Online Mixing Terms & Conditions Of Use
This website (“Website”) is the property of and is operated by RiverHill Studios Pty Ltd (“We”/”Us”).
1. ACCEPTANCE OF TERMS
By accessing this website and using the services within, you agree to be bound by the terms and conditions hereby setout which we reserve the right to modify without notice. If you do not wish to be bound by any of these terms and conditions, then you should not use this website or services.
2. THE SERVICES
This website offers online mixing and other professional audio services to a global audience through freelance audio engineers who use this site under a service agreement with Usto promote and provide audio services to you.
3. AGE RESTRICTION
You must be at least 18 years of age to use the Services.
4. USE OF THE WEBSITE AND SERVICES
You or the entity that you have the authority to bind in relation to these audio services are solely responsible for any materials including, but not limited to,audio files, session files, audio data, text and other dataor information (material) submitted by you to us, so that these audio services as setout in the website can take place.
You agree that any material that you send to Us does not infringe any applicable law in respect to any trademark, patent, other proprietary right or intellectual property and as such you warrant and represent that the material that we require to complete the services is material for which you control absolute copyrights.As such you agree to indemnity and hold harmless RiverHill Studios Pty Ltd, its Directors, Employees, Agents and Associates from any claims, losses, expenses or damages including reasonable legal fees resulting out of any claim against you through this agreement.
As such, you agree that you will use this website in the manner it was intended and that the services offered in this website are as indicated or available. You take full responsibility for the use of this website and the services offered within and agree not use this website in a way that will bring disrepute to the website or us this website other than for the commercial purpose it was created by Us.
RiverHill Studios Pty Ltd retains the right to stop services at any time without notice
5. PRICING, TAXES AND COMMENCEMENT OF SERVICES
The pricing indicated within this website may be subject to a goods service or value tax depending on the Country in which the service takes place. If the notion of a value added tax is applicable then the prevailing rate will be incorporated within the pricing as indicated in the website.
All payments for the audio services indicated within the website will be payable upfront and through a secure third provider (PayPal) before the commencement of any work. We do not provide any refunds once work on a mixing project or other audio service once work has started.
You are allowed two revisions of your work, which are included in the price of the mixing project or other audio service. Further work or revisions as such are chargeable as indicated within the website.
6 COPYRIGHT INFORMATION
This website is provided for your personal use. The information and content of this website is the sole ownership of RiverHill Studios Pty Ltd and as such is subject to intellectual property rights. The content of this site other than that which is made available to download, is not to be copied, reproduced or distributed in part or in whole.
7. ENGINEER CREDIT AND USE OF MATERIAL
You are required to include a credit for any audio mixing service conducted by our engineers, which is distributed, to the public. As such we give you authorization to include the following.
Mixed by “name of engineer/studio” at www.mixingAudioPros.com
You grant the right to the engineer and studio who have successfully completed your mix(s) for the sole and unique purpose of demonstration and promoting the work completed by the engineer and studio, the use of mixes, artwork, images, likeness and marks on a non-exclusively basis, in perpetuity and throughout the world.
9. Storage of Materials.
mixingAudioPros will retain all materials associated with your project, such as audio stems, session files and electronic correspondence for a period of 6 months from the date of engagement unless otherwise agreed with you. If such materials are held, we cannot be held responsible for loss or damage, either in part or in full during this period and as such you indemnify us from all action against us for the loss of such materials.
10. LIMITATION OF OUR LIABILITY
As per the full extent allowable by law, RiverHill Studios Pty Ltd, its directors, officers, employees, agents, engineers providing the services to you or associates are not responsible or liable for any direct, indirect or consequential damages arising out the use of this website.
Whilst we will endeavor to ensure that all the services and functions within this website are error free, we do not warrant that the services, the website or servers available to you via theinternet will be virus free. As such, and by agreeing to use our services, you warrant that you will assume all the costs of repair or maintenance of any damage caused to your equipment during connection or use of our services.
Notwithstanding the provisions within this Terms and Conditions of Use you agree that the maximum aggregate liability of RiverHill Studios Pty Ltd to you arising from any claims that you may have in relation to the services as set out in the website will be limited to the amount equal to the amount paid by you for those services. This does not affect your statutory rights if you are a consumer.
Both parties are allowed to terminate at any point by simple notification by email.
The governing law of this agreement and claims made be they direct or indirect arising out of this agreement shall be in accordance with the laws of England and as such you agree that the Courts of England shall be used in relation to any disputes arising through this agreement.
Each provision of this Agreement is hereby declared to be separate, severable and distinct.
This Agreement constitutes the entire agreement betweenUs and you,and any previous agreements, be they oral or written are expressly cancelled.
This agreement does not constitute a joint venture, partnership or agency relationship, and no intention to create any such relationship through this agreement exists.
Under the Third Parties Act 1999, nothing as set out in these terms and conditions is intended to give any beneficial rights to any third party / parties or enforce any of its provisions.
We will not be held responsible for any delay or failure to provide our obligations under the terms and conditions as set out due to force majeure and therefore beyond our reasonable control.