
MEMBERSHIP POLICIES
NOTICES
Section A — Purpose & Scope
A.1 Purpose of the Policy
This Member Notices Policy governs how OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) and Members communicate official notices in connection with the membership.
The purpose of this Policy is to:
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Establish clear, reliable notice mechanisms
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Define authoritative communication channels
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Reduce ambiguity regarding delivery, receipt, and effectiveness of notices
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Support operational scalability, auditability, and legal compliance
This Policy is intended to ensure that important communications are delivered in a predictable and verifiable manner.
A.2 Relationship to the Membership Agreement
This Policy is incorporated by reference into, and governed by, the Membership Agreement.
It is procedural in nature and does not create substantive rights or obligations beyond those set forth in the Membership Agreement or required by applicable law.
In the event of any conflict between this Policy and the Membership Agreement, the Membership Agreement controls.
A.3 Notices Covered
This Policy applies to official notices exchanged between OpenMic and Members, including but not limited to:
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Legal and contractual notices
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Billing, payment, and fee-related notices
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Policy updates, amendments, or enforcement notices
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Account, access, suspension, or termination notices
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Dispute-related notices governed by the Dispute Resolution Policy
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Operational or administrative communications affecting membership
A.4 Notices Excluded
This Policy does not govern:
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Marketing or promotional communications
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Third-party messages or communications not sent by OpenMic
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Social media posts, comments, or direct messages
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Informal communications not designated as official notice
Excluded communications do not constitute notice for purposes of the Membership Agreement or incorporated Policies unless expressly stated otherwise.
A.5 No Expansion of Obligations
Nothing in this Policy requires OpenMic to provide notice in circumstances where notice is not otherwise required by the Membership Agreement or applicable law.
Likewise, nothing in this Policy limits OpenMic’s ability to communicate informally or through additional channels, provided such communications are not relied upon as official notice unless expressly designated as such.
Section B — Authoritative Contact Information
B.1 System of Record Defined
For purposes of official notice under the Membership Agreement and incorporated Policies, the authoritative system of record consists of the contact information maintained in the Member’s account or membership records as designated by OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”).
Only contact information reflected in the system of record will be used for purposes of providing or receiving official notice.
B.2 Email Address on Record
The email address on record associated with a Member’s account constitutes the primary and default method for official notice unless otherwise stated in writing.
Notices sent to the email address on record shall be deemed properly addressed regardless of whether the Member uses or monitors that email account, subject to the effectiveness rules set forth in this Policy.
B.3 Account and Membership Records
In addition to the email address on record, authoritative contact information may include:
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Account profile information
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Membership enrollment or billing records
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Portal or dashboard contact fields
Such records collectively constitute the system of record for notice purposes.
B.4 Informal Communications Do Not Update Records
Informal communications—including emails, messages, texts, calls, or conversations with OpenMic staff—do not update or modify a Member’s system-of-record contact information.
OpenMic is not obligated to treat contact information provided informally as authoritative unless the Member updates their records through the designated account or notice mechanisms.
B.5 Member Responsibility to Maintain Accurate Information
Members are solely responsible for:
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Maintaining accurate, current, and complete contact information in their account records
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Promptly updating contact information upon any change
Failure to maintain accurate contact information may result in missed notices, continued billing, enforcement actions, or other consequences, for which OpenMic is not responsible.
B.6 Reliance on System of Record
OpenMic may rely exclusively on the system of record when sending notices and is not required to verify whether a Member has received, opened, or read a notice sent to the contact information on file.
Section C — Approved Notice Channels (Outbound from OpenMic)
C.1 Primary and Default Channel — Email
Email sent to the email address on record is the primary and default method by which OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) delivers official notices to Members.
Unless otherwise specified, notices delivered by email shall constitute valid and effective notice under the Membership Agreement and incorporated Policies.
C.2 Member Portal or Dashboard Notices
Where OpenMic provides a member portal, dashboard, or account interface, official notices may also be delivered by:
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Posting the notice to the Member’s account
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Making the notice available through the portal or dashboard
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Displaying in-platform alerts or banners associated with the Member’s account
Portal-based notices may be used alone or in combination with email, depending on the nature of the notice.
C.3 In-Platform Notifications
OpenMic may deliver notices through in-platform notification systems, including alerts, messages, or banners displayed within OpenMic-operated platforms or tools.
Such notifications are intended to supplement, not replace, email notice unless expressly designated as sufficient under this Policy or applicable law.
C.4 SMS, Push Notifications, or Similar Channels
Where implemented, OpenMic may use SMS, push notifications, or similar messaging technologies to deliver notices, provided that:
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The Member has affirmatively provided the necessary contact information or consent, where required
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Use of such channels complies with applicable law
Unless expressly stated otherwise, SMS or push notifications are supplemental and do not replace email or portal notice.
C.5 Accessibility Accommodations
Where required by applicable law, OpenMic will make reasonable efforts to provide notices in accessible formats or through alternative channels to accommodate Members with disabilities, upon request.
Accessibility accommodations do not alter the effectiveness rules set forth in this Policy unless required by law.
C.6 No Obligation to Use All Channels
OpenMic is not required to deliver notices through multiple channels unless expressly stated in this Policy or required by applicable law.
Delivery through an approved channel in accordance with this Policy is sufficient to constitute notice.
Section D — Approved Notice Channels (Inbound to OpenMic)
D.1 Designated Inbound Channels
Members must submit official notices to OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) through the designated inbound channels specified by OpenMic from time to time. Approved channels may include:
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Designated OpenMic email addresses by category, including:
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Legal or dispute-related notices
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Billing or payment inquiries
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Account changes or cancellations
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Policy questions or compliance matters
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Online portals, dashboards, or account interfaces
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Ticketing, intake, or request systems implemented by OpenMic
The applicable channel may vary depending on the nature of the notice.
D.2 Category-Specific Routing
OpenMic may designate different inbound channels for different categories of notice to ensure proper handling, response, and recordkeeping.
Members are responsible for submitting notices through the appropriate channel for the subject matter of the notice.
D.3 Notices Sent Outside Approved Channels
Notices sent through channels not designated or approved by OpenMic—including social media, informal emails to staff, direct messages, text messages, or verbal communications—may not be received, reviewed, or processed and do not constitute effective notice.
OpenMic has no obligation to monitor or respond to notices sent outside approved channels.
D.4 Responsibility for Proper Submission
Members bear sole responsibility for ensuring that notices:
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Are submitted through an approved inbound channel
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Contain sufficient information to identify the Member and the subject matter
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Comply with any formatting or procedural requirements communicated by OpenMic
Failure to submit a notice properly may delay or invalidate the notice.
D.5 Acknowledgment of Receipt
OpenMic may, but is not obligated to, provide acknowledgment or confirmation of receipt for inbound notices. Automated confirmations or ticket numbers, where provided, are for tracking purposes only and do not constitute substantive responses or acceptance of claims.
D.6 Future Systems and Tools
OpenMic may modify, replace, or expand inbound notice channels over time, including the adoption of new ticketing systems, portals, or communication tools, without amending the Membership Agreement, provided that reasonable notice of such changes is given where required.
Section E — Notice Effectiveness & Timing
E.1 When Notice Is Deemed Given
Except where otherwise required by applicable law, an official notice is deemed given as follows:
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Email: When the email is sent to the email address on record
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Portal or Dashboard: When the notice is posted to, or made available within, the Member’s account
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In-Platform Notification: When the notification is displayed or made accessible within the platform
Actual receipt, opening, or reading of the notice is not required for effectiveness.
E.2 Delivery vs. Receipt
The effectiveness of notice is based on delivery through an approved channel, not on confirmation of receipt or acknowledgment by the Member.
Members acknowledge that failure to receive or review a notice due to outdated contact information, spam filtering, inbox limitations, or failure to monitor communications does not invalidate the notice.
E.3 Time-of-Day Rules
Unless otherwise stated:
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Notices are deemed given on the calendar day they are sent or posted
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Notices sent after 11:59 p.m. local time may be deemed given on the following calendar day, at OpenMic’s discretion
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Where a notice period is measured in “days,” calendar days apply unless expressly stated otherwise
Business-day rules apply only where expressly specified.
E.4 Bounce-Backs and Delivery Failures
If OpenMic receives an automated bounce-back or delivery failure notice for an email sent to the email address on record:
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OpenMic may make reasonable efforts to resend the notice or post it through an alternative approved channel
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OpenMic is not obligated to take additional steps beyond reasonable efforts
Notices sent to the last known email address on record remain effective unless applicable law requires otherwise.
E.5 Member-Sent Notices
Notices submitted by Members are deemed given to OpenMic when received through an approved inbound channel, not when sent.
Delays caused by incorrect routing, incomplete submissions, or use of non-approved channels are the responsibility of the Member.
E.6 Statutory Overrides
If applicable law requires a different method or timing for notice effectiveness, such legal requirements shall control to the minimum extent necessary.
Section F — Material vs. Non-Material Notices
F.1 Definition of Material Notice
A Material Notice is an official notice that reasonably affects a Member’s legal rights, financial obligations, access to the membership, or dispute resolution options.
Material Notices require heightened care in delivery and timing but do not require proof of receipt unless mandated by applicable law.
F.2 Examples of Material Notices
Material Notices include, without limitation, notices relating to:
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Changes to membership fees, billing frequency, or payment obligations
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Amendments to material terms of the Membership Agreement or incorporated Policies
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Suspension, restriction, or termination of membership or access
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Initiation or escalation of dispute resolution steps
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Material changes to dispute resolution procedures or arbitration provisions
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Other notices expressly designated as material by OpenMic
F.3 Non-Material Notices
All other official notices that do not materially affect a Member’s rights or obligations are considered Non-Material Notices, including but not limited to:
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Operational updates or clarifications
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Informational messages regarding features, tools, or platform usage
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Administrative confirmations or reminders
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Minor policy clarifications that do not change substantive obligations
Non-Material Notices may be delivered through any approved outbound channel and do not require enhanced notice procedures.
F.4 Enhanced Notice Standards for Material Notices
For Material Notices, OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) will use reasonable enhanced notice efforts, which may include:
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Email notice to the email address on record
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Portal or dashboard posting where available
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Additional lead time before the notice becomes effective, where practicable
Enhanced notice does not require delivery through multiple channels unless required by applicable law.
F.5 Effectiveness Not Conditioned on Acknowledgment
Material Notices are effective in accordance with Section E (Notice Effectiveness & Timing) and do not require acknowledgment, consent, or affirmative action by the Member unless expressly stated or required by law.
F.6 Regulatory and Statutory Overrides
If applicable law imposes specific requirements regarding the delivery, content, or timing of certain material notices, those requirements shall control to the minimum extent necessary.
Section G — Policy Updates & Versioning Notices
G.1 Announcement of Policy Updates
OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) may update, amend, or revise this Policy and other incorporated Policies from time to time.
Policy updates will be announced through reasonable notice methods, which may include:
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Email notice to the email address on record
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Posting within a member portal or dashboard
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In-platform notifications or banners
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Publication of an updated Policy with a revised effective date
G.2 Effective Date Mechanics
Unless otherwise stated, policy updates apply prospectively only and become effective on the date specified in the notice or updated Policy.
Policy changes do not retroactively alter rights or obligations with respect to actions, disputes, or events that occurred prior to the effective date, except as required by applicable law.
G.3 Version Control and Archival
OpenMic may maintain version histories of this Policy and other incorporated Policies, including:
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Version numbers or revision dates
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Effective dates
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Archived prior versions
Archived versions may be retained for governance, audit, dispute resolution, or compliance purposes.
G.4 Access to Prior Versions
Members may request access to prior versions of this Policy or other incorporated Policies, subject to reasonable administrative procedures and availability.
OpenMic is not obligated to maintain or provide historical versions indefinitely unless required by applicable law.
G.5 Relationship to Continued Membership
Unless otherwise required by law, a Member’s continued participation in the membership after the effective date of a policy update constitutes acceptance of the revised Policy.
If a Member does not agree to a material policy change, the Member’s sole remedy is to cancel the membership in accordance with the Billing Policy prior to the effective date of the change.
G.6 No Waiver of Statutory Rights
Nothing in this Section limits or waives rights that cannot be waived under applicable law, including statutory notice or consent requirements.
Section H — Member Obligations
H.1 Duty to Monitor Communications
Members are responsible for regularly monitoring their communications, including:
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The email address on record
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Member portals, dashboards, or account interfaces
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In-platform notifications where applicable
Failure to review communications does not invalidate notices properly delivered in accordance with this Policy.
H.2 Duty to Maintain Accurate Contact Information
Members must maintain accurate, current, and complete contact information in their account or membership records at all times.
Members are responsible for promptly updating their information upon any change, including changes to email address or other contact details.
H.3 Consequences of Failure to Update Records
Failure to maintain accurate contact information may result in:
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Missed notices or deadlines
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Continued billing or enforcement actions
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Loss of access, suspension, or termination of membership
OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) is not responsible for consequences arising from a Member’s failure to update records.
H.4 Acknowledgment of Electronic Notice
Members acknowledge and agree that electronic notice, including email and portal-based notice, is sufficient and effective for purposes of the Membership Agreement and incorporated Policies, to the fullest extent permitted by law.
H.5 No Reliance on Informal Communications
Members may not rely on informal communications, verbal statements, or messages from OpenMic staff as substitutes for official notice unless expressly designated as such under this Policy.
Section I — Recordkeeping & Audit Trail
I.1 Electronic Logging of Notices
OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) may maintain electronic records relating to notices sent or received under this Policy, including:
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Timestamps of sending, posting, or availability
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Destination addresses or account identifiers
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Delivery status information where available
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Portal postings or in-platform notification logs
Such records may be generated automatically through OpenMic’s systems or service providers.
I.2 Retention Periods
Notice records may be retained for reasonable periods consistent with:
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Operational needs
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Dispute resolution requirements
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Audit, compliance, or regulatory obligations
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Applicable data retention laws
OpenMic is not obligated to retain notice records indefinitely unless required by law.
I.3 Evidentiary Use
Electronic notice records, logs, and metadata may be used by OpenMic as evidence of notice delivery, availability, or receipt in connection with:
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Dispute resolution or arbitration
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Enforcement of the Membership Agreement or Policies
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Legal proceedings or regulatory inquiries
Members agree that such records may constitute reliable evidence to the fullest extent permitted by law.
I.4 No Guarantee of Perfection
Recordkeeping systems may be subject to technical limitations, outages, or errors. OpenMic does not guarantee that records will be complete or error-free, provided that reasonable operational practices are followed.
I.5 Regulatory and Compliance Audits
Notice records may be accessed, reviewed, or disclosed as reasonably necessary to comply with legal, regulatory, or audit obligations, subject to applicable confidentiality and data protection requirements.
Section J — Dispute & Legal Notice Handling
J.1 Special Handling for Dispute-Related Notices
Notices relating to disputes, claims, demands, or potential legal action (“Dispute Notices”) are subject to heightened routing and handling requirements and must comply with this Policy and the Dispute Resolution Policy.
Dispute Notices include, without limitation:
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Notices initiating informal resolution
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Requests for internal review or appeal
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Arbitration demands or related correspondence
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Legal demand letters or notices of claim
J.2 Designated Channels for Dispute Notices
Dispute Notices must be submitted through the specific inbound channels designated by OpenMic for legal or dispute-related matters, which may include:
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A designated legal or disputes email address
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A dispute intake form or ticketing system
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Other channels expressly identified in the Dispute Resolution Policy
Submission of a Dispute Notice through non-designated channels does not constitute effective notice.
J.3 Coordination With the Dispute Resolution Policy
This Policy does not modify or replace the procedures, prerequisites, or timelines set forth in the Dispute Resolution Policy.
Members must comply with all pre-dispute notice, waiting periods, and conditions precedent required under the Dispute Resolution Policy for a Dispute Notice to be valid and effective.
J.4 Acknowledgment and Tracking
OpenMic may, but is not obligated to, provide acknowledgment of receipt of a Dispute Notice. Where acknowledgments are provided, they may be automated and are for tracking purposes only.
An acknowledgment does not constitute acceptance of claims, waiver of defenses, or admission of liability.
J.5 Legal Counsel and Internal Escalation
Dispute Notices may be reviewed internally by OpenMic personnel or referred to legal counsel, as OpenMic determines appropriate.
Nothing in this Policy obligates OpenMic to respond within a particular timeframe except as expressly required by applicable law or the Dispute Resolution Policy.
J.6 Preservation of Rights
Handling of Dispute Notices under this Policy does not waive or limit any rights, defenses, or remedies available to OpenMic under the Membership Agreement, incorporated Policies, or applicable law.
Section K — Accessibility & Accommodations
K.1 Commitment to Reasonable Accessibility
OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) is committed to providing reasonable access to official notices and communications for Members with disabilities, in accordance with applicable accessibility laws and regulations.
K.2 Requests for Accommodations
Members who require accommodations for receiving or submitting notices may request reasonable accommodations by contacting OpenMic through the designated channels.
Accommodation requests should include sufficient information to identify the nature of the accommodation needed. OpenMic may request additional information where reasonably necessary to evaluate the request.
K.3 Alternative Formats
Where required by applicable law, OpenMic may provide notices in alternative formats, which may include:
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Modified digital formats
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Screen-reader–compatible communications
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Other reasonable alternatives appropriate to the circumstances
Provision of alternative formats does not alter the effectiveness or timing of notice unless required by law.
K.4 Limitations
OpenMic is not required to provide accommodations that would impose undue burden, fundamentally alter the nature of the notice process, or exceed what is required by applicable law.
K.5 Relationship to Notice Effectiveness
Accessibility accommodations are intended to facilitate access to notices and do not modify the rules governing when a notice is deemed given under Section E (Notice Effectiveness & Timing), except where required by law.
Section L — Data Protection & Privacy Alignment
L.1 Relationship to the Privacy Policy
All notices and communications governed by this Policy are subject to OpenMic Perform Pro, LLC’s (“OpenMic,” “we,” “our,” or “us”) Privacy Policy, which governs the collection, use, storage, and protection of personal data.
Nothing in this Policy expands or modifies OpenMic’s data practices beyond what is described in the Privacy Policy or required by applicable law.
L.2 Secure Handling of Communications
OpenMic will use reasonable administrative, technical, and organizational safeguards to protect notices and related communications from unauthorized access, disclosure, or misuse, consistent with the Privacy Policy and applicable law.
Electronic communications may involve inherent risks, and OpenMic does not guarantee absolute security.
L.3 Limitations on Disclosure
Notice-related communications may be accessed, processed, or disclosed only as reasonably necessary to:
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Deliver or administer notices
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Comply with legal, regulatory, or audit obligations
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Enforce the Membership Agreement or incorporated Policies
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Resolve disputes or respond to lawful requests
Disclosures are subject to applicable confidentiality and data protection requirements.
L.4 No Marketing Use Without Consent
Contact information used for official notices under this Policy is not used for marketing or promotional communications unless the Member has separately provided any consent required by applicable law.
Official notice channels may not be relied upon to imply marketing consent.
L.5 Third-Party Service Providers
OpenMic may use third-party service providers to facilitate notice delivery, logging, or storage (e.g., email services, portals, CRM systems), subject to contractual confidentiality and data protection obligations.
OpenMic is not responsible for third-party systems beyond its reasonable control, provided appropriate safeguards are in place.
L.6 Data Minimization
OpenMic will collect and retain only such personal data as is reasonably necessary to administer notices, maintain records, and comply with legal obligations, consistent with the Privacy Policy.
Section M — Technology Evolution Clause
M.1 Adoption of New Communication Tools
OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) may adopt, modify, or replace communication tools, platforms, or technologies used to deliver or receive notices, including, but not limited to:
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New email service providers
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Updated member portals or dashboards
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Ticketing, CRM, or intake systems
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In-platform notification frameworks
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Other digital communication tools
Such changes may be made to improve reliability, security, efficiency, or scalability.
M.2 Platform Migration and Continuity
In the event of a platform migration, system upgrade, or tooling change:
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Existing notice obligations and effectiveness rules under this Policy continue to apply
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Notices delivered through successor systems are deemed valid and effective
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Historical notice records may be migrated, archived, or retained in accordance with Section I (Recordkeeping & Audit Trail)
OpenMic is not required to maintain parallel systems indefinitely during or after a migration.
M.3 Decommissioning of Legacy Systems
OpenMic may decommission legacy communication systems or channels after reasonable transition periods.
Use of a decommissioned system does not constitute effective notice once Members have been reasonably informed of the transition to a new approved channel.
M.4 No Agreement Amendment Required
The adoption, modification, or replacement of notice-delivery technologies does not require amendment of the Membership Agreement or this Policy, provided that:
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The new tools serve the same functional purpose
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Notice continues to be delivered through approved categories of channels (e.g., email, portal)
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Members receive reasonable notice of material changes where required
M.5 No Technology Guarantee
OpenMic does not guarantee uninterrupted availability of any particular communication technology or platform.
Temporary outages, maintenance, or technical failures do not invalidate notices properly delivered in accordance with this Policy.
Section N — No Waiver of Rights
N.1 No Waiver of Statutory or Non-Waivable Rights
Nothing in this Policy is intended to waive, limit, or override any rights or protections that cannot be waived under applicable law, including mandatory consumer protection, notice, or due-process requirements.
If any provision of this Policy is found to conflict with non-waivable legal requirements, such provision shall be modified or severed to the minimum extent necessary to achieve compliance, without affecting the remainder of the Policy.
N.2 Notice Failures Do Not Create Automatic Waiver
A failure, delay, or defect in notice delivery under this Policy does not automatically:
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Waive a Party’s statutory rights
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Invalidate otherwise enforceable rights or obligations
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Create liability where none would otherwise exist
Except where required by law, technical notice failures do not excuse performance or compliance with the Membership Agreement or incorporated Policies.
N.3 No Implied Waiver by Silence or Inaction
A Party’s failure to object to, respond to, or act upon a notice does not constitute a waiver of rights, defenses, or remedies unless expressly stated in writing or required by applicable law.
N.4 Reservation of Rights
All rights and remedies of OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) and Members are expressly reserved except to the extent expressly waived in a written agreement or as required by law.
Section O — Effective Date & Amendments
O.1 Effective Date
Each membership policy, guideline, or rule published by OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) on any OpenMic-owned website or member-facing platform (each, a “Policy”) shall specify, at the bottom of the applicable Policy page, a Last Updated date and time and an Effective Date and time.
Unless otherwise expressly stated in the applicable Policy, each Policy becomes effective as of its stated Effective Date. The Last Updated timestamp reflects the most recent modification to the Policy and does not, by itself, determine the date on which the Policy becomes operative.
All Policies apply prospectively only and govern conduct, notices, or events occurring on or after their stated Effective Date, except to the extent retroactive application is required by applicable law or is expressly provided for in a fully executed, written agreement between OpenMic and the applicable Member that specifically states such retroactive application.
O.2 Amendments to the Policy
OpenMic may amend, update, modify, or supplement any Policy from time to time, in accordance with the Membership Agreement and applicable law. Unless otherwise expressly stated in the applicable Policy or required by applicable law, any amendment shall apply prospectively only and shall not affect conduct, notices, disputes, claims, or events that occurred prior to the amendment’s stated Effective Date.
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O.3 Notice of Material Amendments
Material amendments to any Policy will be communicated using reasonable notice methods consistent with this Policy and the Membership Agreement, which may include, without limitation, email notice, portal posting, or in-platform notification. Any such notice will identify the amendment’s Effective Date and, where appropriate, provide a summary or description of the nature of the material change. Failure to provide a summary shall not affect the validity or enforceability of the amendment as of its stated Effective Date.
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O.4 Member Right to Exit
If a Member does not agree to a material amendment to any Policy, the Member’s sole remedy is to cancel the membership in accordance with the applicable Billing Policy prior to the amendment’s stated Effective Date. To the fullest extent permitted by applicable law, a Member’s continued participation in the membership, continued access to OpenMic services, or continued use of any member-facing platform on or after the Effective Date of a material amendment constitutes acceptance of the amended Policy.
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O.5 No Requirement of Re-Execution
Except where required by applicable law, amendments to any Policy do not require re-execution, signature, or separate affirmative re-consent by a Member, provided that notice of such amendment is given in accordance with this Policy and the Membership Agreement.