Welcome to Openingact.com! Openingact.com is the world’s leading platform for online music competitions, enabling fans to discover and interact with new music, bands and artists. Most importantly Openingact.com enables bands to excel in their musical careers. The Openingact.com service is available through our Web site, located at http://www.openingact.com.

NOTICE TO USER: These terms of use outline your rights and responsibilities as a user of the Openingact.com service, owned by the company Opening Act AB, Sweden. You retain all rights in any media or content you create and present on Openingact.com. You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on Openingact.com. Openingact.com will not tolerate known infringements or misbehavior by its users. It is Openingact.com’s policy to terminate the accounts of known repeat infringers. THIS IS A CONTRACT. By using or visiting this Web site (collectively, including all Member Content available through the Openingact.com.com domain name, the “Openingact.com Site” or “Site”) or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

This Openingact.com Terms of Service Agreement (”Agreement”) is a legal agreement between you, either an individual or a single entity or your qualified legal representative (”You”), and Openingact.com. This document describes the terms and conditions that cover the use of the Openingact.com service (”Service”) and the Openingact.com Site, available at http://www.Openingact.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a “material change” will be at the sole and exclusive discretion of Openingact.com. You can find the most recent version of this Agreement at http://www.Openingact.com/terms, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the Openingact.com Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info@Openingact.se.

1. Use of the Site and Service

• Your Account

  Once you register for the Service, you will have a username, password and an account with a custom URL. Please note that Openingact.com may opt to disallow or remove a particular username or custom URL at its sole discretion. You may never use another’s account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Openingact.com of any unauthorized use of your account or any other breach of security known to you. Although Openingact.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Openingact.com or others due to such unauthorized use. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

• Openingact.com’s Intellectual Property Rights

  All content (with the exception of Member Content, as defined below) of the Openingact.com Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (”Content”) are: Copyright © Openingact.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of Openingact.com and/or its suppliers, affiliates, or licensors. All rights reserved.

• Member Content

  Openingact.com does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials (”Member Content”) you post, store, or exchange through the Openingact.com Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not Openingact.com, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Service. To the extent that Openingact.com provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Openingact.com, its contractors, and the users of the Openingact.com Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the Openingact.com Site or Service. This license does not grant Openingact.com the right to sell Member Content or otherwise distribute it outside of Openingact.com’s Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of Openingact.com’s Site or Service.

  Member Content posted by users and other non-Openingact.com contributors are generally not reviewed by Openingact.com. Accordingly, Openingact.com does not guarantee the accuracy, integrity or quality of such Member Content. Openingact.com will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Openingact.com, in its sole discretion, deems to be (a) inconsistent with Openingact.com’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, Openingact.com has the right to remove any content if Openingact.com has reason to believe that displaying such content may infringe the rights of a third party or subject Openingact.com to expense or liability. Please notify us at info@Openingact.se.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

  Openingact.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit Openingact.com’s response to a future complaint. You acknowledge and agree that Openingact.com will not assume or have any liability for any action or inaction by Openingact.com with respect to any Member Content.

• Copyrights, Trademarks, Patents and Intellectual Property Rights on Member Content

  You acknowledge that Member Content transmitted on or through the Openingact.com web site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Openingact.com respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on Openingact.com. Openingact.com will not tolerate known infringements or misbehavior by its users. It is Openingact.com’s policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.

  If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Openingact.com, at info@openingact.se.

• Please provide the following Notice:
  • Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • Identify the material on the Openingact.com service that you claim is infringing, with enough detail so that we may locate it on the service;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.
  Openingact.com will forward this information to the alleged infringer
  
  
• Standards of Conduct

  We reserve the right to terminate an account when the user’s expression infringes on Openingact.com’s or other users’ rights, including intellectual property and privacy rights. Loss of your account for any reason, including but not limited to violations of the Standards of Conduct, may result in the loss of products and services purchased by or for such account, without the right to recompense. We may also limit the conduct of users that users find objectionable. Without limitation, Openingact.com reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Openingact.com Site from time to time:

  1. You will not use Openingact.com for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.

  2. You will not use Openingact.com for any activity that constitutes harassment.

  3. You will not attempt to interfere with any other person’s use of the Site or Service.

  4. You will not use any other user’s personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.

  5. You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.

  6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.

  7. Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with Openingact.com.

  8. You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.

  9. You will not use the Site or Service to collect or harvest personally identifiable information, including account names.

  10. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

  11. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

  12. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful to minors in any way.

  13. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  14. You will not attempt to gain unauthorized access to Openingact.com’s database or other computer systems or to circumvent, disable or otherwise interefere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.

  15. You will not reformat or frame any portion of the Web pages that are part of the Site.

  16. You will not use Openingact.com for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.

  17. You will not use the Site or Service or any information contained within for commercial gain, including use of branded trademarks in graphical displays on the Site or Service. However, Openingact.com reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.

  18. You will not use the Service to post Openingact.com flash widgets on third party Web sites in violation of such Web site’s terms of use.

  All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of Openingact.com.

• Violations of Agreement

  You may report violations of the Openingact.com standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to info@Openingact.se. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

  2. Representations and Warranties

  By completing the membership registration process, you are representing and warranting that:

  • a. You are over the age of majority and can form a legally binding contract under applicable law.
  • b. You have provided true, accurate, current and complete information about yourself as prompted in the registration process.
  • c. You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with Openingact.com and other users and will abide by the rules set forth by Openingact.com or the community.
• Third Party Content, Sites, and Services

  The Site and/or Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.

• Privacy and Security

  Openingact.com has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.Openingact.com.com/Privacy

  Your use of the Site and/or Service signifies acknowledgment of and agreement to Openingact.com’s Privacy Policy. You further acknowledge and agree that Openingact.com may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Openingact.com, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

  Users are solely responsible for the privacy of their own Member Content. The Site and Service are designed for users to use privacy settings to determine the visibility of data throughout the Service, and to limit its spread to other systems.

  Openingact.com uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing your private Member Content or personal information.

• Disputes

  If there is a dispute between users or between users and any third party, you understand and agree that Openingact.com is under no obligation to become involved. In the event that you have such a dispute, you hereby release Openingact.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

• Disclaimer of Warranty

  Openingact.com intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, Openingact.com may make changes and improvements to the information provided herein at any time.

  OPENINGACT.COM PROVIDES THE SITE AND SOFTWARE TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENINGACT.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENINGACT.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENINGACT.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

• Limitation of Liability

  UNDER NO CIRCUMSTANCES WILL OPENINGACT.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OPENINGACT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER’S USE OR MISUSE OF THE SITE. SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, OPENINGACT.COM’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO OPENINGACT.COM FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

• Changes from third party

  Openingact.com intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In cases where third party distributor of service or products (artist, artist management, venues, concert organizers, etc.) fail to complete the agreement with Openingact.com, Openingact.com will not stand responsible to you that agree with these terms of use. Such a situation can be; a cancellation of an event, change in event time, change of location, compensation to performer, etc. Openingact.com will help and guide you in such situations.

• Indemnification

  You agree to indemnify and hold Openingact.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Site or Service, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold Openingact.com harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to your violation of this Agreement.

• Term and Termination

  The term of this Agreement will commence when you register for the Service and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and Service. You agree that Openingact.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Service, for any reason, including, without limitation, if Openingact.com believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Openingact.com will not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site or Service after said termination. Sections 5-12 will survive termination of this Agreement.

• Modifications

  Openingact.com reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Openingact.com’s sole discretion. The most up to date version of this Agreement will be posted on the Openingact.com Site at: http://www.Openingact.com.com/terms

  As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

  You acknowledge that Openingact.com reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that Openingact.com will not be liable to you or to any third party for any such modification, suspension or discontinuance.

  Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with Openingact.com in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify Openingact.com of termination.

  Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use.

• General

  This Agreement constitutes the entire agreement between you and Openingact.com and governs your use of the Site or Service, superseding any prior agreements between you and Openingact.com. This Agreement will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Use will be filed in a court of competent jurisdiction sitting in San Francisco County, California. Both parties consent to exclusive jurisdiction in that county. The failure of Openingact.com to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  Openingact.com may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to Openingact.com in writing via email or as otherwise expressly provided by Openingact.com. Openingact.com may broadcast, distribute or display notices or messages on the Site, through the Service or via email to inform you of changes to Openingact.com, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.

Revised on November 17, 2009