The submitting artist(s) shall hereinafter be referred to as YOU, and OverClocked ReMix, LLC and its direct constituents shall hereinafter be referred to as OverClocked ReMix.
- By submitting material YOU are granting OverClocked ReMix a non-exclusive, sub-licensable, perpetual and universal license to use, distribute, perform, and/or to incorporate it in other works in any form, media or technology.
- By submitting material, YOU indicate that YOU are the sole owner(s) of the material and contributor(s) to the arrangement of said material in the form of a derivative work, as defined by the current Submission Standards and Instructions and subject to review.
- YOU retain ownership and copyright of all original material submitted in this fashion to OverClocked ReMix.
- This license applies to any and all material YOU may have submitted prior to the effect of this agreement.
- This license explicitly prohibits OverClocked ReMix from distributing submitted materials for for-profit endeavors. All revenue generated by advertising presented in the context of submitted materials will be used for costs directly associated with the operation and promotion of OverClocked ReMix.
- Evaluation and acceptance or rejection of submitted materials is under the sole discretion of OverClocked ReMix. OverClocked ReMix reserves the right to remove submitted materials at any time due to violations of the current Submission Standards and Instructions or requests by third party copyright holders.
- YOU are free to distribute and/or license these materials elsewhere, so long as they are not attributed to OverClocked ReMix, and such distribution or licensing does not conflict with the terms of this agreement. OverClocked ReMix maintains sole control of the distribution of materials under its name, as designated by "OC ReMix" in track titles, the "OC_ReMix" file suffix, or other indicators clearly establishing attribution of works to OverClocked ReMix.
- This license may be terminated at any time if both YOU and OverClocked ReMix agree to the termination. Generally, OverClocked ReMix will not agree to removal requests. Such requests will be evaluated with regards to the best interests of the community.
- OverClocked ReMix in no way indemnifies YOU from legal action on the part of third party copyright holders.
OverClocked ReMix grants all parties a limited, non-exclusive, non-transferable, universal license to use, redistribute, incorporate into other works, and publicly perform OverClocked ReMixes as long as the following criteria are met:
- A.) No profit is made from the exercise of this license. This includes but is not limited to incorporation of OverClocked ReMixes into commercial works, charging or accepting more than the cost of the delivery means or medium(s) for redistributing OverClocked ReMixes, accepting donations and/or offering "Name Your Own Price" options for OverClocked ReMixes, or redistributing OverClocked ReMixes in the context of commercial advertisements. Live performance or playback of OverClocked ReMixes may occur in commercial, for-profit spaces such as stores, private clubs, or other gatherings, so long as no cost is explicitly associated with listening to them and no endorsement of the commercial entity by OverClocked ReMix can be inferred.
- B.) If OverClocked ReMixes are being redistributed, performed, or incorporated into other works, materials used must be clearly attributed both to the ReMixer(s) who created them and to OverClocked ReMix. This accreditation must be in the form of the ReMixer name(s) followed by "OverClocked ReMix (http://www.ocremix.org)". In applicable contexts where user interactivity is possible, such as websites, the site name and URL must be linked to http://www.ocremix.org. Accreditation must be presented as close to the utilized material as possible; if OverClocked ReMixes are used in a video, accreditation must be included in credits at the end, but if displayed on a website, accreditation must be prominently displayed in context with the utilized material. In the case of public or semi-public performances where accreditation is not reasonable, responding to audience inquiries with this information will suffice.
- C.) If OverClocked ReMixes are being redistributed, they may not be modified in any way from the MP3 versions made available on http://www.ocremix.org. This includes but is not limited to any modifications to ID3 tagging. Modifications for personal use not involving redistribution, such as burning personal mix CDs or reformatting files for other devices, is acceptable.
OverClocked ReMix reserves the right to terminate this license at any time. In such instances where OverClocked ReMixes have been incorporated into other works or are being redistributed or performed, the original artist must be contacted to obtain a separate license for the material in question, and all references and attribution to OverClocked ReMix must be removed. OverClocked ReMix maintains sole control of the distribution of materials under its name, as designated by "OC ReMix" in track titles, the "OC_ReMix" file suffix, or other indicators clearly establishing attribution of works to OverClocked ReMix. OverClocked ReMix in no way indemnifies those utilizing OverClocked ReMixes from legal action on the part of third party copyright holders.
Digital Millennium Copyright Act Policy
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- B.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- C.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- D.) Information reasonably sufficient to permit the service provider (OverClocked ReMix) to contact you, such as an address, telephone number, and email address;
- E.) A statement, under penalty of perjury, that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; that the information in the notification is accurate; and, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OverClocked ReMix's designated Copyright Agent to receive notifications of claimed infringement is: David W. Lloyd, firstname.lastname@example.org. Notifications must be made in the form of scanned PDF email attachments, including the required information and signature. You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid.
In layman's terms, this is a boilerplate DMCA "takedown" policy we hope to never actually need; we seek to educate and inform the general public about video game music and not to profit from it, and believe that our site and its services fall under the umbrella of fair use.