Terms and Conditions
We appreciate your visit to Sing With Esther (“Sing”) at www.SingWithEsther.com. We’re excited that you are considering participating, and are eager to listen to your singing and hearing your feedback. This document includes general terms, along with information that is specific for Individual Singers (who have signed up during our earlier “Virtual Choir” initiative, and information that is specific for Choir Directors.
1) When you browse this site, upload/share your feedback, your audio, or your video recording(s) of your performance through either through this site or directly to the Sing with Esther team (collectively, your “Recording”) it is subject to these Terms and Conditions (“Terms”), and by doing so you acknowledge that you have read, understood and agree to be bound by the Terms below. Pinetree Advisors Inc. of Toronto, Ontario, Canada (“Producer”) both holds all rights to the music, and operates this site and related initiatives. If you are a Choir Director accepted into our choir director program, you also acknowledge that you have the authority to bind your choir to this agreement.
2) As part of this process you agree not to violate any local or international laws, nor submit any inappropriate, libellous, or obscene material and warrant and undertake to us (a) that you are fully entitled to give the Recording or Feedback to us, (b) that nothing in the Recording or Feedback (whether by way of gesture, inflection, or otherwise) will infringe the copyright or any other right of any person or organization, breach any contract or duty of confidence, constitute a contempt of court, be defamatory or bring us or our licensees into disrepute. The Producer retains the right to remove or refuse any submissions in their sole discretion.
3) You acknowledge that your Feedback or your performance in the Recording is not a professional performance or professional service, and you understand that no fees or expenses are payable to you for your contribution now or at any time in perpetuity and represent and warrant to the Producer that 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. You further 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. You also acknowledge that you have had the opportunity to obtain independent legal advice prior to entering into this agreement.
4) The Producer will use commercially reasonable efforts to protect your data but is not responsible to you for the loss of any data or any unavailability caused by the Producer or any third party.
5) You expressly agree that any and all risks for uploading your Feedback and your Recording are exclusively yours. 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, punitive, direct, indirect or exemplary damages of any known type, or for any reason, 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’s) violation of these Terms, including, but not limited to, matters related to use of your Recording or Feedback in reliance on these Terms.
6) Submission of your Feedback or Recording shall be governed by these Terms. You agree that creative ideas, suggestions or other materials you submit to us – whether or not we ask for them – 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 confidentiality, review, compensation or consideration of any type. For personal information submitted upon registration, while we use cloud services to house your personal information, we do not share your personal information with any third party. We use cookies to track site usage.
7) You are responsible for maintaining your equipment and services required to access the recording and upload process for Sing. You agree that any information provided is accurate, current and true, and that you will not impersonate any other person.
8) If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision (or part thereof) shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms do not expire.
9) 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.
10) These Terms are governed by the laws of the province of Ontario, Canada.
For individual singers:
11a) 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: you personally gave the vocal performance in private (not a public performance); you personally made and submitted video footage of your audio visual performance of the music from the musical Who is Esther, composed by Randall Craig; 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. Furthermore, you confirm that you are over 18, or if under this age, that you have the explicit permission of your parent or legal guardian to participate.
12a) In consideration of the Producer agreeing to consider your Recording and Feedback for possible inclusion in a composite recording of the ‘Sing’ 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 hereby grant to us all consents necessary to enable us to make the fullest use of your performance and the Recording throughout the universe in perpetuity by any and all means in any and all media, whether now known or hereafter developed or discovered, without liability (save as specifically hereinafter provided) or acknowledgement to you and 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. You agree that all copyright and similar rights in the Recording(s) shall be exclusively licensed to Producer (and this licence shall operate as a present licence of future copyright) and Producer shall have the full right to exploit the Recording(s) throughout the world in any manner whatsoever and through all media in perpetuity, without payment or liability to you or any party on your behalf. 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 Sing film or not, 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 online including but not limited to www.youtube.com, www.WhoIsEsther.com, and www.SingWithEsther.com; (4) use the Composite Recording in the real world, as well as on sites or applications operated or authorized by Producer, as well as third-party sites such as Facebook, Instagram, and Twitter; (5) licence any or all of their rights to others in their sole discretion (6) use the Recording, the Composite Recording, and any Feedback that you provide to market and improve future Esther music, and (7) 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.
13a) Ownership of the music from Sing with Esther and Who is Esther, including the notation, lyrics, audio, video and music made available on www.singwithesther.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 their Recording for submission to Sing and the Music Materials may not be otherwise used or reproduced in any manner whatsoever. For the avoidance of doubt, you must not distribute the sheet music to others for any performances other than your solo recording for Sing, nor may you license or sell your solo recording to third parties, without a royalty agreement from the producer. You waive any “moral rights” with respect to the Recording or feedback which are now or may hereafter be recognized by custom, usage or law.
For choir directors accepted into our choir director program:
11b) 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: you personally led the choir and filmed (or authorized the filming of) the performance; you personally submitted or caused to be submitted the video footage of your audio visual performance of the music from the musical Who is Esther, composed by Randall Craig; and, you have the authority and are unconditionally entitled to give and make the consents, grants, waivers and agreements in these Terms on behalf of your organization, without the need for permission from or payment to any other party. You also guarantee that each of the members of your choir who appear on the video have given their consent to appear on the video; if a cause of action of any kind is brought against the Producer or its agents by anyone connected with your choir for reasons of no consent, then you agree to hold the Producer and its agents harmless. Furthermore, you confirm that for any singers within your choir who are under the age of 18, that you have explicit permission from their legal guardian for them to participate, be recorded, and be in any video that you provide to the Producer.
12b) In consideration of the Producer agreeing to review your Recording and your participation in the program, which you acknowledge is good and valuable consideration, you hereby grant to the Producer all consents necessary to enable us to make the fullest use of your performance and the Recording throughout the universe in perpetuity by any and all means in any and all media, whether now known or hereafter developed or discovered, without liability (save as specifically hereinafter provided) or acknowledgement to you and 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. You agree that all copyright and similar rights in the Recording(s) shall be exclusively licensed to Producer (and this licence shall operate as a present licence of future copyright) and Producer shall have the full right to exploit the Recording(s) throughout the world in any manner whatsoever and through all media in perpetuity, without payment or liability to you or any party on your behalf. 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 Recording or Composite Recording in a 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 Recording or Composite Recording online including but not limited to www.youtube.com, http://www.WhoIsEsther.com, and www. SingWithEsther.com; (4) use the Recording or Composite Recording in the real world, as well as on sites or applications operated or authorized by Producer as well as third-party sites such as Facebook, Instagram, and Twitter; (5) licence any or all of their rights to others in their sole discretion (6) use the Recording, the Composite Recording, and any Feedback that you provide to market and improve future Esther music, and (7) while the Producer is not obligated to do so, the Recording or 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.
13b) Ownership of the music from Esther, including the notation, lyrics, audio, video and music made available on www.singwithesther.com or sent directly from the producer to you (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 Sing; the Music Materials can also be used as part of the group’s repertoire for performance, without payment of license fee, until December 31, 2040, but may not be otherwise used or reproduced for others in any manner whatsoever. For clarity, you must not distribute the sheet music to others for any reason, the sole exception being distribution to members of your choir, and you may not sell or license copies of your recording to third parties, without a royalty agreement with the Producer. You waive any “moral rights” with respect to the Recording or feedback which are now or may hereafter be recognized by custom, usage or law.