|Terms Of Service|
Myhitrecord legal terms and conditions: Rev: 02-2010
Your use of this web site ("Site"), owned by Myhitrecord, and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may occasionally revise or update. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Myhitrecord may, in its sole discretion, and at any time, stop, pause, or discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Myhitrecord will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately stop all use of this Site.
After posting your Upload/Submitted Content on Myhitrecord, you continue to retain all ownership rights in such Submitted Content.
You agree for Myhitrecord to display, offer, and sell digital downloads of your upload/submitted content
You agree to receive pay in US dollars resulting from sales on Myhitrecord.com at the rates as posted in “How this Site Works” section of Myhitrecord.com
Super Star artists on Myhitrecord that omit or skip the recording contract with Myhitrecord agree to these terms and conditions as well
Super Star artist that elect to be recorded by Myhitrecord under contract will be required to sign in “ink” and must agree to further representation by Myhitrecord
Further details are provided in these Legal Terms and Conditions
Content on Myhitrecord.com
Content on this Site provided by Myhitrecord or its Licensors, including certain art work, graphics, photographs, screen views, texts, music, digitally files, videos, trademarks, logos, product and/or character names, images, slogans, and the compilation of the foregoing ("Myhitrecord Content") is the property of Myhitrecord and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including audio files, musical works, graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by Myhitrecord subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
Although Myhitrecord.com makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by Myhitrecord.com.
You agree not to download, display or use any Myhitrecord Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Myhitrecord, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Myhitrecord and/or its licensors, that dilutes the strength of Myhitrecord 's or its licensor's property, or that otherwise infringes Myhitrecord 's or its licensor's intellectual property rights. You further agree to in no other way misuse any Myhitrecord Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our DMCA and follow the instructions at that area. Users who believe that user-posted content includes infringing materials should go to our DMCA area as well.
Posting of Submitted Content
On areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:
• No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Myhitrecord. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Myhitrecord.
• No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Myhitrecord or as embedded in the Submitted Content unless expressly authorized in writing by Myhitrecord.
• Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
• Responsibility of Postings: You understand and acknowledge that Submitted Content is solely your responsibility, and that Myhitrecord is not responsible for the information, data, text or other materials that may appear in Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Myhitrecord, and Myhitrecord does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Myhitrecord prior to posting and Myhitrecord makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
• No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• No Monitoring/Violation Notices: Myhitrecord does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email us.
• User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. Myhitrecord may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if Myhitrecord deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. Myhitrecord assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
• No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Myhitrecord may be used by Myhitrecord anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License thereto, below.
Ownership of Posted Content and License and Payments
After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content. However you fully agree to allow Myhitrecord to be your distribution and sales outlet of your uploaded music and artistic works. This agreement is binding. This binding agreement can be dissolved by Myhitrecord, or at the written request of the artist.
Myhitrecord requires an additional contract to be signed in “ink” if you elect to be recorded by Myhitrecord and also be subject to these terms and the license described herein ("Submitted Content License").
Myhitrecord may delete any Submitted Content that in the sole judgment of Myhitrecord violates these Terms or the Submission Rules.
Artists shall be paid for the sales of their music/art on Myhitrecord.com per the “How This Site Works” section of this site. Payments to the artist shall be made quarterly, unless otherwise agreed between you and Myhitrecord.
Super Star artists that elected and agreed to be recorded by Myhitrecord, agree for Myhitrecord to be their exclusive representative, seller, distributor of their music/art Payments shall continue to be paid from sales of their music/art via Myhitrecord.com per the How This Site Works section of this site. However, Myhitrecord reserves the right to negotiate contracts with additional agencies, businesses, third parties, and entities. The payments to the artist shall be in line with the results of those negotiated contracts.
• Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to Myhitrecord a full use, exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
• Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.
Myhitrecord allows artists to request placement of their upcoming events on our calendar. Myhitrecord does not guarantee placement on the calendar. Myhitrecord does not guarantee accuracy of the calendar.
You agree to indemnify and hold Myhitrecord, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.
Your Obligations When Ranking Content
At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.
Third Party Websites
Disclaimers and Limitations of Liability
Myhitrecord makes no representations about the reliability of the features of this Site, the Myhitrecord Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Myhitrecord makes no representations regarding the amount of time that any Myhitrecord Content or Submitted Content will be preserved. Myhitrecord does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Myhitrecord without the prior review and written approval of Myhitrecord. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MYHITRECORD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL MYHITRECORD BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MYHITRECORD'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL MYHITRECORD'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH MYHITRECORD.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY MYHITRECORD>COM.
Both you and Myhitrecord acknowledge and agree that no partnership is formed. You are under contract with Myhitrecord. Myhitrecord has the power and the authority to obligate and bind you.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Oregon without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Oregon. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Myhitrecord, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and Myhitrecord regarding the use of the Site and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Myhitrecord shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
The failure of Myhitrecord to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Myhitrecord, shall not be deemed a breach of these Terms. If Myhitrecord fails to act with respect to your breach or anyone else's breach on any occasion, Myhitrecord is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.