Irresponsible Recordings Online Mixing
Terms & Conditions
1. ACCEPTANCE OF TERMS
Access to and use of this Website and its services is subject to these terms and conditions, and by accessing and or using the Website and/or Services you signify that you have read the following terms and conditions and agree to be bound by them. Where applicable under law, these terms and conditions constitute a ‘writing signed by you’.
2. THE SERVICES
This website offers digital mixing services in various formats for cd production . Such formats include digital and physical products and may vary from time to time.
3. AGE RESTRICTION
You must be at least 18 years of age to register and use the services provided via this website
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you.
4.2 You agree not to
(a) 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, invasive of anyone’s privacy, or violates any law or the legal rights of others
(b) 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;
(c) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services
(d) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You 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 Irresponsible Recordings by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current;
5. PAYMENTS, REVISIONS AND REFUNDS
5.1 Mixing fees will be paid in full before work commences.
5.2 Irresponsible Recordings does not provide any refunds subsequent to work commencing on mixing projects.
5.2 Revisions: Irresponsible Recordings will provide one (1) set of revisions free of charge to downloaded Materials upon request.
6. IRRESPONSIBLE RECORDINGS CREDIT
We hereby give you permission and you agree to include the following credit in relation to any CD or other record that has been mixed by Irresponsible Recordings Online Mixing Service and released to the public by you: Mixed by Irresponsible Recordings Online Mixing Services
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
Irresponsible Recordings makes 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 Irresponsible Recordings 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.
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.
10. LIMITATION OF LIABILITY
10.1 Irresponsible Recordings and its affiliates are neither responsible nor liable for any damages arising out of or relating in any way to this website, the products, the services, or your use thereof. Irresponsible Recordings does not warrant that the functions contained in this website or the services will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make them available, are or will be free of viruses or other harmful components. Irresponsible Recordings does not warrant or make any representations regarding the use or the results of the use of the website or the services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Irresponsible Recordings) assume the entire cost of all necessary maintenance, repair, or correction of any such materials.
10.2 Notwithstanding any other provision of this Agreement, you and Irresponsible Recordings hereby agree that the maximum aggregate liability of Irresponsible Recordings to you for any claims arising from or related to the Services shall be limited to an amount equal to the respect mastering fee paid by you.
10.3 If you are a consumer this Section 12 does not affect your statutory rights.
You remain solely responsible for the Materials and you agree to indemnify, defend and hold harmless Irresponsible Recordings, their affiliates, employees and roster 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 Irresponsible Recordings’ use of Materials in connection with the Services and as set forth herein. Irresponsible Recordings reserves the right to assume and control the exclusive defence of any matter subject to indemnification by you.
12. MISCELLANEOUS PROVISIONS
12.1 Governing Law This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of England and each party consents to the exclusive jurisdiction of the English Courts for the adjudication of any disputes arising out of or related to this Agreement.
12.2 Severability If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable:
(a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected; and
(b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable and distinct.
12.3 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled.
12.4 Relationship between the Parties There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement.
12.5 No Third Party Beneficiaries Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of its provisions..
12.6 Force Majeure We will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
12.7 Irresponsible Recordings reserves the right to modify or cease operations of the Services at any time without notice.
Effective as of 1 November 2012