Overview
This Artist Agreement is accepted by you upon your use of the Website and is further affirmed by you becoming a Member of openURmic.com. The failure of openURmic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Ability to Accept Terms of Use
You affirm that You are either 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. In any case, You affirm that You are over the age of 18, as the Site is not intended for children under 18. If You are under 18 years of age, then please do not use the Site—there are lots of other great web sites for You. Talk to Your parents about what sites are appropriate for You.
Website Copyright and Trademark Rights
The Website is owned by its creators, openURmic, LLC. Its structure, organization, and code are the valuable trade secrets of openURmic. The Website is also protected by United States Copyright Law and the use of any trademark does not give you any rights of ownership in the Company or our trademark.
Rights to Materials
You represent and warrant that all materials (including, but not limited to, songs, pictures, videos, member profiles, emails, event listings, blogs, ads, etc) are your original owned property or that you have the necessary rights of use or ownership thereto. You further guarantee that all the uploads are completely your original materials, and do not contain samples or excerpts from others that may be recognized as copyright infringement. Any subsequent loss to the rights of materials will require you to remove these uploaded materials from our Website immediately. Any disputes to these rights of materials will be handled by the parties involved directly.
Use of Member Materials
Although all openURmic members reserve creative ownership rights to all their uploaded materials, you will grant openURmic, LLC the right, without prior permission, to use, distribute and promote any and all uploaded materials (including, but not limited to, songs, pictures, videos, member profiles, emails, event listings, blogs, etc) free of charge, royalties, or claims. openURmic’s services are designed to increase promotion of artist, therefore, ALL artists shall Grant openURmic a Waiver of Any Fees and/or Royalties for use of their material. If you do NOT agree, you should NOT participate and notify openURmic immediately to have your account terminated. You are responsible for all content you provide this Service for use on the website, including content of songs, verbal remarks during, before, and/or after performance.
Specific Use
All members agree to use the Website services for their personal use and not give access to their account to others. All businesses must obtain the prior written consent of openURmic, LLC before joining. No Member is authorized to solicit the emails or electronically capture any personal information of artists with the intent of sending unsolicited correspondence. openURmic, LLC will take immediate legal action to stop or prevent any unauthorized use of this Website.
Changes
openURmic, LLC reserves the right to make changes to this Website, it’s Terms of Use, and to your Member Profile at any time without notice. openURmic, LLC may also terminate your account without warning or specific reason. Any openURmic member may terminate his/her account at anytime using the tools provided in the My openURmic section of the Website.
Site Use
Without limiting the foregoing, everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR INFRINGEMENT. Neither openURmic, LLC nor any other party involved in creating, producing, or delivering the Website shall be liable for any incidental, consequential, indirect, or punitive damages arising out of your access to, or use, of the Website. openURmic, LLC does not warrant that the functional aspects of the Website will be uninterrupted or error free, or that this Website or server that makes it available are free of viruses or other harmful components. Your use and browsing of the Website is at your own risk.
Performer (Artist) Content
openURmic will not be held responsible for ANY content on the site that has been uploaded by a Contributor or Host. By performing at an open mic venue that participates in openURmic YOU, the Performer, consent to being recorded, and YOU, the Performer, consent to having your entire performance, partial performance, or none of your performance uploaded to the site. If you choose not to participate, you should send an email request to be removed to team@openURmic.com.
Notice of Claims of Copyright Infringement
It is the policy of openURmic to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), openURmic has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If You believe that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide openURmics' Copyright Agent with the following information in accordance with the DMCA:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the openURmic Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
openURmics' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name: Brent Carr
Email Address: brent@openurmic.com
Phone: 865-680-6134
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.