Shock City Studios Online Mixing Terms & Conditions
This website (“Website”) is the property of and is operated by SHOCK CITY STUDIOS LLC trading as SHOCK CITY STUDIOS ONLINE MIXING. References to “Shock City”, “Shock City Online Mixing”, “we”, “us”, or “our” shall also be deemed to be references to SHOCK CITY STUDIOS LLC or its wholly owned and controlled affiliates.
1.ACCEPTANCE OF TERMS
1.1 Access and Acceptance
Your access to and use of this Website and the services referred to in Section 2 below is subject to these Terms and Conditions of Business (hereinafter collectively referred to as “Terms”) By accessing and or using the Website and or Services you signify that you have read the following Terms and accept and agree to be bound by them, whether or not you register agreement on the Website (“Agreement”). Where applicable under law, these Terms constitute a writing signed by you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS YOU MUST CEASE USING THE WEBSITE/SERVICES. Please refer to the document SHOCK CITY STUDIOS LLC STANDARD TERMS AND CONDITIONS OF BUSINESS for additional terms and agreements to these Terms.
1.2 Right to Amend Terms
We reserve the right at our sole discretion to change, modify, add or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate the effective date at the bottom. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Website/Services.
2. THE SERVICES
2.1 Services
This Website offers digital audio mixing services in various formats (“Services”) such formats include digital and physical products and may vary from time to time (“Products”).
3. AGE RESTRICTION
3.1 You certify that you are 18 years of age or older. If you are under the age of 18 you may utilize the Services of the Studio only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of Studio’s Services, including all financial charges and legal liability that he or she may incur.
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you (the “Materials”).
4.2 You agree not to
(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone's privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services;
(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, Trojan Horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services;
(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services;
(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You further agree, represent and warrant that
(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to Shock City Studios by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current;
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services.
5. PRICING AND REFUNDMENT OF SERVICES
5.1 Payment
Payments hereunder to us must be by debit card, credit card, or PayPal.
We will not charge your credit card until your Materials have been successfully uploaded and you have confirmed the details required for your project, following which we will then take payment prior to the mixing commencing. Work is considered commenced after we have received your payment.
5.2 Refunds
We do not provide any refunds after work has commenced on mixing projects.
5.3 Revisions
We will provide one (1) set of revisions free of charge to downloaded Materials upon written request within 7 days of delivery.
6. TRADEMARK AND COPYRIGHT INFORMATION
All material on this website, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to SHOCK CITY STUDIOS LLC and is protected by copyright, trademark and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, without our express prior written consent in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
7. GRANT OF LICENCE
You hereby grant us and our affiliates a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable and fully sub-licensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise use the Materials you provide throughout the world in any media for the purpose of promoting Shock City Studios and Services.
8. PRIVACY
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
9. ARCHIVING
We make no representation or warranty that it shall retain any Materials once the requested work has been completed and the relevant Materials downloaded by you and therefore cannot be held responsible for any partial or complete loss of any Materials. Without prejudice to the foregoing, you give us permission to retain and/or archive copies of Materials for a period of up to three (3) months following the download of the relevant completed Materials by you.
10. EQUIPMENT
Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the Website Products and Services. It is your sole responsibility to ensure that your playback system(s) will function correctly.
11. EXCLUSION OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE PRODUCTS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.
12. TERMINATION
We have the right to terminate your access to any or all of the Website/Services at any time.
13. VOID WHERE PROHIBITED
Although this Website is accessible worldwide, not all Products or Services discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product or Service made on this Website is void where prohibited.
14. INDEMNIFICATION
You remain solely responsive for the Materials and you agree to indemnify, defend and hold harmless Shock City Studios LLC, their parents, affiliates, officers, directors, employees and agents from and against all claims, judgments, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or resulting from any violation or alleged violation by you of this Agreement, including, but not limited to your transmission of the Materials and Shock City’s use of Materials in connection with the Services and as set forth herein. We reserve the right to assume and control the exclusive defense of any matter subject to indemnification by you.
This document updated August 1, 2019.
All materials ©2008-2022 Shock City Studios LLC. All rights reserved.