productions. In the event an Artist is granted an Artist's Share, and such Artist does not agree with the terms of such grant, the Artist may submit comments regarding such Artist's Share to hitRECord.org. hitRECord.org, in its sole discretion, may modify the Artist's Share based on the comments, or leave such Artist's Share unmodified. Artist acknowledges that once they submit a RECordto the hitRECord.org Site, they may not delete suchRECord, whether or not they are granted an Artist Share and whether or not they agree to the terms of such grant if applicable. Please see the Terms of Selecting RECords for Monetized Productions for more information.

3. Licenses.

1. Hosting License. By uploading a Submission on the hitRECord.org Site, with respect to the resulting RECord You hereby grant hitRECord.org a worldwide, non-exclusive, royalty-free, sublicensable, perpetual (for the duration of the copyrighted work), irrevocable and transferable license to host, transfer, display, perform, reproduce, distribute and re-distribute, combine with other RECords , and create derivative works of the RECord in any media now known or hereafter devised in connection with the hitRECord.org Site and/or the business operations of hitRECord.org, its successors, and affiliates, including without limitation via any current and future media in which the hitRECord.org Site or service, or any part or derivative work thereof, is stored, processed, made available, promoted, distributed or syndicated (the "Hosting License").

2. Submission License to hitRECord.org. By uploading on the hitRECord.org Site, with respect to the resulting RECord You hereby grant to hitRECord.org a worldwide, non-exclusive, royalty-free, sublicensable, perpetual (for the duration of the copyrighted work), irrevocable and transferable license to host, transfer, display, perform, reproduce, distribute and re-distribute, combine with other RECords, create derivative works of and otherwise exploit your RECord , including for commercial purposes, in whole or in part, in any media formats and through any media channels now known or hereafter devised.

3. Limited License Grant to Other HitRECord.org Users.

i. On the hitRECord.org Site. By uploading a Submission to the hitRECord.org Site, with respect to the resulting RECord You hereby grant to each User of the hitRECord.org Site a worldwide, non-exclusive, royalty-free, perpetual (for the duration of the copyrighted work), irrevocable and transferable license to access, use, reproduce, distribute, combine with other RECords , prepare derivative works of, display and publicly perform your RECord , in whole or in part, in any media formats and through any media channels now known or hereafter devised, to create Resultsto be hosted and displayed on the hitRECord.org Site, provided that you give attribution to each Artist whose RECords you are exploiting (in accordance with the "Citing your Resources" instructions on the site) and that any and all uses of a RECord pursuant to this license are for non-commercial purposes.

ii. Right to Link to hitRECord.org Site. Subject to these Terms, You are granted a limited, non-exclusive right to display Your Results and RECords for non-commercial purposes on Your personal webpage(s) on another site (e.g., Your personal page on a social networking site) or on third party webpages (such as within a third party blog) via a link to the hitRECord.org Site ("Linking"), provided such placement of the link is via the embed code or proprietary player provided by hitRECord.org on the hitRECord.org Site, that in the instance of a third party page You have the right to display such content on the third party page and that such posting creates no obligations or liability for hitRECord.org, and such Linking (a) does not portray hitRECord.org or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, or (b) is not on 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), or (c) does not infringe any right of any third party including intellectual property rights or link to infringing or inappropriate content. This limited right may be revoked by hiRECord.org at any time upon notice, and hitRECord.org reserves the right to prevent linking to any site it deems inappropriate, in its sole discretion.

iii. Off the hitRECord.org Site. By uploading a Submission to the hitRECord.org Site, with respect to the resulting RECords You hereby grant to each User of the hitRECord.org Site a worldwide, non-exclusive, royalty-free, perpetual (for the duration of the copyrighted work), irrevocable and transferable license to access, use, reproduce, distribute, download, combine with other RECords, prepare derivative works of, display and publicly perform your RECords, and Results into which your RECordsor elements thereof have been included, in whole or in part, in any media formats and through any media channels now known or hereafter devised, off of the hitRECord.org Site (such off the site use, but excluding Linking, "Off-Site Exploitation"), provided that (i) such User gives attribution to You and each Artist whose RECords and/or Resources he/she is exploiting (in accordance with the "Citing your Resources" instructions on the site), (ii) any and all uses of a RECord pursuant to this license are for non-commercial purposes, and (iii) that such User does not permit third parties, other than Users via the hitRECord.org Site, to further modify the Results or RECords. For avoidance of doubt, a User may share and display your RECords, and User created Results incorporating part or all of your RECords, with third parties solely as the RECord and/or Results are displayed on the hitRECord.org Site, but shall not permit any such third parties to modify such RECords or Results; all modifications of a RECord creating a new Result must only be published on the hitRECord.org Site to ensure compliance with these Terms of Service, including that all contributing Artists receive proper attribution and participation in any applicable Contributing Artists Profit Pool . YOU HEREBY ACKNOWLEDGE THAT HITRECORD.ORG HAS NO CONTROL OVER ANY OFF-SITE EXPOLITATION, AND HITRECORD.ORG HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS REGARDING OFF-SITE EXPLOITATION.

iv. Notwithstanding the foregoing, Artists reserve the right to release and non-exclusively exploit any Submissions under different license terms at any time; provided, however that any such election will not serve to withdraw any licenses granted herein.

4. Exclusive Rights. You retain any and all intellectual property rights you have in Submissions you submit to the hitRECord.org Site, and the resultingRECords. hitRECord.org acknowledges that it has no exclusive rights in any Submissions, RECords or derivative Resultsbased upon or incorporating Submission elements; however, to the extent hitRECord.org desires to obtain exclusive rights to any RECords or Results hitRECord.org will contact the User or applicable Users and negotiate in good faith regarding obtaining any such rights.

5. Submissions Representations and Warranties. You are solely responsible for your Submissions and the consequences of posting or publishing them. By uploading and publishing your Submissions, You affirm, represent, and warrant that: (1) 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 Submissions as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by hitRECord.org and these Terms of Service; (2) your Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your Submissions do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. HITRECORD.ORG RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THIS TERMS OF SERVICE. FOR AVOIDANCE OF DOUBT, YOU AGREE AND ACKNOWLEDGE THAT YOUR RECORDS INCLUDE ONLY WHOLLY ORIGINAL AND OWNED SUBMISSIONS AND THAT YOUR SUBMISSIONS INCLUDED WITHIN A RECORD OR RESULT (1) DO NOT INCLUDE ANY THIRD PARTY MATERIALS, AND (2) ARE NOT BASED UPON ANY LICENSES TO THIRD PARTY MATERIALS, AND DO NOT REQUIRE ANY CONSENTS OR PERMISSIONS FOR ANY USE.

6. Disclaimers.

1. (a) Submissions Disclaimer. YOU UNDERSTAND THAT WHEN USING THE HITRECORD.ORG SITE YOU WILL BE EXPOSED TO RECORDS 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. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO RECORDS THAT ARE 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 ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN, AND HITRECORD.ORG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH RECORDS. IF NOTIFIED BY A USER OR A CONTENT OWNER OF A RECORD THAT ALLEGEDLY DOES NOT CONFORM TO THESE TERMS OF SERVICE, HITRECORD.ORG MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE THE RECORDS, WHICH IT RESERVES THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, HITRECORD.ORG DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE HITRECORD.ORG SITE.

2. (b) OFF-SITE EXPLOITATION DISCLAIMER. YOU UNDERSTAND THAT HITRECORD.ORG HAS NO CONTROL OVER ANY OFF-SITE EXPOLITATION. HITRECORD.ORG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH OFF-SITE EXPLOITATION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS REGARDING OFF-SITE EXPLOITATION.

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8. Digital Millennium Copyright Act. It is hitRECord.org's policy to respond to notices of alleged copyright 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 without notice your access to the hitRECord.org Site if You are determined by hitRECord.org to be a "repeat infringer."
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9. Prohibited Conduct.

   BY USING THE HITRECORD.ORG SITE YOU AGREE NOT TO:

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

2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section13, below);

3. post, upload, or distribute any defamatory, libelous, or inaccurate Submissions, RECords or other content;

4. post, upload, or distribute any Submissions or other content that is 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;

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

6. delete the copyright or other proprietary rights on the hitRECord.org Site or RECords;

7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the hitRECord.org 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;

8. use the hitRECord.org 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;

9. defame, harass, abuse, threaten or defraud Users of the hitRECord.org Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the hitRECord.org Site for any commercial use, it being understood that the hitRECord.org Site is for personal, non-commercial use only;

10. use the hitRECord.org Site if You are under the age of 13 years old;

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

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

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

14. intentionally interfere with or damage operation of the hitRECord.org Site or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

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10. Account. When You use the hitRECord.org Site to upload and/or download or edit information on the hitRECord.org 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, 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. 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 hitRECord.org Site account.
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11. Third-Party Sites, Products and Services; Links. The hitRECord.org 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 HitRECord.org 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 THROUGHTHIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.
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12. Termination; Terms of Service Violations; Survival.

1. 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 hitRECord.org Site and remove and discard all or any part of your account, User profile, and any RECord or Result, at any time. hitRECord.org may also in its sole discretion and at any time discontinue providing access to the hitRECord.org Site, or any part thereof, with or without notice. You agree that any termination of your access to the hitRECord.org 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. 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 copyright infringing activities on the hitRECord.org Site, and will terminate access to the hitRECord.org Site, and remove all RECordsor other content submitted by any Users who are found to be repeat infringers.

2. You. Your only remedy with respect to any dissatisfaction with (i) the hitRECord.org Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of hitRECord.org in operating the hitRECord.org Site, or (v) any content or information transmitted through the hitRECord.org Site, is to terminate these Terms of Service and your account. You may terminate these Terms of Service at any time by deleting your account with the hitRECord.org Site and discontinuing use of any and all parts of the hitRECord.org Site.

3. Survival.

1. You acknowledge and agree that once a Submission is uploaded to the hitRECord.org Site and becomes a RECord, it cannot be deleted by You, and that any and all licenses granted regarding RECords pursuant to these Terms shall survive any termination of your account with hitRECord.org.

2. You acknowledge and agree, that once a Submission is uploaded to the hitRECord.org Site, hitRECord.org may, it its sole discretion and at any time, delete and/or hideRECords. If hitRECord.org ever deletes or hides aRECord, such that it is not available for future use, then You acknowledge that (i) Users may continue to exploit any Results, and the RECords(or elements thereof) incorporated into such Resultsprior to such deletion or hiding, in accordance with the licenses granted hereunder, but that the RECordsfollowing such deletion or hiding shall no longer be available for exploiting with any newResults, and (ii) that hitRECord.org may continue to exploit anyResults, and the RECords (or elements thereof) incorporated into such Resultsprior to such deletion or hiding, in accordance with the licenses granted hereunder (including without limitation to exploit the same for commercial purposes).

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13. Ownership of hitRECord Site; Credits and Title.

1. hitRECord.org. The hitRECord.org 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 hitRECord.org 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 Submissions, RECords, Results, and/or Productions that are provided and owned by Users, all Materials contained on the hitRECord.org 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 or 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.

2. 13.2 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 in its sole discretion; 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 7.3 above.

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14. Indemnification. You agree to indemnify, save, and hold hitRECord.org, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the hitRECord.org Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. 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.
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15. Disclaimers; No Warranties; Release.

1. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HITRECORD.ORG OR THROUGH THE HITRECORD.ORG SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15 THE TERM HITRECORD.ORG INCLUDES HITRECORD.ORG'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

2. "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE HITRECORD.ORG SITE IS AT YOUR SOLE RISK. THE HITRECORD.ORG SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, records, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HITRECORD.ORG 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.

3. Content. HITRECORD.ORG, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, SUBMISSIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE HITRECORD.ORG 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.

4. Accuracy. HITRECORD.ORG, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HITRECORD.ORG SITE 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, OR DATA THROUGH THE HITRECORD.ORG 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.

6. Release. You agree not to hold hitRECord.org liable for the content, actions, or inactions of other Users. You hereby release hitRECord.org (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (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. You hereby expressly acknowledge and agree that the release in this Section applies to any and all Off-Site Exploitation, as set forth in Section 7.3(c)(iii). If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

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16. Limitation of Liability and Damages.

1. 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, 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 HITRECORD.ORG 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, HITRECORD.ORG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

2. Limitation of Damages. IN NO EVENT WILL HITRECORD.ORG OR ITS DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, 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 HITRECORD.ORG SITE OR YOUR INTERACTION WITH OTHER HITRECORD.ORG 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.

3. 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 HITRECORD.ORG SITE OR RECEIVED THROUGH ANY THIRD PARTY SITES.

4. Consumer End Users (Outside of the USA). This Section 16.4 applies only to Users residing and using the hitRECord.org Site outside of the United States. The limitations or exclusions of warranties and liability contained in these Terms of Service 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 U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms of Service apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.

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17. Miscellaneous.

1. Notice. hitRECord.org may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the hitRECord.org Site. Notice will be deemed given twenty-four hours after email is sent, unless hitRECord.org is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the hitRECord.org Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the hitRECord.org Site is deemed given 30 days following the initial posting.

2. Waiver. The failure of hitRECord.org to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by hitRECord.org.

3. Dispute Resolution and Arbitration.

1. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

2. Arbitration. For any claim related to these Terms of Use or the hitRECord.org Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than [ten thousand U.S. Dollars ($10,000.00 USD)], either hitRECord.org or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or hitRECord.org will be filed only in the state or federal courts in and for Los Angeles County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 17.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

4. Improperly Filed Claims. All claims you bring against hitRECord.org must be resolved in accordance with this Section 17.3. All claims filed or brought contrary to this Section 17.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 17.3, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.

4. Severability. If any provision of these Terms or any Guidelines is 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.

5. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, 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 this Terms of Service shall be void.

6. 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 7 through17.

7. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

8. Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and hitRECord.org relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by HitRECord.org as set forth in Section 5 above.

9. Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HITRECORD.ORG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. Contact. The services hereunder are offered by hitRECord.org, Inc., located at, HitRECord.org LLC, 6613 Val Jean Ave, Van Nuys CA 91406, email: . 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.

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A User may submit any Submission on the hitRECord.org Site, provided:

1. Such Submission is consistent with the Terms of Service; and

2. Such Submission is wholly original and owned by You; and

3. Such Submission is not or does not contain Prohibited Content (as defined in Section 9 of the Terms of Service); and

4. Such Submission does not include any material or elements that are subject to a collective bargaining agreement; and

5. Such Submission is in accordance with any other guidelines that hitRECord.org may advise or post from time to time.

Notification of Infringement

It is our policy to respond to clear notices of alleged copyright infringement. This page explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act ("DMCA"). Upon receipt of a DMCA compliant notice, hitRECord.org LLC ("hitRECord.org") will expeditiously remove or disable access to the content that is the subject of the notice.

If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing hitRECord.org's Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the hitRECord.org Site 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 hitRECord.org to locate the material.
4. 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.
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 copyright owner, its agent, or the law.
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.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

Please note that hitRECord.org may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Counter-Notification

The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. 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. Section 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.
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 hitRECord.org may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent

hitRECord.org's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Address: 6613 Val Jean Ave, Van Nuys CA 91406

Email:

Phone: 818-922-2000

Fax: 818-501-5785

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

Account Termination

In appropriate circumstances, hitRECord.org will promptly terminate, without notice, the accounts of those determined in our sole discretion to be "repeat infringers."