The AI Music Video Show Terms of Service

Effective Date: January 21, 2025

Introduction

Thank you for using The AI Music and Video Show ("AIMVS") and the services and features we make available to you as part of the platform (collectively, the "Service").

Agreement to Terms

By using or accessing the Service, you're agreeing to these terms and to the OCME governance framework, both of which may be updated from time to time (taken together, this "Agreement").

You explicitly authorize us to create any enabling accounts in your name with third party suppliers and websites including without limitation ocmeco.org to enable the proper delivery of the Service. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

If you're using the Service for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to "you", "your" and similar terms are construed accordingly in this Agreement. If you don't agree to all the terms in this Agreement, you may not use or access the Service.

Your Content

1.1 Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to AIMVS and other users of the Service, as described below.

1.2 License to AIMVS

By providing content to the Service, you grant to AIMVS a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service, including for the purpose of promoting and redistributing part or all of the Service.

1.3 License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your content through the Service, and to use that content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your content independent of the Service.

1.4 Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from the Service. You understand and agree, however, that AIMVS may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

1.5 Removing Your Content

You may remove your content from the Service at any time. You also have the option to make a copy of your content before removing it. You must remove your content if you no longer have the rights required by these terms.

Your Responsibilities

2.1 Only Use Content You're Allowed To Use

You represent and warrant that you own all rights to your content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your content via the Service and in the manner set forth in this Agreement. If we use your content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Service may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.

2.2 Your Videos Are Your Responsibility

You understand and agree that (a) your content is your responsibility; (b) you're solely responsible for compliance with any laws or regulations related to your content; and (c) your ability to create, share or otherwise use your content may be limited by the extent to which your content includes licensed content. We're not liable for, and won't provide you with any legal advice regarding,your content. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.

Copyright

Copyright Infringement

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law and are reported via the Copyright Report Form. We reserve the right, in our sole discretion and in accordance with applicable law (including the Digital Millennium Copyright Act of 1998), to delete or disable content alleged to be infringing, and to terminate Accounts for actual, apparent, or repeat infringement without any refunds.

Warranty Disclaimers

4.1 Disclaimers

To the fullest extent permitted by applicable law, AIMVS makes no warranties, either express or implied, about the Service. The Service is provided "as is" and "as available." AIMVS also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from AIMVS, shall create any warranty. AIMVS makes no warranty or representation that the Service will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.

4.2 Exceptions

Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 4.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

Limitation of Liability

Limitation of Damages

EXCEPT AS REQUIRED BY APPLICABLE LAW, AIMVS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

ANY INTERRUPTION OR CESSATION OF THE SERVICE;

ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

ANY CONTENT WHETHER SUBMITTED BY A USER OR AIMVS, INCLUDING YOUR USE OF CONTENT; AND/OR

THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

AIMVS AND ITS AFFILIATES' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT AIMVS HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO AIMVS, OF THE CLAIM; AND (B) USD $100.

6. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AIMVS, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Service;
• your violation of any term of this Agreement;
• your violation of any third party right, including without limitation any copyright, property, or privacy right;
• any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Service.

7. Additional Terms

7.1 Entire Agreement

This Agreement constitutes the entire agreement between you and AIMVS regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement.

7.2 Modifications

We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Service). The notice may designate a reasonable period after which the new terms will take effect. We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you must stop using the Service.

7.3 Events Beyond Our Control

We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Service resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

7.4 Governing Law

All claims arising out of or relating to these terms or the Service will be governed by New York law, except New York's conflict of laws rules, and will be litigated exclusively in the federal or state courts of New York County, New York, USA. You and AIMVS consent to personal jurisdiction in those courts.

7.5 Limitation on Legal Action

YOU AND AIMVS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.