Shock City Studios -- Terms and Conditions

Terms and Conditions of Use

Welcome to Shock City Studios. These Terms of Use are a legal agreement (the "Agreement") between you and Shock City Studios stating the terms that govern your use of Shock City Studios (the "Service").
Shock City Studios reserves the right to change, revise or supplement this Agreement and to impose new or additional term or conditions on your use of the Service. Such revisions, supplements, additional terms or conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. It is your responsibility to check these Terms of Service (available at www.shockcitystudios.com) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. If you do not agree to be bound by or cannot comply with the Agreement as amended, you must stop using the service. Use of this Service after modification implies that you consent to this Agreement as modified.

1. General Terms of Use
By accepting these Terms of Use through your use of the Service, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Service, including all financial charges and legal liability that he or she may incur.
Shock City Studios is concerned about the safety and privacy of children who use the Internet. Thus, Shock City Studios does not intentionally or knowingly collect personal information from children under the age of 13. Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 had provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

You may or may not have set up an account with Shock City Studios. Any and all transactions placed using this account are subject to the Terms and Conditions site located at http://www.shockcitystudios.com. We do not permit others to frame this site or any portion thereof. We are not responsible for the contents and conduct of any site that is linked to this site.

2. Privacy Policy: Effective December 11, 2009

Your Privacy is Important to us. The following information is designed to help you better understand the information we gather as part of this Service, how we handle the information once we gather it, and the choices you have regarding our use of the Information. Please note that this policy does not apply to other websites that may be accessible from this website.

The Information We Collect: Our primary goal in collecting Information is to provide you with a smooth, efficient and customized site experience. This allows us to provide features and content that will meet your needs and allow you to easily navigate our site.

Personally Identifiable Information: The types of personally identifiable information that may be collected by this Service Included: your name, e-mail address, telephone number, fax number, credit card information, and may Include information about your interest in and use of various products, programs, and services.

Aggregate Data: We may gather aggregate data, such as the number and frequency of visitors to this site. This information may also include the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using (e.g., Windows ’95 or Mac OS), the domain name of you Internet service provider (e.g., American Online, Earthlink), Which URL you next go to, and your Internet Protocol address. This collective data helps us determine how customers use our site, and to better understand our customers’ interests, demographics and behavior. We may also use the information to improve the design and content of our site and to analyze site usage to you better products, programs, or services. Third parties that support our Services may also collect this type of aggregated data. If we use this data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally.

How We Use the Information: We use your personal Information only to fulfill your requests for products, programs, and services, and to respond to your inquiries about our offerings. We will not sell, share or rent your information to others in ways different from what is disclosed in this Agreement.

Unless you specifically decline, we may also use this information to deliver information to you, including marketing and promotional materials. We may share this Information with certain third parties with whom we contract to provide services or jointly-branded products so that these parties can share information with you about new products and promotions that may interest you. [Further, Shock City Studios may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you.]
You may agree or may have agreed to receive certain marketing materials from Shock City Studios.
If you have so agreed and you wish not to receive marketing materials from us, or if you decide in the future that you no longer wish to receive marketing materials, please send an e-mail to the following address: info@shockcitystudios.com, telling us that you do not wish to receive marketing materials.

All agents and contractors of Shock City Studios who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for Shock City Studios.

We can (and you authorized us to) disclose information about you to in response to a law enforcement agency or other government official’s request. We cooperate with law enforcement inquiries and may disclose personally identifiable information, in response to legal process, including in response to a count order or a subpoena, to protect the property of Shock City Studios or the safety of our employees or others, and to investigate fraud, intellectual property Infringements or other illegal or dangerous activity.

It is possible that Shock City Studios or our assets could be acquired by another business entity. Should such a combination occur, you should expect that Shock City Studios will share some or all of your information with this party in order to continue providing this service. You will receive notice of such an event (to the extent that it occurs), and we will require that the new entity follow the practices in this Privacy Policy and notify you of any changes.

Cookies: "Cookies" are small text files that a site transfers to a visitor’s browser for added functionality, or for tracking website usage. Each site can send its own cookie to your browser if your browsers’ preferences allow. You can configure your browser to accept all cookies, reject all cookies, or to notify you when a cookie is sent. Further, a number of companies offer utilities designed to enable users to visit sites anonymously. Be advised that if you choose to disable cookies on your web browser, your shopping experience will be limited to purchasing one product per checkout.

Any Information gathered by the cookie is compiled on an aggregate, anonymous basis and is used by us internally only. We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our site. We also may use cookies to offer you products, programs, or services. We do not use cookies to gather personal information such as your name or e-mail address, unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site we personally Identifiable information, this information may be linked to data stored in the cookie.

You may encounter cookies or similar devices on our site that are placed by third parties. Shock City Studios does not control the use of cookies by these third parties.

Our Commitment to Children’s Privacy: We are concerned about the safety and privacy of children who use the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998, we will never request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a child under 13 has provided us with personally identifiable information without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without verifiable parental consent, he or she should contact us at info@shockcitystudios.com.

Collection of Information by Third-Party Sites and Sponsors: This site may contain links to other sites whose information practices may be different than ours. The fact that Shock City Studios provides a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such sites, its owners or its providers. You should consult the other sites’ privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.

Shock City Studios may offer content (e.g., contests, sweepstakes, or promotions) that are sponsored by co-branded with indentified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. Shock City Studios has no control over the third parties’ use of this information. Shock City Studios will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We may use a reputable third party to present or serve the advertisements on our website. If you choose to visit and advertiser’s landing page by selecting or "clicking on" a banner as or other type of advertisement, you are redirected to that third party’s website. Our privacy policy does not cover any use of information that a third-party as server may collect from you.

Our Commitment to Security: Shock City Studios uses standard industry practices to safeguard the confidentiality of your Information. We are sensitive to your concerns regarding the security of using your credit cards to purchase products over the Internet. Safeguarding your privacy and confidentiality is of the utmost importance to us. We employ different security techniques to protect your Information from unauthorized access inside and outside our company. All data is maintained on secure servers and only a limited set of individuals are authorized to access those servers. These individuals are educated about the importance of proper maintenance and protection of customer data. Our site uses Secure Sockets Layer (SSL) technology. This makes it very difficult for someone to steel your credit card information. We also use encryption technologies to protect the security of your credit card and password information while we are processing your order.

Unfortunately, perfect security does not exist on the Internet. ALTHOUGH WE BELIEVE WE TAKE APPROPRIATE MEASURES TO SAFEGUARD AGAINST UNAUTHORIZED DISCLOSURES OF INFORMATION, WE CANNOT ASSURE YOU THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION WILL NEVER BE DISCLOSED IN A MANNER THAT IS INCONSISTENT WITH THIS PRIVACY POLICY AND MAKE NO REPRESENTATIONS OR WARRENTIES REGARDING THE SUFFICIENCY OF OUR SECURITY MEASURES.

3. User Information and Security Policies

User information. You agree to provide accurate, current, and complete information required to register with and use the Service ("Registration Data"). Shock City Studios may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Shock City Studios in its sole discretion. You agree that Shock City Studios may store and use the Registration Data you provide (including credit card information) for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. Shock City Studios use of your Registration Data is subject to the terms of our Privacy Policy.

Security, You are prohibited from violating or attempting to violate the security of the Service, or interfere with the operation of the site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) hacking or attempting to interfere with service to any user, host or network, including, without limitation, wia means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Shock City Studios will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routing to interfere with the proper working of this Service or any activity being conducted on this Service, or to search this Service other than with the search engine and search agents available from Shock City Studios on this Service and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

4. Studio Rates

Please contact us for rates. Recordings are typically booked by the hour or in blocks.

All Sales are final and all charges from those sales are nonrefundable, except as otherwise set forth in this Agreement.

We reserve the right, at our sole discretion, to refuse or cancel any studio booking for any reason.

5. Agreement to Pay

Payment for products: You agree to pay for all studio time you purchase through the Service, and that Shock City Studios is authorized to bill your chosen payment method for any Products purchased. You are responsible for the timely payment of all fees and for providing Shock City Studios with a valid payment method for payment of all fees.

Shock City Studios only accepts credit cards, cash, and money orders as a form of payment. Shock City Studios does not accept personal checks.

A 50% deposit is required at the time of studio booking. The deposit is applied to your account at the end of your project. Payment in full is expected at the conclusion of booked time.

No masters, DVD’s or CD-Rs will be released until all accounts are paid in full, no exceptions.

6. Cancellation Policy

A 50% deposit is required with booking studio time. In the event of a cancellation or No Show, the deposit will be applied as follows:

No Shows – deposit is applied to that time booked. In the event that time deposit does not cover that time, the balance must be paid prior to next session.

Less than 48 hours notice – deposit is forfeited and applied to booked time.

More than 48 hours notice – deposit is refunded in full.

7. Intellectual Property

The trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of or are proprietary to Shock City Studios or its affiliates in the U.S. and/or other countries, or other respective owners that have granted Shock City Studios the right and license to use such marks. You are granted no right or license with respect to any of such marks and such and all intellectual property may not be used except as provided in this Agreement or in the text of the site.

Unsolicited Submissions: Neither Shock City Studios nor any of its employees accepts, invites or considers unsolicited submissions of ideas, proposals or suggestions related to our Services. All ideas provided in any submission will not be treated as confidential and will become the sole property of Shock City Studios without any compensation. Shock City Studios and its affiliates will have no obligations with respect to such submissions and may use the ideas for any or no purpose whatsoever.

8. Termination

Shock City Studios, in it sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you, including without limitation with respect to Products, content or other materials comprising the Service. Shock City Studios will not be liable for the removal of or disabling of access to any Products, content or other materials under this Agreement. Shock City Studios further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with or without notice, for any or no reason. In the event of termination due to a breach of your obligations under this Agreement, you will remain liable for all amounts due under your Account up to and including the date of termination.

Survival: The provisions of Sections 2, 5, 7, 8, 10, 11 and 12 will survive termination of this Agreement.

9. General Compliance with Laws

The Service is controlled and operated by Shock City Studios from its office in the United States. Purchases from Shock City Studios Music Downloads are available only in the United States. You agree not to use or attempt to use the Service from outside of the United States. Shock City Studios may use technologies to verify your compliance. You agree to comply with all local, state, federal, and national laws, statuses, ordinances, and regulations that apply to your use of the Service, including, without limitation, to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

10. Enforcement of These Terms of Service

Shock City Studios reserves the right to take steps Shock City Studios believe are responsibly necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.

11. Governing Law; Remedies

The laws of the State of Missouri govern these Terms and Conditions and your use of the Service. Your use of the Service may also be subjected to other local, state, national, or international laws. All disputes arising out of or relating to this Agreement or your use of this Service will be exclusively resolved under binding arbitration held in Saint Louis, Missouri before and in accordance with the International Rules of the American Arbitration Association, except that we will have the right to seek injunction relief in state or federal court located in the city of Saint Louis, Missouri to enforce these terms or prevent and infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

You understand and agree that any unauthorized use of the Service, the Products, or any related software or materials, would result in Irreparable Injury to Shock City Studios and/or its affiliates or licensors for which money damages would be Inadequate, and in such event Shock City Studios, its affiliates and/or licensors, as applicable, shall have the right, In addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be constructed to limit remedies or relief available pursuant to statutory or other claims that Shock City Studios, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

12. Miscellaneous

The Agreement constitutes the entire agreement between you and Shock City Studios regarding the Service and governs your use of the Service, superseding any prior agreements between you and Shock City Studios relating to the Service. You also may be subject to additional terms and conditions that may apply when you us affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Shock City Studios failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement, Shock City Studios will not be responsible for failures to fulfill any obligations due to causes beyond its control. Shock City Studios obtains permission from record companies and other content owners to make their musical and other content available to you through the Services. You agree that the content owners that license or otherwise make available their musical and other content to Shock City Studios for the Service are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.

Updated December 11, 2009