Mastering World's Terms And Conditions
Please read these terms and conditions ("Terms") relating to your use of the www.masteringworld.com web site (the "Site").
The Site provides access to a number of services including:
(a) Facility to upload audio;
(b) Audio Post Production Services ("the Service");
(c) Facility to download processed audio.
By accessing the Site you are agreeing to the terms that appear below. In particular please review the section headed Warranty and Liability which contains important information about your rights and remedies. If you do not agree to these Terms, please exit the Site.
1.1 Following your successful registration to this Site, you may upload audio in preparation for the mastering services.
1.2 There is no obligation on us to provide the Services to you. Following you uploading your Material, we will notify you of our agreement to perform the Services by e-mail. If we decide not to provide the Service, we will delete your material from our server.
1.3 If we agree to perform the Services we will perform the Services in accordance with your requirements specified at the time the Audio is uploaded together with any conditions set out in our e-mail agreeing to perform the Services. For the avoidance of doubt our e-mail will take precedence in the case of any conflict.
1.4 Following our performance of the Services we will notify you that the Audio is ready to be downloaded by you. On receipt of notification you will have 14 days to download.
2.1 In consideration of us performing the Services you will pay us the amount identified by us in the payment page of the Site.
2.2 Unless otherwise agreed in writing the payment mechanism shall be as follows:
(a) Before uploading the audio you will be required to authorise payment of the fee by way of credit card authorisation on a secure third party internet site;
(b) Once payment has been authorised by the third party payment site you may upload the Audio and we will perform the Services.
(c) When the Services have been performed we will complete the transaction and take the payment.
2.3 All amounts identified are exclusive of VAT and other applicable taxes. These will be payable by you at the then current rate.
2.4 If you fail to pay the amount on the due date we may suspend performance of the Services until such payment has been made in full.
3.1 All intellectual property rights in all the materials contained in the Site, the software online quotations and products available for download from the Site and the data collected by the Site (the "Content") including but not limited to patents, copyright, database right and trademarks belong to us or our licensors.
3.2 You may access and view the Content and may retrieve and display Content on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store such Content in electronic form on your computer's local hard-disk for your personal, non-commercial use only.
3.3 You may not otherwise copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission. The Content includes a number of trade marks that are owned by us or our licensors. By making the trade marks available on the Site we are not granting you any licence to use them.
4.1 You may not gain access, or attempt to gain access, by any means to of our computer system or database, other than the Site.
4.2 We reserve the right to terminate your access to the site or to update, alter or supplement any or all of the Content at any time.
4.3 You agree to use the Site and the Content in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not (in our sole judgment) negatively reflect upon our goodwill or reputation.
4.4 Any access to or use of the Site or its Content that is inconsistent with the terms herein is unauthorised and strictly prohibited without our prior consent.
4.5 You agree that your use of the Site and its Content will be in compliance with any additional user requirements provided by us from time to time.
5 Online Facility
If you use our on-line facility:-
5.1 We may, but have no obligations to, issue to you information specifically assigned to you which enables you to access the on-line facility contained within the Site ("Password").
5.2 You shall not use and /or access or attempt to use and /or access any password or account details which we have not specifically assigned to you.
5.3 You agree that you are responsible for maintaining the confidentiality of your Password and account details and are fully responsible for all activities using your Password and account details.
5.4 You agree to immediately notify us of any unauthorised use of your Password or account details and agree to exit your account at the end of each session.
5.5 The ownership of all audio or other material you upload to the Site is retained by you. Whilst we will takes such steps as we feel appropriate to protect your audio or other materials we cannot guarantee the same. FOR THE AVOIDANCE OF DOUBT WE HEREBY EXCLUDE ALL LOSSES, DAMAGES, COSTS, EXPENSES OR SUCH OTHER LIABILITIES RELATING TO ANY LOSS OR UNAUTHORISED ACCESS OF YOUR AUDIO AND/OR MATERIALS.
6 Warranty and Liability
6.1 The Content is only for general information and use and is provided on an "as is" and an "as available" basis. We take reasonable care to check the accuracy and completeness of the Content prior to its publication on the Site. However, because of the nature of electronic distribution via the Internet we make no representations and give no warranties as to the accuracy, availability, completeness, merchantability or fitness for any particular purpose of the Content.
6.2 We do not warrant that the Content or Materials are virus-free or that the operation of the Site will be uninterrupted or error free. Any Content or Material that you download to your computer or otherwise obtain through the Site is at your own discretion. You will be solely responsible for any damage to your computer or any of your data that results from you downloading any of the Content or Material.
6.3 WE DO NOT ACCEPT ANY RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY MISTAKES, ERRORS OR OTHER DEFICIENCIES IN THE SITE AND THE CONTENT AND DISCLAIM ALL LIABILITY IN RESPECT OF YOUR USE OF THE SITE AND THE CONTENT TO THE FULLEST EXTENT POSSIBLE IN EACH APPLICABLE JURISDICTION.
6.4 Notwithstanding the provisions of this Section, our liability is not limited in the case of death or personal injury directly caused by our negligence.
7 Separate Terms and Conditions
7.1 It may be possible for you to access via this Site or via other web sites operated by us to which this Site is linked, the facility to purchase products and/or services. The purchase and use of such products and/or services will be subject to separate terms and conditions.
8.1 We reserve the right to modify these Term at our sole discretion at any time by posting a revised version or any amendments on the Site.
8.2 Any such modifications will supersede all prior versions after the revised version has been posted on the Site. By using the Site after the date of any change you are agreeing to the changes. If you do not agree to any changes you should not use the Site any after the date of the changes that you do not accept.
9.1 We take your privacy seriously and aim to comply with the relevant provisions of UK Data Protection Act 1998. Any information given to us by you or collected by us during your use of the Site will only be used in a manner consistent with providing services in relation to the Site.
10 General Matters
10.1 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect.
10.2 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
10.3 These terms shall be governed by, and construed in accordance with, English law. You agree that the Courts of England shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms.
10.4 The headings in these terms are solely for convenience of reference and shall be given no effect in the construction or interpretation of these terms.
The Site is owned and operated by Donal Whelan trading as Mastering World ("us" or "we"). If you have any questions or queries about this Site or relating to these terms please use the relevant contact details set out on the Contact Us page.