RecordTogether.com Terms and Conditions
1. General Rules of Usage
Any user of our site may be referred to as "user" or "you" within the body of this document.
Providers of Recorded Tracks are referred to as "Studio Musicians/vendors" within the body of this document.
Any use of any tool or service that this site provides is the user's express indication to us that he/she agrees to be bound by each and every term and condition of this document.
Fees and Costs: As indicated herein, there is no charge to create a membership account to be a designer/vendor or buyer. Buyers pay the cost of the awarded design as well as all related Paypal and or Credit Card fees required to complete the transaction. We deduct a 15% service fee from the sales price of the awarded design's price.
We may modify or alter these Terms and Conditions at anytime without any prior notice to you being given. In the event that you disagree with any modification to these Terms and Conditions your sole recourse is to refrain from using this site and the tools and services that we provide. You further use of any of our tools or services, or this site, subsequent to any modification or alteration of these Terms and Services is your express indication to us that you expressly agree to be bound by each and every term and condition of the modified Terms and Conditions document as posted on our site in its modified or altered form.
Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties.
You understand and agree that RecordTogether.com is not responsible for the content provided by third parties. RecordTogether.com does not investigate any content provided by third parties and makes no warranty or guarantee character of any such content, including sound quality, originality, and trademarks or individual or collective portions of any such content. You agree to hold RecordTogether.com and it's owners, officers, principles, associates, advertisers, employees, affiliates, and contractors harmless from any liability and to indemnify the same from any losses, damages, judgments, fees and costs of any nature regarding your reliance upon any content provided to this Site by any third party.
All content on this Site is provided "As is" and "Where is." You assume the sole responsibility of conducting reasonable due diligence regarding verifying any claims as to the original nature of any logo or other product or service that you purchase via this web site.
The content presented on this site that is owned exclusively by RecordTogether.com is protected by various provincial, state and federal copyright laws and other legal restrictions. Other content, not owned by us, is protected by similar laws in various jurisdictions.
While RecordTogether.com does not have an obligation to screen, edit or review third party content, RecordTogether.com does have the right, but not the obligation, in it's sole discretion, to refuse, change, remove or move any content as it deems appropriate to do so.
A. Sales of Content
If you place content on this Site for potential sale, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via this Site. You also warrant and represent that you own or otherwise control all of the legal rights to such content including, without limitation, all the rights necessary for you to and sell the content on our Site.
We do not intercede or become involved with or between any disputes between studio musicians/vendors and buyers.
studio musicians/vendors agree to execute any reasonably required documentation proving the lawful transfer of ownership and control of the winning design to the buyer who has paid for that recording upon the request of the buyer.
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of us. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.
Except for the payment of fees to us, neither you nor we shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code ?1542 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.
You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.
All studio musicians/vendors are solely responsible for their own taxes. Each Studio Musician/vendor is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law. studio musicians/vendors are independent contracts and not employees of our site or corporation.
2. Specific Sales Rules
Those providers of logos are deemed "studio musicians" and or "vendors" within the body of this Agreement.
A. Audio File. The Studio Musician/vendor agrees to provide the buyer with am uncompressed file in .wav, .aif, or .aiff.
B. Representation. The Studio Musician/vendor represents that, other than materials provided to the designer/vendor from the buyer, the Logo is an wholly original work and was not copied in part or whole from an existing Logo or work or otherwise violates any intellectual property law or any other law or right belonging to a third party. The designer/vendor represents that they are the sole author or owner of the Logo, and that the Logo does not violate any patents, trademarks, service or copyrights of another person, form, or entity.
C. Transfer of Ownership. The Studio Musician/vendor, upon purchase, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the recording to the buyer. The Studio Musician/vendor will not use the recording in any further or derivative work.
3. Contractual Rules
All parties who use this site must be at least 18 years of age and legally able to enter into a binding contractual relationship.
We offer a venue where buyers can meet Studio Musicians/vendors and transactions may take place. When a Studio Musician/vendor publishes via upload his/her recording regarding a particular project, that Studio Musician/vendor is making a legally binding offer to sell that design, on an exclusive basis, to the buyer who has posted the project.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any project or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.
4. Fees and Earnings.
A fifteen percent (8.5%) service fee shall be deducted from the sale price of each Recording with the balance sent to the seller's Paypal account as soon as is practical.
5. General Content Rules
A. Your content and or actions on our website:
Must not violate the law of any jurisdiction.
Must not be misleading or violate consumer interest laws
Must not be harmful, threatening, abusive, defamatory, intolerant, be tortuous, or be, in our sole discretion, objectionable or improper.
You may not violate any written agreement that prohibits you from posting content to this Site.
You may not use another's account without permission.
You may not use an invalid or unauthorized payment method.
You may not impersonate another user or participate in projects under a false name.
You may not violate any intellectual property law by posting content to this Site, duplicating content, or offering to sell such content.
You may not post or transmit any content that is harmful to computer software, hardware, or telecommunications equipment.
You may not register under a false name or use an invalid or unauthorized email or physical address.
B. You agree to hold RecordTogether.com harmless and to indemnify RecordTogether.com from any loss, damage, cost, fee and reasonable attorney's fees regarding any actual or threatened litigation arising from your violation or alleged violation of any such law, regulation or statute, including copyright and trademark litigation.
C. By providing your Content to us, you grant, and you represent and warrant that you have the right to grant, an irrevocable, non-exclusive, worldwide license to use, copy, perform, display, and distribute the content for sale until and unless your content is sold or you remove the content from the Site.
All design entries, including prize winning / sold entries remain published on the site in our community portfolio so they can be seen by members of the public. All users who may have a legal interest in such designs give us a permanent, transferable, royalty free license to publish such entries on our site.
D. We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators of the law are prosecuted to the fullest extent of the law.
E. Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site for the purpose of buying and selling the services offered by designer/vendors.
6. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
You agree to indemnify and hold us, our parent company, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the tools and services we provide, any violation by you of this Agreement, or any infringement by your or anyone employed or contracted by you of any intellectual property or any other right of any person or entity, such as the rights of publicity and privacy.
You agree to defend, hold harmless and indemnify RecordTogether, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Services or the use of the Service using your account, including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other users; (iv) any breach of contract or other claims made by members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any user; (viii) any act or omission of yours with respect to the payment of fees; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another user. This defense and indemnification will survive this Agreement and your use of the Site.
8. Modifications and Interruption to Service
We reserve the right to modify or discontinue the services, and our website, with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue any or all of the services that we provide. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
10. Disclaimer Regarding Accuracy of Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. We are not responsible for the services or products offered or old via our service.
We makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11. Governing Jurisdiction of the Courts of St. Paul, Minnesota
All causes of action against RecordTogether must commence within thirty days after the cause arises, or the cause of action is barred.
12. Compliance with Laws.
User assumes all knowledge of applicable law, including copyright and trademark law, and is responsible for compliance with any such laws. The user may not use our tools and services in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements.
Each user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2011 RecordTogether.com, with all rights reserved, or is the property of RecordTogether.com, or other third parties vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RecordTogether.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of RecordTogether.com.
RecordTogether.com owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our business or RecordTogether.com.
All other trademarks displayed on our website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by us of those particular Vendors.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the United States Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following individual as its agent for receipt of notifications of claimed copyright infringement for complaining individuals residing or working in the United States of America. (Residents of other nations, including Canada, may send copyright complaints to us for our review and consideration following this format. Our ultimate action if any will depend on the nature of the complaint sent to us.)
support at recordtogether dot com
15. Other Terms
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and RecordTogether.com, except and solely to the extent expressly stated. All users and studio musicians/vendors are independent contractors.