Our Privacy Policy And Terms And Conditions This is important. Please, read it carefully.




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    The Open Mic’s Privacy Policy

    It is The Open Mic’s policy to respect your privacy regarding any information we may collect while operating our website.

    Website Visitors

    Like most website operators, The Open Mic collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The Open Mic’s purpose in collecting non-personally identifying information is to better understand how The Open Mic’s visitors use its website. From time to time, The Open Mic may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

    The Open Mic also collects potentially personally-identifying information like Internet Protocol (IP) addresses. The Open Mic does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

    Gathering of Personally-Identifying Information

    Certain visitors to The Open Mic’s website choose to interact with The Open Mic in ways that require The Open Mic to gather personally-identifying information. The amount and type of information that The Open Mic gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at TheOpenMic.co to provide a username, first and last name and email address. The Open Mic collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with The Open Mic. The Open Mic does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

    Aggregated Statistics

    The Open Mic may collect statistics about the behavior of visitors to its website. The Open Mic may display this information publicly or provide it to others. However, The Open Mic does not disclose personally-identifying information other than as described below.

    Protection of Certain Personally-Identifying Information

    The Open Mic discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on The Open Mic’s behalf or to provide services available at The Open Mic’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using The Open Mic’s website, you consent to the transfer of such information to them. The Open Mic will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, The Open Mic discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when The Open Mic believes in good faith that disclosure is reasonably necessary to protect the property or rights of The Open Mic, third parties or the public at large. If you are a registered user of an The Open Mic website and have supplied your email address, The Open Mic may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with The Open Mic and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. The Open Mic takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

    Cookies

    A cookie is a string of information that a website stores on a visitor’s computer and that the visitor’s browser provides to the website each time the visitor returns. The Open Mic uses cookies to help The Open Mic identify and track visitors, their usage of The Open Mic website, and their website access preferences. The Open Mic visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using The Open Mic’s website, with the drawback that certain features of The Open Mic’s website may not function properly without the aid of cookies.

    Privacy Policy Changes

    Although most changes are likely to be minor, The Open Mic may change its Privacy Policy from time to time, and in The Open Mic’s sole discretion. The Open Mic encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

    This Privacy Policy was crafted from WordPress.com’s version, which is available under a Creative Commons Sharealike license.

    The Open Mic Terms Of Service

    Effective Date: 31/10/2015

     

    These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with https://theopenmic.co website (the “Service”, “The Open Mic”, “Website”) operated by The Open Mic (“us”, “we”, or “our”).

    We know that this where many people normally just press Skip, because everything that you’ll read below doesn’t look like human language. Nevertheless, we really encourage you to read these Terms of Service carefully before using The Open Mic. Not only because they govern our relationship, but because you can leave your suggestions and help us serve you even better.

    Your access to and use of The Open Mic is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use The Open Mic.

    By accessing or using The Open Mic, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use The Open Mic.

    Content

    Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

    By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

    You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

    We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

    You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

    We will never sell your content to third parties or add any advertisement into your content without your explicit permission.

    You have the right to delete your content anytime. You can also delete your account, in that case, all of your content will be permanently deleted from the Service.

    Accounts

    When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

    You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of copyright@theopenmic.co and include in your notice a detailed description of the alleged Infringement.

    You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

    Intellectual Property

    The Service and all contents, including but not limited to text, images, graphics or code are the property of The Open Mic and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of The Open Mic or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

    The Service may contain links to third-party web sites or services that are not owned or controlled by The Open Mic.

    The Open Mic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Open Mic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

    Termination

    We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

    All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

    Indemnification

    You agree to indemnify, defend and hold harmless The Open Mic, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

    These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

    Limitation Of Liability

    The Open Mic, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

    Disclaimer And Non-Waiver of Rights

    The Open Mic makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

    The Open Mic its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

    If you breach any of these Terms and The Open Mic chooses not to immediately act, or chooses not to act at all, The Open Mic will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. The Open Mic does not waive any of its rights. The Open Mic shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

    You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

    Exclusions

    As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

    Governing Law

    These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

    If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

    Changes

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

    By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

    Contact Us

    If you have any questions about these Terms, please contact us at: yourfriends@theopenmic.co.

    Thank You For Reading This

    Phew!

    You’ve made it to the end!

    Congratulations!

    You know, a lot of people hate this legal stuff, but we’re afraid something as massive as The Open Mic simply cannot exist without it.

    So kudos to you for sitting through those long, boring passages.

    This calls for a celebration!

    How about some non-alcoholic mojito? 😉

    Cheers from Toronto!

    Dmitry Kornyukhov

    About Dmitry Kornyukhov

    Founder of The Open Mic. English-Russian Translator. Video game localization specialist. Helping small and medium-sized businesses go global. Loving every minute of it.

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