Privacy

The Open Mic’s Privacy Policy

Effective date: May 23, 2018

Hello friend.

Here, at The Open Mic, we take the privacy of our members seriously.

Here’s a brief summary of our Privacy Policy for your convenience (the full version can also be found below and we encourage you to read this in its entirety to better understand your rights and obligations, as well as our rights and obligations):

  • Your personal information collected from account registration forms that can be found on our website, as well as payment forms if you make a donation to support our community or become an official sponsor, advertising partner or a paying customer of The Open Mic.
  • The Open Mic never shares, rents or sells your personal information to anyone else.
  • Your personal information is only shared between platforms that we use internally, like: WordPress, Stripe, Paypal, Zapier and MailChimp. They have secure systems in place to safely store your data.
  • These internal platforms help us maintain and offer our website and services to you.
  • Some data (IP, location, browser, your device type, referrer, etc) is collected via Google Analytics but not shared, rented or sold to anyone else.
  • If you want the data that’s been collected please, send us an email with a subject “Data Request” to yourfriends@theopenmic.co and indicate your full name and email address that you used to register on The Open Mic.
  • We will process your request free of charge and as early as possible and always within one month.
  • If you want to opt out of any communication, you can always click “Unsubscribe” button or follow the instructions on how to update your email preferences, located in every single email (usually at the bottom).
  • If you want your data to be deleted you can delete your Open Mic profile (this article explains how).
  • If you delete your Open Mic account, your data will be deleted from our server without any chance of it being recovered (this includes your profile, your articles and your comments).
  • Your data is stored on our cloud server, hosted by Siteground in the United States of America.
  • Our hosting provider Siteground is laser-focused on security by default. We always encrypt your data when storing and processing it;
  • We store your name, email, IP and personalization details that you may choose not too provide in your profile (for example, your languages, fields of expertise, short bio, etc).
  • Your data is stored as long as you are a registered member of The Open Mic or past or active sponsor or advertising partner of The Open Mic.
  • Your data is never sold or rented to anyone and only shared with internal platforms that help us run The Open Mic.
  • If there is a data breach, you will be notified within 72 hours—but only if you didn’t opt out of receiving communications from us.

This was a brief summary that covers some of the key aspects. If you’re interested in learning more, we invite you to explore our full privacy policy below.

Your privacy is critically important to us. At The Open Mic, we have a few fundamental principles:

  • We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
  • We store personal information for only as long as we have a reason to keep it.
  • We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
  • We help protect you from overreaching government demands for your personal information.
  • We aim for full transparency on how we gather, use, and share your personal information.

Below is our Privacy Policy, which incorporates and clarifies these principles.

Who We Are and What This Policy Covers

Howdy! We are an online community designed for freelance translators and interpreters, as well as people who’re looking for freelance translators and interpreters. We offer a blogging platform to our registered members (translators and interpreters) and strongly believe in promoting the image of our profession.

This Privacy Policy applies to information that we collect about you when you us our websites (including theopenmic.co, forum.theopenmic.co, invoices.theopenmic.co, sponsors.theopenmic.co and academy.theopenmic.co).

Throughout this Privacy Policy we’ll refer to our websites, and other products and services collectively as “Services.”

Please note that this Privacy Policy does not apply to any of our products or services that have a separate privacy policy.

Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

 

Information We Collect

We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.

We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:

  • Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a TheOpenMic.co account to provide a username, first and last name and email address–and that’s it.
  • Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a TheOpenMic.co account, your username is part of that public profile, along with any other information you put into your public profile, such as a photo or description of the types of services your provide, you contact details or information in your My Biography and Experience section. Your public profile information is public by default so please keep that in mind when deciding what information you would like to include. We, however offer you a set of features that allow you to control your profile privacy from your Account Settings screen, making your profile visible to just you, your followers or only people who you follow on TheOpenMic.co.
  • Transaction and Billing Information: If you buy something from us, for example, a sponsorship package in order to become an official sponsor of The Open Mic, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
  • Content Information: Depending on the Services you use, you may also provide us with information about you in draft and published content. For example, if you write an article that includes biographic information about you, we will have that information, and so will anyone with access to the Internet if you choose to publish the post publicly on TheOpenMic.co or any other our site. This might be obvious to you…but it’s not to everyone!
  • Communications With Us (Hi There!): You may also provide us information when you respond to surveys, communicate with our Support Team about a support question, or post a question in our public forums.

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services–for example, when you create or make changes to your profile on our websites.
  • Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site, in other words, who did what, when and to what thing on a site (e.g., [TheOpenMic.co username] deleted “[title of post]” at [time/date]). We also collect information about what happens when you use our Services (e.g., page views, support document searches at https://theopenmic.co/knowledge-base/, and interactions withother parts of our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
  • Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.
  • Interactions with Other Users’ Sites: We collect some information about your interactions with other users’ content on our sites while you are logged in to your account with us, such as the fact that you commented on a particular post, so that we can, for example, recommend posts we think may interest you. As another example, we collect information about the comments you make while logged in to your account, and use that information to, for example, show your comments in your TheOpenMic.co profile.
  • Information from Cookies & Other Technologies: 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. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. The Open Mic uses cookies to help us identify and track visitors, usage, and access preferences for our Services. You can always block cookies from your browser but please not that in that case, our Services might become partially unavailable.

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you create or log into your TheOpenMic.co account through another service (like Google) or if you connect your website or account to a social media service (like Twitter) through our Identity Verification feature, we will receive information from that service (such as your username, and basic profile information, including your name and profile photo) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available.

We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.

How And Why We Use Information

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

  • To provide our Services–for example, to set up and maintain your account, host your website, backup and restore your website, or charge you for any of our paid Services;
  • To further develop and improve our Services–for example by adding new features that we think our users will enjoy;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze who continue to use our Services after a certain length of time;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of The Open Mic and others, which may result in us declining a transaction or the use of our Services;
  • To communicate with you, for example through an email, about offers and promotions offered by The Open Mic and others we think will be of interest to you, solicit your feedback, or keep you up to date on The Open Mic and our products and to help you get the most our of your The Open Mic account; and
  • To personalize your experience using our Services, provide content recommendations (for example, through our “You might also enjoy reading these articles” feature or through your personal feed of articles from people you follow on our platform), target our marketing messages to groups of our users (for example, those who have a particular account type with us or have been our user for a certain length of time), and serve relevant advertisements.

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:

(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a purchase; or

(2) The use is necessary for compliance with a legal obligation; or

(3) The use is necessary in order to protect your vital interests or those of another person; or

(4) We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or

(5) You have given us your consent–for example before you can register for an account on The Open Mic, we ask you to read our Privacy Policy and Terms of Use and give your consent.

No Children Under Age 18

The Services are not intended for use by anyone under the age of 18, nor does The Open Mic knowingly collect or solicit personal data from anyone under the age of 18. If you are under 18, you may not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal data from someone under the age of 18 without verification of parental consent, we will delete that data promptly. If you are a parent or legal guardian of a child under 18 and believe that we might have any data from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.

Sharing Information

How We Share Information

We do not sell our users’ private personal information.

We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

  • Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
  • Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers), and companies that make products available on our websites (such as the extensions on WooCommerce.com), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
  • Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request.
  • To Protect Rights, Property, and Others: We may disclose information about you when we believe 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. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
  • Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that The Open Mic goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
  • With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your site through our Identity Verification feature.
  • Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
  • Published Support Requests: And if you send us a request (for example, via a support forum or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

Information Shared Publicly

Information that you choose to make public is–you guessed it–disclosed publicly.

That means, of course, that information like your public profile, articles, forum posts, and other content that you make public on our website, and your comments on other people’s articles, are all available to others–and we hope you get a lot of views!

For example, the photo that you upload to your public profile, or a default image if you haven’t uploaded one, is your Avatar. Your Avatar, along with other public profile information, will display with the comments and posts that you make on other users’ articles or our forum and other sites while logged in to your TheOpenMic.co account. Your Avatar + public profile information may also display with your comments in your profile or underneath the articles that your publish on our website.

We also have an private directory of all our members available to all our registered members (you may choose to hide yourself from all our directories but in that case other members and potential customer might not be able to contact you on our site).

Public information may also be indexed by search engines or used by third parties.

Please keep all of this in mind when deciding what you would like to share.

How Long We Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it.

For example, we keep the web server logs that record information about a visitor to one of The Open Mic’s websites, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to The Open Mic’s websites and investigate issues if something goes wrong on one of our websites.

As another example, when you delete a post, an article, or comment from our sites, they may stay in a Trash folder for thirty days just in case you change your mind and would like restore that content–because starting again from scratch is no fun, at all. After the thirty days are up, the deleted content may remain on our backups and caches until purged. If you want to restore an accidentally deleted content, please open a support ticket and we’ll see what we can do.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. The information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Choices

You have several choices available when it comes to information about you:

  • Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services, for example, being featured in our directory of translators, may not be accessible.
  • Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages (normally you can just click “Unsubscribe” at the bottom of each such email or Update your email preference to choose what promotional email you’d like to receive. If you opt out of promotional messages, we may still send you other messages, like those about your account activity (automated emails about new private messages or when someone follows you on The Open Mic) and legal notices.
  • Set Your Browser to Reject Cookies: At this time, The Open Mic does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using The Open Mic’s websites, with the drawback that certain features of The Open Mic’s websites may not function properly without the aid of cookies.
  • Delete Your Account: While we’d be very sad to see you go, if you no longer want to use our Services 🙁 🙁 🙁 :(, you can delete your TheOpenMic.co account. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.

Your Rights

If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, just send us an email at yourfriends@theopenmic.co and we’ll be happy to assists you with your request as soon as we can and always within one month.

EU individuals also have the right to make a complaint to a government supervisory authority.

Controllers and Responsible Companies

The Open Mic’s Services are worldwide. Generally, the “controller” is the The Open Mic company that entered into the contract with you under the Terms of Service for the the product or service you use.

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us.

Other Things You Should Know (Keep Reading!)

Transferring Information

Because The Open Mic’s Services are offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. This is required for the purposes listed in the How and Why We Use Information section above. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law. These measures include:

  • In the case of US based entities, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield; or
  • In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.

You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.

Ads and Analytics Services Provided by Others

At the moment we do not work with advertising networks and as you noticed we keep ads to a minimum. We have advertising partners and monthly sponsors who purchase our Sponsor’s Packages in exchange for a promotion of their service, website, platform or event on our websites.

Please note that we never share your personal data with these advertisers and sponsors unless you ask us to do so (for example, if you want to reach out to on of our advertising partners to discuss their service or ask them for additional discount for their product).

Privacy Policy Changes

Although most changes are likely to be minor, The Open Mic may change its Privacy Policy from time to time. The Open Mic encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage (there’s a changelog icon next to our logo and a What’s new link in the menu) or in the form of an article or sending you a notification through email or private message on our platform). Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.

That’s it! Thanks for reading.

Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer, Dmitry Kornyukhov at dmitry@theopenmic.co or by mail at:

[The Open Mic] [Re: Privacy Compliance Officer] [400 Adelaide Street East, 107, Toronto, ON, M5A 4S3, Canada]

Change log

  • May 24, 2018: Added more specific information to help clarify our practices, included information our 3rd party services, and added information to reflect the requirements of the EU’s General Data Protection Regulation.
  • October 31, 2015: The Privacy Policy has been created and published.

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: May 23, 2018

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with our websites, including theopenmic.co, forum.theopenmic.co, invoices.theopenmic.co, sponsors.theopenmic.co and academy.theopenmic.co (collectively called the “Service”, “The Open Mic”, “Websites”) 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, registering for an account 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 and don’t register for an account.

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 yourfriends@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.

Change log:

  • May 23, 2018: Updated to reflect all our website, including theopenmic.co, forum.theopenmic.co, invoices.theopenmic.co, sponsors.theopenmic.co and academy.theopenmic.co. Also: fixed a few typos and broken links and added a paragraph that restricts minors from accessing our Services without parental consent;
  • October 31, 2015: Terms of Service were first published.

Thank You For Reading This, friend

Phew!

You’ve made it to the end!

Congratulations, friend!

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! 🍹