Terms & Conditions
Thank you for visiting the website of Deep Field (hereafter DF) located at https://virtualchoir5.com. Any audio and/or video recording of your performance that you upload through this site (your Recording) is subject to these Terms and Conditions (Terms) so please read them carefully. By browsing, registering, recording and/or uploading your Recording, you are stating that you have read, understood and agree to be bound by the Terms below. Music Productions Ltd (of Beasley’s Yard, High Street, Uxbridge, UB7 1JU) (Producer) operates this site and is creating DF in cooperation with, Eric Whitacre Inc (EWI).
You confirm, represent and warrant to the Producer, and you acknowledge that the Producer is relying on the following as a material inducement in receiving and potentially using your Recording, that as of creation and submission of your Recording: you personally gave the vocal performance in private (not a public performance) without instrumental or vocal accompaniment (live or pre-recorded); you personally made and submitted video footage of your audio visual performance of the music composition, ‘Deep Field’ composed by Eric Whitacre (your Recording); and, you are unconditionally entitled to give and make the consents, grants, waivers and agreements in these Terms without the need for permission from or payment to any other party.
You are responsible for maintaining your equipment and services required to access the recording and upload process for the DF. You agree that any information provided is accurate, current and true, and that you will not impersonate any other person.
In consideration of the Producer agreeing to consider your Recording for possible inclusion in a composite recording of the ‘Deep Field’ music composition (Composite Recording) (which Composite Recording will be created at the expense of Producer and in reliance on your agreeing to these Terms) which you acknowledge is a good and valuable consideration, you grant to Producer a perpetual, irrevocable, sublicensable and royalty-free license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, to use, exploit, reproduce, make available, edit, distribute, display, exhibit, modify, adapt, photograph, record, create derivative works, and otherwise use and permit others to use the submitted Recording throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, without liability, obligation, restriction, condition, compensation (no payment to you), credit or attribution, for any purpose whatsoever. Without limiting or modifying the Producer’s rights with respect to use of the Recording, you specifically understand and agree that the Producer will have the right, but not the obligation, to: (1) edit your Recording together with audio, visual or audio/visual material made by third parties to create a new composite recording, as it may be edited or modified from time to time in the sole discretion of the Producer (Composite Recording); (2) use the Composite Recording in the Deep Field film, as such film may be modified or reproduced from time to time (the Film) as well as in marketing, publicity, advertising and promotion directly or indirectly related to the Film (3) use the Composite Recording on https://ericwhitacre.com and https://virtualchoir5.com; (4) use the Composite Recording on sites or applications operated or authorized by Producer or EWI as well as third-party sites such as Facebook, YouTube, and Twitter; (5) use the Composite Recording in public performances of all types across the universe, and (6) while the Producer is not obligated to do so, the Composite Recording may be edited in a manner that your image may be visible, recognizable and identifiable, and accordingly, you grant and expressly consent to use of your image in the Composite Recording.
Ownership of the “Deep Field” musical composition, including the notation, lyrics and music made available on https://virtualchoir5.com (collectively, the “Music Materials”) remains with the copyright holder. Persons who are eligible to submit Recordings as described in these Terms are permitted to use the Music Materials solely to create your Recording for submission to DF and the Music Materials may not be otherwise used or reproduced in any manner whatsoever.
You hereby waive any so-called “moral rights” with respect to the Recording which are now or may hereafter be recognized by custom, usage or law.
As part of this process you agree not to violate any local or international laws, nor submit any inappropriate, libellous, or obscene material.
You represent and warrant to the Producer that as of creation and submission of your Recording, you are not (and were not) subject to any music publishing agreement, recording agreement, production agreement, union or guild agreement, or any other agreement which would interfere with your ability to create or submit your Recording or grant all of the rights to be granted under these Terms. Accordingly, you represent and warrant that you have the right to agree to these Terms without the need for permission from or payment to any other party and the exercise of the rights set forth herein by the Producer will not violate any of your rights or the rights of any other third party and will not violate any contractual obligations or confidential relationships which you may have with any third party.
The Producer retains the right to remove or refuse any submissions in their sole discretion.
We may amend these Terms. Any such amendment will be effective following either Producer’s dispatch of a notice to you or the Producer’s posting of the amendment on the DF site. If you do not agree to any change to these Terms, you must discontinue using the DF site. You are solely responsible for the security of your password and the confidentiality of the account through which you logged in to the Recording process for DF.
You expressly agree that uploading a Recording is at your sole risk. The Producer is not responsible to you for the loss of any data or any unavailability caused by the Producer or any third party.
By agreeing to these Terms, you understand that to the extent permitted under applicable law, under no circumstances will the Producer or any of their respective officers, directors, employees, agents, consultants, contractors, assigns, licensors or licensees (collectively, the Released Parties) be liable under any theory of liability for any incidental, indirect or exemplary damages of any known type without limitation. You agree to indemnify and defend the Released Parties from any claims, liabilities, damages, losses, costs, expenses or fees arising from your (or anyone using your account) violation of these Terms, including, but not limited to, matters related to use of your Recording in reliance on these Terms.
Submission of your Recording shall be governed by these Terms. In connection with anything else you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
These Terms are governed by and construed in accordance with English and Welsh law.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by the Producer shall be deemed a further or continuing waiver of such provision or any other provision, and failure by the Producer to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.