Terms of Use


Welcome to OpenMicScene.com. This website (the "Site"), including all information, data, text, graphics, images, hyperlinks and other material is made available by OpenMicScene.com ("OpenMicScene", "us" or "we").

By using the Site, you agree to be bound by the following terms and conditions and our privacy policy ("Terms of Use"). If you do not agree with the Terms of Use, you may not use the Site. You must be of the a ge of majority or legal age to form a binding contract and must not be a person that is prohibited from using this Site under laws applicable to you.

1. Changes

We reserve the right to change the Terms of Use in whole or in part at any time. Changes are effective when posted at the Site. If any change is not acceptable, you must discontinue your use of the Site immediately. Your continued use of the Site will be considered acceptance of such changes. No change to the Terms of Use that is not posted to the Site by us is valid unless it is in writing and signed by an authorized signing officer of OpenMicScene.

We may also change any aspect of the Site, including the availability of any features, at any time without notice or liability. We also reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice or liability.

2. What You Can and Can't Do

The code of conduct for the Site is simple - Be honest, be respectful. We encourage debate and dialog. Feedback and critique can be communicated in friendly and inoffensive ways.

To this end, you may not:

  • Transmit through the Site or to any User of the Site (each, a "User") any offensive, obnoxious or aggressive communications, spam, viruses or any similar code or scripts, anything that contains any error, deficiency, omission, misstatement or misrepresentation, or that is or is reasonably likely to be considered deceptive, fraudulent, libellous, defamatory, threatening, intimidating, abusive, harassing, violent, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortious or that may otherwise result in criminal, regulatory or civil liability, or that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule, or which violates any agreement or the rights of a third party;
  • Abuse, harass, threaten or intimidate other Users:
  • Use another person's name, account, password, service, system or other information without that person's prior written authorization and prior written notification to us or otherwise disrupt or interfere with any other person's use or enjoyment of the Site;
  • Use the Site in any illegal or unauthorized manner, or for any illegal or unauthorized purpose, and may only use the Site in full compliance with all applicable laws, including without limitation copyright law;
  • Modify, adapt, abuse or hack the Site, or transfer any portion of the Site to any other person without our prior written consent;
  • Print, download or otherwise save to any storage device or fix in any medium, any part of the Site, other than printing reasonable paper-based copies of non-substantial extracts solely for your personal use;
  • Frame or otherwise display or present the Site in a similar manner (including co-presentation of additional material such as advertisements not from the Sites) on any other website or in any environment of networked computers;
  • Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site;
  • Obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing, or collect or harvest information about any other Users; or
  • Attempt any of the above.

You are solely responsible for your conduct and any activity that occurs under your screen name. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site. You are responsible for keeping your password secure.

3. What We Will Do for You

We will use reasonable efforts to make the Site available for use. We may also, but have no obligation to, remove any materials from the Site that we determine in our sole discretion are inappropriate or that violate these Terms of Use. We also permit you, through a limited license, to use the Site for your own personal, non-business and non-commercial purposes. You may also link to the Site, provided you do so in a reasonable manner. However, we do reserve the right to require you to remove links you create to our site if we, in our sole discretion, consider the linking site to contain objectionable material or with which we'd otherwise do not wish to be associated.

You acknowledge that any use of or reliance on the Site is at your sole risk. We make no representation or warranty of any kind regarding the Site, all of which is provided on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.

IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), EVEN IF WE BECOME AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE USE OF THIS SITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.

You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your actions or omissions, including without limitation your use of the Site from or relating to any of your Submissions or any breach by you of the Terms of Use.

4. What's Yours is Yours (But You'll Let Us Use It)

This Site (excluding licensed material) is Copyright (c) 2010 OpenMicScene.com. All rights reserved. The contents of this Site and all intellectual property rights in and to the Site are either owned by us or our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Site and to prevent any unauthorized copying or use of the Site. You have no rights in or to the Site and you may not use the Site other than as permitted under these Terms of Use. Where reproduction is permitted, you must retain all copyright and trademark notices and any other proprietary notices contained in the Materials on any reproduction of all or part of the Materials. All trade names, company names, trademarks, service marks and other product and service names and logos on the are the proprietary trademarks of their respective owners, are protected by law and may not be copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. The Trademarks may not be used by you in any manner whatsoever except as expressly permitted or required under the Terms of Use. If you believe that certain Material may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately at info@openmicscene.com. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.

If you post or transmit anything (the "Submissions") to the Site or to us by any means, ownership of Submissions shall remain with you, provided that the communication of such Submissions shall be deemed to be your permission and grant of a perpetual, irrevocable, non-exclusive license, without compensation, to publish, copy, perform in public, communicate to the public, distribute, display, creative derivative works, sublicense, translate, adapt and otherwise use the Submissions without restriction and for any purpose whatsoever, whether commercial or otherwise, and to authorize third parties to do any of the foregoing on our behalf. You are solely responsible for your Submissions. You also represent and warrant that all Submissions will comply with these Terms of Use, including the restrictions on transmitted content set out above, and you shall indemnify and save us harmless for any breach thereof. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of the Submissions. We reserve the right (but have no obligation) to monitor, review, edit, remove, or refuse to display or post any Submissions on the Site in our sole discretion without notice or liability.

Certain links on the Site will take you to other websites. These links are only provided as a convenience and the linked sites to which they lead are not under our control. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to review that site's privacy policy and other terms and to take all protective measures to guard against viruses and other potentially destructive elements. We are not responsible for the contents of any such linked site or any other site not under our control. We make no representation or warranty regarding and do not endorse any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any of the Trademarks. All links to and framing of this Site or any Materials must be approved in writing by us.

5. Other Matters

You agree that all disputes or disagreements between you and us relating to the Terms of Use in any way (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Each party will bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

The Site is controlled, operated and administered by us from our offices in the Province of Ontario, Canada (the "Jurisdiction"). We make no representation or warranty that the Site is appropriate or available for use at any locations outside the Jurisdiction. If you access the Site from outside the Jurisdiction, you are responsible for compliance with all local law. The Terms of Use shall be deemed to have been made and performed exclusively in the Jurisdiction and shall be governed by and construed under the laws of the Jurisdiction without giving effect to such Jurisdiction's conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts of the Jurisdiction for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than the Jurisdiction.

Any legal proceeding arising from or in connection with the Terms of Use or the Site must be brought within one year after the event which is the subject of the proceeding has occurred. If any provision of these Terms of Use are unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use, as the case may be, and shall not affect the validity of any remaining provisions. The Terms of Use constitute the entire agreement between you and us and override anything else on the Site. The Terms of Use may be assigned by us. The Terms of Use shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. If you have any questions about these Terms of Use, email us at info@openmicscene.com or write to us at 332 Albany Avenue, Toronto, Ontario M5R 3C9.

Add A Listing

You can add events to the site by clicking on the link below.

Add A Listing