Almost Homeless – Terms and Conditions

Thank you for your interest in the Almost Homeless – Ottawa project described here. Any audio and/or video recordings (your Recording) that you upload through this Google form is subject to these Terms and Conditions (Terms) so please read them carefully. By recording and/or uploading your Recording, you are stating that you have read, understood and agree to be bound by the Terms below. Composer, Frank Horvat (FH), operates this site and will be the sole creator of the ‘Almost Homeless – Ottawa’ composition.

You confirm, represent and warrant to FH, and you acknowledge that FH 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 audio performance; you personally made and submitted audio or video footage of your audio visual performance; 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 you or any other party.

In consideration of FH agreeing to consider your Recording for possible inclusion in the ‘Almost Homeless – Ottawa’ music composition (Composite Recording) (which Composite Recording will be created at the expense of FH and in reliance on your agreeing to these Terms) which you acknowledge is a good and valuable consideration, you grant FH 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. Without limiting or modifying FH’s rights with respect to use of the Recording, you specifically understand and agree that FH 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 FH (Composite Recording); (2) use the Composite Recording on a future commercially released album, as well as in marketing, publicity, advertising and promotion directly or indirectly related to the album (3) use the Composite Recording on https://frankhorvat.com and other such websites; (4) use the Composite Recording on sites or applications operated or authorized by FH as well as third-party sites such as Facebook, YouTube, and Instagram, etc.; (5) use the Composite Recording in public performances of all types across the universe.

Ownership of the ‘Almost Homeless – Ottawa’ musical composition, including the notation, lyrics and music remains with FH, the copyright holder, and to FH’s future successors and assigns.

You hereby waive any so-called “moral rights” with respect to the Recording, which are now or may hereafter be recognized by custom, usage or law.

You represent and warrant to FH 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 FH 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.

FH retains the right to remove or refuse any submissions in his sole discretion.

FH may amend these Terms. Any such amendment will be effective following either FH’s dispatch of a notice to you or FH’s posting of the amendment on the https://frankhorvat.com site.

You expressly agree that uploading a Recording is at your sole risk. FH is not responsible to you for the loss of any data or any unavailability caused by FH or any third party.

By agreeing to these Terms, you understand that to the extent permitted under applicable law, under no circumstances will FH 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 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 FH – whether or not solicited by FH – 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 FH in any way, and that you have no expectation of review, compensation or consideration of any type.

These Terms are governed by and construed in accordance with Canadian law.

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 FH shall be deemed a further or continuing waiver of such provision or any other provision, and failure by FH to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.