MAKE MUSIC SAN JOSE TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE LIMITATION ON LIABILITY SET FORTH THEREIN CAREFULLY AND ACKNOWLEDGE THE TERMS AND CONDITIONS AFTER READING THEM BY CLICKING ON THE BOX MARKED “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” (REFERRED TO HEREIN AS “THE ‘I AGREE’ BOX”) PRIOR TO USING THIS WEBSITE.

1. All references to “we”, “us” and “our” below, are references to Make Music San Jose, a project of the City of San Jose Office of Cultural Affairs (referred to herein as “Make Music San Jose”). All references to “you” or “your” are references to anyone who registers by email, at www.makemusicday.org/sanjose/, by telephone, or in person as a musician or performer, to provide a location for musicians or performers, or to otherwise participate in organizing and implementing any event that takes place in connection with Make Music San Jose (referred to herein as an “Event”). Other capitalized terms used herein shall have the meanings set forth herein.
2. We are the voluntary resource coordinators of Make Music San Jose, a unique international music event that will take place on or about June 21, 2021 in the City of San Jose. We match Make Music San Jose participants (e.g., musicians and performers) and volunteers (e.g., schools and other volunteers) with Make Music San Jose locations based on the information received via our website, by email, by telephone, or in person. To be involved in Make Music San Jose or any Event, you must submit a completed registration form available at makemusicday.org/sanjose/participate and agree to the terms and conditions you are now reading by clicking the “I AGREE” box. Your participation in Make Music San Jose or any Event is expressly conditioned on your acknowledgment and acceptance of these terms and conditions by clicking the “I AGREE” box. By clicking on the “I AGREE” box you agree to be legally bound by these terms and conditions by visiting our website and/or participating in Make Music San Jose or any Event. If for any reason you fail to click on the “I AGREE” box you will still be deemed to agree to be legally bound by these terms and conditions by visiting our website and/or participating in Make Music San Jose or any Event.
3. We are not your partner, agent or representative and no aspect of our relationship with you creates any fiduciary, partnership, agency, employment, trust at law or other similar relationship for any purpose whatsoever. You acknowledge and agree that we are not obliged to, nor will we make any, payment to you (royalty or otherwise) for your services as a Make Music San Jose musician or performer, your location for use as a Make Music San Jose venue, your equipment or your participation in any other respect in Make Music San Jose or any Event and will not reimburse you for any other costs or expenses associated with your participation in Make Music San Jose or any Event.
4. All registration forms completed by you (whether as a musician, performer or other participant in Make Music San Jose or any Event), including any information contained therein, will be our property, and you hereby assign to us any rights you may have therein. You may provide us with “Personal Information” in the space provided when you complete the registration form (e.g. your name, address and telephone number), but doing so will be at your sole option. We may use and communicate this Personal Information in the ways described in our privacy notice, a copy of which is available at http://makemusicday.org/sanjose/privacy-policy/
5. You hereby authorize, and grant all necessary rights to, us and our assignees, licensees, servants, employees, agents, representatives and other persons acting in similar capacities to make recordings (both audio-visual and audio only) of your performances at an Event (referenced to herein as the “Recordings”). We will use the Recordings for archival and promotional purposes only, and will not commercially release the Recordings in any format, including CDs or DVDs, unless we negotiate the relevant permissions and terms with you by separate agreement. We will own all rights (including copyright) throughout the world in perpetuity in the Recordings including the right to: (a) broadcast and/or communicate the Recordings to the public via television broadcast (both during the performances and from the Recordings); (b) communicate the Recordings over the internet; (c) communicate the Recordings to the public on radio (both for simulcast with the Performances and for simulcast with any later broadcast or transmission of the Recordings); (d) communicate the Recordings via screens around the venue (if applicable); (e) include the Recordings or excerpts from the Recordings on a video, CD, DVD or in other promotional material related to Make Music San Jose; (f) synchronize the Recordings with any media for any purpose set out in this paragraph; (g) reproduce the Recordings and (h) for other similar purposes without your prior consent. You will receive no payment for the uses of the Recordings. You acknowledge that we have the right to use your name, professional name, photographs, image, likeness, biography and any other information provided by you to us for any purposes connected with Make Music San Jose (including promotional purposes) without your prior consent.
6. To the extent permitted by law, we expressly exclude all express or implied terms, conditions, agreements, covenants, statements, assurances, representations and warranties in relation to Make Music San Jose or any Event. If any of the exclusions or limitations set out in these terms and conditions are declared illegal or void or if you claim that there has been a breach of a term, condition, statement, assurance, representation or warranty which cannot be excluded by these terms and conditions, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to us supplying our services again in the manner provided from time to time on our website. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.
7. We have no involvement in the running or production of any Event. Accordingly we do not accept any responsibility relating to the running or production of any Event, including: (a) if any Event in which you participate is not capable of running as planned; (b) if any Event in which you participate is canceled or suspended; (c) for any problems or technical malfunction associated with any Event in which you participate; (d) if your services are canceled or suspended; or (e) for any injury, loss or damage incurred or caused by you in connection with your participation in Make Music San Jose or an Event.
8. To the extent permitted by law, in no event shall we be liable for, and you release us from any claim for, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or lost profit, goodwill or business however arising and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) in connection with your participation in Make Music San Jose or an Event even if we were aware of the possibility of such damage or if such damage was foreseeable.
9. You undertake and agree to indemnify us and our directors, officers, employees, agents and representatives and keep us and each of such other persons fully indemnified against all causes of action, suits, claims, demands, liability, damages, costs or expenses (including any and all of our legal fees on an indemnity basis) arising from or relating to: (a) any breach of these terms and conditions or any express or implied representation, warranty, covenant or agreement by you; (b) any claim or action by any person arising out of any action or failure to act in connection with your participation in Make Music San Jose or an Event; and (c) any damage, injury or loss caused by or resulting from any willful act, bad faith, reckless disregard or negligence by you.
10. You agree that you will be liable for any direct or indirect loss or damage caused by you to any property of any Make Music San Jose venue, Make Music San Jose or any musician, performer, employee, agent or contractor of any Make Music San Jose venue or any other volunteer at any Make Music San Jose venue and for any unlawful or negligent act or omission by you.
11. The interpretation and enforcement of these terms and conditions will be governed shall be governed and construed in accordance with the laws of the State of California. In the event that suit shall be brought by either party to these terms and conditions, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.
12. Our failure to require your performance of any provision of these terms and conditions will not affect our full right to require such performance at any time thereafter. Our waiver of any provision in these terms and conditions will be a waiver of a particular application of the provision and not of the provision itself. If any of these terms and conditions are found by any court or other competent authority to be invalid, illegal, unlawful or unenforceable, then the remainder of these terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by law. In such event, we will be entitled to amend or replace the provision that is held to be invalid, illegal, unlawful or unenforceable with one that is valid, legal, lawful and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
13. Any modifications to these terms and conditions will be posted on the Make Music San Jose website at www.makemusicday.org/sanjose/participate. You will be bound by the version of the terms and conditions in existence at the time you register to participate in Make Music San Jose or any Event. Your continued participation in Make Music San Jose or any Event after any modifications to these terms and conditions shall constitute your acceptance of the modified terms and conditions.

If you have any questions regarding these terms and conditions, please contact sanjose@makemusicday.org

Effective Date: March 20, 2017

Make Music Day

Welcome to the Make Music San Jose, CA Matching Site

Welcome to the
Make Music San Jose, CA Matching Site