1. Introduction
These Terms & Conditions (“Terms”) govern the submission of audio recordings (“Submission”) to the Online Sound Collection & Public Archive Project operated by Kalun Ho (“Artist”, “we”, “us”, or “our”).By uploading or submitting any audio recording, you agree to be legally bound by these Terms.If you do not agree, do not submit any recording.
2. Eligibility & Warranties
By submitting a recording, you represent and warrant that:
- You are at least 18 years old, or have obtained lawful parental/guardian consent.
- You are the sole owner of all copyright in the Submission; OR
- You have obtained all necessary licenses, consents, and permissions required under the Copyright Ordinance (Cap. 528).
- The Submission does not infringe any copyright, neighbouring rights, moral rights, performer’s rights, privacy rights, or any other rights of any third party.
- Any identifiable persons recorded have provided consent to be recorded and published.
You accept full legal responsibility for your Submission.
3. Grant of Copyright License (Hong Kong Law)
Upon submission, you grant to the Artist a:
- Worldwide
- Non-exclusive
- Royalty-free
- Perpetual
- Irrevocable
- Transferable and sublicensable
license to:
- Use
- Copy
- Reproduce
- Publish
- Communicate to the public
- Broadcast
- Stream
- Archive
- Edit
- Modify
- Adapt
- Remix
- Layer
- Combine with other works
- Create derivative works
- Promote
the Submission in any media or format now known or developed in the future.
This license includes the right to make editorial, artistic, technical, or creative modifications at the Artist’s sole discretion.
4. Waiver of Moral Rights
To the fullest extent permitted under Hong Kong law, you:
- Waive your moral rights (including the right to object to derogatory treatment); and
- Consent to any act or omission by the Artist that may otherwise infringe such moral rights.
You acknowledge that your Submission may be edited, altered, mixed, layered, or used without attribution.
5. No Compensation
This is a voluntary public art initiative.
You acknowledge and agree that:
- You will not receive payment, royalties, fees, or compensation of any kind.
- No revenue sharing arrangement exists.
- Submission does not create employment, partnership, agency, or joint venture relationship.
6. Indemnity
You agree to indemnify and hold harmless Kalun Ho from and against any and all:
- Claims
- Legal actions
- Damages
- Losses
- Liabilities
- Costs (including legal fees on a full indemnity basis)
arising from:
- Breach of these Terms;
- Any third-party claim that your Submission infringes intellectual property or other rights.
7. Limitation of Liability
To the maximum extent permitted under Hong Kong law:
- The Artist shall not be liable for indirect, incidental, consequential, or special damages.
- The total liability of the Artist shall not exceed HKD 100 (or the minimum amount permitted by law).
- All content is provided “as is” without warranties of merchantability or fitness for purpose.
Nothing in these Terms excludes liability where exclusion is prohibited by law.
8. Content Moderation & Removal
The Artist reserves the absolute right to:
- Reject or remove any Submission at any time;
- Modify, suspend, or discontinue the project without notice.
The Artist is under no obligation to return or delete any Submission once published.
9. Personal Data
Any personal data collected (such as name or contact details) will be handled in accordance with the Personal Data (Privacy) Ordinance (Cap. 486).
Personal data will:
- Be collected for project administration and publication purposes;
- Not be sold to third parties;
- Be retained only as long as necessary for the project.
By submitting, you consent to such collection and use.
10. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
11. Acceptance
By uploading a recording, you confirm that you:
- Have read and understood these Terms;
- Agree to be legally bound by them;
- Confirm that you have the legal authority to grant the rights stated above.
12. Funding Acknowledgment
This project is supported by funding from the Hong Kong Arts Development Council (HKADC).
Any opinions, findings, conclusions, or recommendations expressed in this project are solely those of the Artist and do not reflect the views of the Hong Kong Arts Development Council.
The Hong Kong Arts Development Council is not responsible for:
- The content of any Submission;
- Any copyright issues arising from user submissions;
- Any disputes between participants and the Artist;
- Any loss, damage, or liability arising from participation in this project.
All legal responsibility relating to the operation of this project rests solely with the Artist.
