eMastered Terms of Service
Thank you for using eMastered (hereinafter also referred to as “we,” “us,” “our,” “the platform,” “the application,” “the service,” “the site,” and “the system”). By using eMastered, you agree to comply with and be bound by the following terms of service, which govern emastered.com, our social media pages, forums, and any other brand-related media created or used by us in the future. If you do not agree to these terms of service then you should not use eMastered.
You further agree by using eMastered that you are over the age of 18 or have the express consent of a guardian or parent to use the application if under the age of 18.
These terms of service may be altered at any time without notice to you. We’ll post modifications to these terms of service to this page. By continuing to use eMastered, you agree to comply by the most recent version of the terms of service available on the site.
eMastered and its content, including but not limited to the graphics, visuals, design, codes, algorithms and other site and application related matters are the property of eMastered or its content suppliers and is protected by United States and international copyright laws. You are prohibited from redistributing, copying, publishing or otherwise using any such materials in any manner that violates such laws.
Your Content, Rights and Admittances:
By using our site you are provided with a non-transferrable, non-exclusive license to access the platform while upholding our terms of service and other policies. Our platform offers you an opportunity to modify and alter your existing creative material. By using our platform you are acknowledging that this material, which shall be henceforth called your “works,” is your own intellectual property and not the intellectual property of another person or entity. This material is not claimed by eMastered, and the intellectual property and copyright of your works remain yours when using our service. You may not copy, upload or share content that is not your intellectual property unless you have express consent to do so from the party or parties that own the content. Should you violate someone else’s copyright or intellectual property rights when using our service eMastered is not liable for any damages incurrent by you for such violations, and by using our platform you give us the right to terminate or suspend your account for said violations.
By using our service you accept that eMastered will be hosting, sharing, and modifying your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and trusted entities we work with to back up and store / share your works with you. We are not responsible for ensuring that the content you share with the platform abides by the aforementioned and forthcoming principles.
Using our platform may require the use of personal email verification or authentication, or other means of password encryption to maintain privacy for your account. It is your responsibility to preserve the integrity of this information, and to not share your account or login details with other parties. Should other parties gain access to your account you will be responsible for their use of the account. In a situation where you feel your account or login info has been obtained without your permission you must notify us in writing, and change your password as soon as possible.
By using the platform you agree to use it as an individual, with your own intellectual property, and not as an institution or larger entity or group of individuals operating through a single account. Using our platform with a single account meant to service the intellectual property of other people or entities is strictly prohibited, and is in violation of the terms of service agreement.
In addition you are permitted to provide links to the application and its contents, provided that those links are not posted to sites that include pornographic, obscene, defamatory, or otherwise illegal / harmful material. This permission is granted unless we request you to cease providing links to our site, upon which you agree to discontinue providing such links immediately.
Acceptable Use Policy:
Our Acceptable Use Policy outlines acceptable and prohibited uses of the site. By using the site, you agree to use the site in accordance with the Acceptable Use Policy.
Proper Acknowledgement for Releases:
In the event that the application is used on a song / piece of audio that is released on iTunes, Spotify or other promotional or relevant medium, you agree to include “mastered by emastered.com” in the credits section of said release. By using our platform you agree to give eMastered permission to use said song / piece of audio and your name to promote our service.
Modification and Termination of the Site
eMastered is constantly trying to improve the site. Accordingly, eMastered reserves the right to make changes to its site at anytime. We also reserve the right to stop or terminate the site altogether. If we stop or terminate the service, we will give you advance notice to get any information belonging to you out of the site, if providing such notice is reasonably possible.
DISCLAIMER OF WARRANTIES:
EMASTERED’S SERVICES, INCLUDING WITHOUT LIMITATION OUR WEBSITE, APPLICATIONS, FORUM, PLUGINS, SOCIAL MEDIA PAGES, ALL SERVICES PROVIDED THROUGH OR BY OUR WEBSITE OR OTHER APPS, AND ALL INFORMATION, MATERIALS, PRODUCT, CONTENT, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY EMASTERED (HEREINAFTER “THE OFFERINGS”) ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND “WITH ALL IMPERFECTIONS”. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, EMASTERED MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OFFERINGS MADE AVAILABLE TO YOU BY EMASTERED. FOR EXAMPLE, EMASTERED DOES NOT PROMISE THAT THE SITE WILL BE ERROR FREE, VIRUS FREE AND WITHOUT ISSUE, THAT ITS SECURITY WILL BE INPENETRABLE, THAT YOU WILL HAVE CONTINUOUS OPERATION OF OR ACCESS TO THE SITE, NOR THAT IT IS RESPONSIBLE FOR THE STORAGE AND SAFEKEEPING OF YOUR WORKS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EMASTERED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANIBILITY, COMPATIBILITY AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY FOR USE OF OUR SITE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EMASTERED AND ITS AFFILIATED PARTIES ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, GOODWILL OR REPUTATION, DATA LOSSES, FINANCIAL LOSSES, OR COSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OR YOUR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF EMASTERED IS AT YOUR SOLE RISK.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF EMASTERED OR ITS’ AFFILIATED PARTIES ARE FOUND TO BE LIABILE, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SITE.
By using our service you agree to defend, indemnify, and hold harmless eMastered and its’ subsidiaries, agents, employees, successors, related parties, advertisers, directors, advisors, shareholders, officers and affiliates (collectively, “Affiliated Parties”) against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from your use of the site, a violation by you of these terms of service or other policies, and / or any intellectual property infringement or violation made by you or your account on the site.
Third Party Disclaimer
By using our platform you understand that that material and opinions shared by third party sources on our platform are not representative of eMastered and its affiliates. This third party content then does not represent eMastered nor does it reflect our opinions. Any third party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us.
In the Case of Unlawful Practices:
If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit. These include but are not limited to disclosing information that we obtain from you on the platform to governmental and law enforcement agencies.
By using eMastered and using a paid offering of any kind within the platform you warrant that any payment information offered in such a transaction is true and complete, that the transactions you incur will be honored by your bank, and that you agree to pay any additional charges such as applicable taxes should they be owed.
Compliance with Legal Matters:
By using eMastered you agree to abide by and comply with ordinances, laws (both foreign and domestic), statutes and regulations that govern your use of our platform and the material and contents provided within it.
You and eMastered each agree that any claim or dispute related in any way to these terms of service or to your use of the site will be resolved exclusively by final and binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures. The arbitration proceedings will be conducted only on an individual basis and not in a consolidated, class or representative action. The arbitration proceedings will be held in Los Angeles, California and each party will share the cost for the arbitration.
If for any reason the claim or dispute proceeds to court rather than arbitration, then you and eMastered each agree to resolve the claim or dispute in state or federal court in Los Angeles, California; to submit to the personal jurisdiction of said court; and to waive any right to a jury trial.
Regardless of the foregoing paragraphs, you and eMastered may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the state of California, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute of any kind that has arisen or may arise between you and eMastered.
If any of the above terms of service are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.
No aspect of this agreement constitutes a partnership or joint venture of any kind between you and eMastered, its subsidiaries, agents, employees, relevant parties, directors, advisors, shareholders, officers and / or affiliates.
PRICING TERMS AND CONDITIONS
Individual Account Use and Declaration:
Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.
The eMastered platform provides annual and monthly billing plans for user accounts. Depending on the subscription plan purchased eMastered will bill a user's credit card either annually or monthly. In the case of a failed transaction or if the payment is not made within a reasonable timeframe eMastered is entitled to prohibit access to your account, and thus prevent access to eMastered and your eMastered audio. You will have seven (7) days after receiving notice that your account payment has not been made to complete the payment in question, after which if the transaction has not been rectified eMastered is eligible to downgrade your account to pay as you go, reduce / remove cloud storage and access to other features reserved for paid plans.
Plus and Professional Plans:
The charges for your Plus or Professional Plan will be transacted from the date you sign up for, or upgrade to a Plus or Professional plan. Your payment method will continue to be charged automatically each month or year henceforth until the plan or account is canceled. Under your "account," tab you will see the date in which your card will be billed next. The billing associated with annual plans will be charged on the same day of sign up / upgrading to an annual plan each year automatically and will take place on the same day of each month for monthly plans based on the day signed up or upgraded. It is possible for your account to begin on a day that is not contained within a given month or year. For example, if your month to month plan was purchased on October 31, November 30 is the next time you will be billed. By signing up for a Professional or Plus plan you acknowledge that the total amount charged on your card can change, and is affected by account changes, referral or other promotional rewards, and / or sales tax application differences. By signing up or upgrading to a Plus or Professional plan you agree to pay such differences. By purchasing a Plus or Professional plan you agree to periodically being charged in anticipation of account or similar transactions. Said fees are non-negotiable and non-refundable, and no refunds will be issued for partially used billing periods.
In a situation where you decide to upgrade your plan from a Plus to a Professional account the renewal period for your new account will be reset, and you will be henceforth billed for the first month or year of the service at some point in the next 30 days.
eMastered reserves the right to adjust fees and charges, or potentially add in new charges and fees to Plus and Professional plans. If such changes occur you will be notified via email prior to the changes going into effect. It is possible to change the preferred billing method for your account, and this can be done in the "Account," tab of our website when you are logged in. In the event of your selected payment method expiring or not being able to process the aforementioned transactions for your Plan you acknowledge that you are liable and responsible for the uncollected monies. You must keep your payment and contact information up to date within using eMastered.
Multi-Month and Annual Contract, Automatic Renewals
eMastered offers a commitment contract option, which is paid monthly for twelve-month cycles ("Contractual Subscription"). Currently, these plans are called the Advanced Pro and Advanced Plus plans ("Advanced Plans"). A customer who purchases an Advanced Pro or Advanced Plus Plan is billed every 30 days for twelve full months ("Contract Term").
At the end of the Contract Term, Advanced Plans will renew automatically, and the payment method on file will automatically be re-charged with the same Contractual Subscription the customer initially purchased. This can only be avoided if the customer requests not to auto-renew, or cancels their Contractual Subscription before the contract is set to renew via their account settings within eMastered's website.
Advanced Plans are non-refundable, and by purchasing an Advanced Plan the customer agrees to the Contractual Subscription and Contract Terms outlined in our pricing page.
If a customer attempts to violate the terms of Contractual Subscriptions, such as disputing the recurring charges / issuing a chargeback with their bank or payments provider or other method, or even avoiding previously agreed upon payments for their Contractual Subscription, the customer will be responsible for all charges and fees incurred in resolving the unpaid debt amounts.
Money Back Guarantee:
Subscription plans are eligible for a full refund up to 14 days following the purchase. At our discretion, you may not be eligible for a refund if you have used the service extensively, for example by having mastered and downloaded tracks multiple times.
Your Plus or Professional Account will be charged or billed until you decide to cancel it or we cancel it for you. To avoid being billed for a future year or month with your payment method you must cancel or downgrade your account before the renewal occurs. When your account is purchased or upgraded eMastered will bill you for the monthly or yearly fees associated with your Plus or Professional plan.
Annual Plus and Annual Professional accounts are billed immediately and are not refundable. IN THE CASE OF A CANCELLATION OR DOWNGRADE OF A Professional OR Plus PLAN NO REFUND WILL BE ISSUED FOR PARTIAL YEARS OR PARTIAL MONTHS. You may cancel your Plus or Professional account at any time however, and the cancellation will be instant. This can be done in the "Account," page accessible within our site's menu. If such a cancellation occurs you will not be reimbursed for previously charged monthly or annual transactions.
By Signing up or upgrading to a Plus or Professional plan and entering payment information for your account you are agreeing to these payment terms and conditions. For other information regarding the terms of service and acceptable use of your Account please check our "Terms of Service," and "Acceptable Use," Policies located in our website's menu.
Removal of Inactive Accounts:
For pay as you go accounts eMastered reserves the right to terminate the account if the user has not logged in within ninety (90) days. This can be done without warning or advanced notice, and in such a scenario all audio files and other aspects of the Account will be terminated.
Payment Method Changes and Updates:
In the event that your Paypal or credit card information changes it is your responsibility to update the information into your eMastered account. eMastered is not liable for any transactions which fail or cannot be processed by our payment processing entity, either through insufficient funds available on or within your payment method or in any other scenario. In such a case your transaction will fail and an error message will appear. eMastered reserves the right to freeze or suspend your account in such a scenario, and additionally we reserve the right to contact you in an attempt to provide proper and updated payment information for your account. In the event of an account suspension you are still liable for the charges and purchases made within our platform.
Unless outlined previously or specifically all amounts included within our platform and its documentation are in US Dollars ($) and exclude additional fees and taxes that are applicable.