Terms & Conditions
Thank you for visiting the website of Virtual Choir 6 (“VC6”) located at https://virtualchoir6.com. Any audio and/or video recording of your performance that you upload through this site (“your Recording”) is subject to these Terms and Conditions (“Terms”) so please read them carefully. By browsing, registering and/or uploading your Recording, you are stating that you have read, understood and agree to be bound by the Terms below. Music Productions Ltd (of Beasley’s Yard, High Street, Uxbridge, UB8 1JU, United Kingdom) (“Producer”) operates this site and is creating VC6 in cooperation with Eric Whitacre (“Co-Producer”).
You confirm, represent and warrant to the Producer, and you acknowledge that the Producer is relying on the following as a material inducement in receiving and potentially using your Recording, that as of creation and submission of your Recording: you personally gave the vocal performance in private (not a public performance); you personally made and submitted video footage of your audio visual performance of the music composition, ‘Sing Gently’ composed by Eric Whitacre; and, you are unconditionally entitled to give and make the consents, grants, waivers and agreements in these Terms without the need for permission from or payment to any other party.
You are responsible for maintaining your equipment and services required to access the recording and upload process for the VC6. You agree that any information provided is accurate, current and true, and that you will not impersonate any other person.
In consideration of the Producer agreeing to consider your Recording for possible inclusion in a composite recording of the ‘Sing Gently’ music composition (Composite Recording) (which Composite Recording will be created at the expense of Producer and in reliance on your agreeing to these Terms) which you acknowledge is a good and valuable consideration, you hereby grant to us all consents necessary to enable us to make the fullest use of your performance and the Recording throughout the universe in perpetuity by any and all means in any and all media, whether now known or hereafter developed or discovered, without liability (save as specifically hereinafter provided) or acknowledgement to you and grant to Producer a perpetual, irrevocable, sublicensable and royalty-free license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, to use, exploit, reproduce, make available, edit, distribute, display, exhibit, modify, adapt, photograph, record, create derivative works, and otherwise use and permit others to use the submitted Recording throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, without liability, obligation, restriction, condition, compensation (no payment to you), credit or attribution, for any purpose whatsoever. You agree that all copyright and similar rights in the Recording(s) shall be exclusively licensed to Producer (and this licence shall operate as a present licence of future copyright) and Producer shall have the full right to exploit the Recording(s) throughout the world in any manner whatsoever and through all media in perpetuity, without payment or liability to you or any party on your behalf. Without limiting or modifying the Producer’s rights with respect to use of the Recording, you specifically understand and agree that the Producer will have the right, but not the obligation, to: (1) edit your Recording together with audio, visual or audio/visual material made by third parties to create a new composite recording, as it may be edited or modified from time to time in the sole discretion of the Producer (Composite Recording); (2) use the Composite Recording in the Virtual Choir 6 film, as such film may be modified or reproduced from time to time (the Film) as well as in marketing, publicity, advertising and promotion directly or indirectly related to the Film (3) use the Composite Recording online including but not limited to https://youtube.com, https://ericwhitacre.com and https://virtualchoir6.com; (4) use the Composite Recording on sites or applications operated or authorized by Producer or EWI as well as third-party sites such as Facebook, Instagram, and Twitter; (5) licence any or all of their rights to others in their sole discretion and (6) while the Producer is not obligated to do so, the Composite Recording may be edited in a manner that your image may be visible, recognizable and identifiable, and accordingly, you grant and expressly consent to use of your image in the Composite Recording.
Ownership of the “Sing Gently” musical composition, including the notation, lyrics, audio, video and music made available on https://virtualchoir6.com (collectively, the “Music Materials”) remains with the copyright holder. Persons who are eligible to submit Recordings as described in these Terms are permitted to use the Music Materials solely to create your Recording for submission to VC6 and the Music Materials may not be otherwise used or reproduced in any manner whatsoever. For the avoidance of doubt, you must not distribute the sheet music to others for any performances other than your solo recording for VC6.
You hereby waive the benefits of and agree not to assert any provision of any so-called “moral rights” with respect to the Recording which are now or may hereafter be recognized by custom, usage or law.
As part of this process you agree not to violate any local or international laws, nor submit any inappropriate, libellous, or obscene material and warrant and undertake to us (a) that you are fully entitled to give the Recording to us, (b) that nothing in the Recording (whether by way of inflection or gesture or otherwise) will infringe the copyright or any other right of any person, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or be calculated to bring us or our licensees into disrepute.
You acknowledge that your performance in the Recording is not a professional performance and you understand that no fees or expenses are payable to you for your contribution now or at any time in perpetuity and represent and warrant to the Producer that as of creation and submission of your Recording, you are not (and were not) subject to any music publishing agreement, recording agreement, production agreement, union or guild agreement, or any other agreement which would interfere with your ability to create or submit your Recording or grant all of the rights to be granted under these Terms. Accordingly, you represent and warrant that you have the right to agree to these Terms without the need for permission from or payment to any other party and the exercise of the rights set forth herein by the Producer will not violate any of your rights or the rights of any other third party and will not violate any contractual obligations or confidential relationships which you may have with any third party.
The Producer retains the right to remove or refuse any submissions in their sole discretion.
You expressly agree that uploading a Recording is at your sole risk. The Producer will use best endeavours to protect your data but is not responsible to you for the loss of any data or any unavailability caused by the Producer or any third party.
By agreeing to these Terms, you understand that to the extent permitted under applicable law, under no circumstances will the Producer or any of their respective officers, directors, employees, agents, consultants, contractors, assigns, licensors or licensees (collectively, the Released Parties) be liable under any theory of liability for any incidental, indirect or exemplary damages of any known type without limitation. You agree to indemnify and defend the Released Parties from any claims, liabilities, damages, losses, costs, expenses or fees arising from your (or anyone using your account) violation of these Terms, including, but not limited to, matters related to use of your Recording in reliance on these Terms.
Submission of your Recording shall be governed by these Terms. In connection with anything else you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by the Producer shall be deemed a further or continuing waiver of such provision or any other provision, and failure by the Producer to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are governed by and construed in accordance with English and Welsh law.