Terms Of Service

The Directory of Mastering Studios WEBSITE TERMS AND CONDITIONS OF USE
USE OF THIS WEBSITE SIGNIFIES YOUR UNDERSTANDING OF, AND AGREEMENT TO COMPLY WITH, THESE TERMS AND CONDITIONS OF USE OR SERVICE

Welcome to The Directory of Mastering Studios (http://masteringdirectory.com and http://musicmasteringonline.com) website (“Website”, “The DMS” or “DMS”) . By using this Website, you have entered into a binding agreement to comply with the following terms and conditions of use (“Terms of Use” and “TOS”).

If you do not agree to these Terms of Use, you have no right to use this Website in any way. For purposes of this agreement, the terms “The Directory of Mastering Studios”,  “we” “us,” and “our” refer to The Directory of Mastering Studios. The terms “you”, “your”, “Providers” and “Service Listing” refers to you, as a user of this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS

Modifications of the Terms of Use

We reserve the right to modify these Terms of Use at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Use are posted on the Website (“Effective Date”). Your use of the Website after the Effective Date, constitutes your acknowledgment of such modifications and your agreement to be bound by the Terms of Use as modified. If you do not accept such modifications, do not continue to use the Website. The Directory of Mastering Studios shall provide notice to you of such modifications before the Effective Date by email to the last email address that you gave us. The Terms of Use cannot be modified orally by any Directory of Mastering Studios employees or service representatives.

Privacy and Protection of Personal Information

Our Privacy Policy is hereby incorporated by reference in its entirety and is available at http://musicmasteringonline.com/privacy.

Application of U.S. Law

By entering this Website, you acknowledge that The Directory of Mastering Studios intends this Website only to be construed in accordance with United States law in the State of New York. The Directory of Mastering Studios makes no representations that the materials on this Website are appropriate for use outside the United States or intended to comply with any law other than U.S. law. If you use this Website from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws and regulations, including without limitation applicable laws and regulations concerning the transmission of data.

Personal and Non-Commercial Limited License

The Directory of Mastering Studios hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Commercial use of any content on the Website is absolutely forbidden. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of any state or federal law. You are solely responsible for the audio, video, information, opinions, descriptions, photos, profiles, messages, comments, reviews, tutorials, articles and all other content that you upload, publish, or display on or through the Website, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Website, you automatically grant The Directory of Mastering Studios an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces.

Trademarks, Copyright and Proprietary Rights

The The Directory of Mastering Studios mark and logos are trademarks of The Directory of Mastering Studios. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use The Directory of Mastering Studios’s name, logos, or trademarks without obtaining the written permission of The Directory of Mastering Studios.

All content on the Website, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client-side code (e.g. HTML, CSS, JavaScript, etc.), server-side code (e.g. CMS, Hypertext Preprocessor and SQL databases, etc.), information and statistics concerning the use of the Website, and all copyrightable elements of the Website, and their selection and arrangement (excluding any of User Content) (the “Site Content”) individually and/or collectively, are the proprietary property of The Directory of Mastering Studios and is protected by U.S. copyright law, international treaties and other intellectual property rights. Except as otherwise stated therein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without The Directory of Mastering Studios’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of The Directory of Mastering Studios’s proprietary rights, provided however, that you may download the information and print out hard copies for your own personal, noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you will not provide any information that is false or misleading or hides your identity or violates obligations of confidentiality to any third party or violates local rules and regulations concerning offensive or unacceptable User Content.

You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website or The Directory of Mastering Studios’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so.

Intended Audience

This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.

The Directory is open to non-members, so that mastering service providers (“Providers”) can reach the largest possible audience. Providers are permitted to describe their service offerings, in reasonable detail using our UI page editor, so that potential customers can get a sense of the offerings and expertise.

The Website does not endorse any particular Service Provider. While we will review the listings at least annually, we can not verify the accuracy of the information contained in the listing.

Website Availability

The Directory of Mastering Studios will make reasonable efforts to keep the Website operational. However, events of force majeure (including without limitation, natural disasters, government regulation, strikes, acts of war and terrorism), certain technical difficulties, routine site maintenance/upgrades and other events outside the control of The Directory of Mastering Studios may, from time to time, result in interruptions to the Website. In addition, The Directory of Mastering Studios reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.

Commentary

This Website may include articles and commentary containing information in the form of news, reviews, opinions, articles, tutorials and/or comments (collectively “Commentary”) that, unless otherwise stated therein, should not be construed as specific advice or instruction from The Directory of Mastering Studios or official expressions of The Directory of Mastering Studios. The Directory of Mastering Studios does not warrant, either expressly or by implication, the factual accuracy of the Commentary posted, nor does it adopt any statement as its own, or warrant any Commentary offered by the author of the same.
If you provide Commentary to the Website, The Directory of Mastering Studios reserves the right to moderate, edit, and remove any of your Commentary that The Directory of Mastering Studios deems in its sole discretion to have been submitted in bad faith or with malice or is otherwise in violation of law or the rights of others.

Do Not Call Registry Compliance

By submitting personal contact and/or financial information to The Directory of Mastering Studios through this Website, you hereby grant written permission to The Directory of Mastering Studios to contact you by telephone, mail, and/or e-mail and therefore waive any right to file a claim in any type of civil action, with the United States Federal Trade Commission or any other governmental agency in reference to these calls or contacts.

Links to Affiliate Websites

This Website may contain links to websites controlled or offered by our partners and affiliates, which may contain terms and conditions that are different from these Terms of Use and privacy policies. You should read the terms and conditions and privacy policies on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions and privacy policies contained in such website.

Third-Party Links

This Website may contain links to third-party websites that are not under the control of or maintained by The Directory of Mastering Studios including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of The Directory of Mastering Studios and The Directory of Mastering Studios is not responsible for the contents of any Linked Site. The Directory of Mastering Studios does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. In no event shall The Directory of Mastering Studios be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Directory of Mastering Studios shall not be responsible or liable for any part of any such dealings or promotions.

Third-Party Materials on the Website

This Website may contain materials submitted by third-parties, including but not limited to User Content and advertisements. The Directory of Mastering Studios has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall The Directory of Mastering Studios be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Indemnification

You agree to indemnify, defend and hold harmless The Directory of Mastering Studios, it officers, managers, members, employees, agents, attorneys, affiliates, successors and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law; or (b) your infringement of any copyright or intellectual property rights of any person or entity; or (c) your use of the Website. This provision shall survive the termination of these Terms of Use for any reason.

Content Removal

The Directory of Mastering Studios is a content provider and listing service, not a publisher, thus not obligated to perform editorial duties or responsible for the removal of any content listed either by you, our web spider, robot, or someone on your behalf. We reserve at our sole discretion of the right to remove content we deemed unsuitable to list.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. The Directory of Mastering Studios DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.
The Directory of Mastering Studios MAKES NO WARRANTIES OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR OPERATE IN A TIMELY, SECURE, UNINTERRUPTED MANNER OR THAT ANYTHING GENERATED BY OR OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS WILL BE CORRECTED.
The Directory of Mastering Studios HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA OR OTHERWISE THAT RESULTS FROM YOUR USE OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Directory of Mastering Studios THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL The Directory of Mastering Studios BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF USE OR DATA OR OTHER INTANGIBLE LOSSES, LOSS OF ACTUAL OR ANTICIPATORY PROFITS, LITIGATION, OR INABILITY TO USE THE WEBSITE OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR DATA OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS IN THE WEBSITE, The Directory of Mastering Studios’S EXERCISE OF ITS RIGHTS TO MODIFY, LIMIT, OR DELETE MATERIALS IN YOUR LISTINGS ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Waiver of Jury Trial/Rights to Class Actions

BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.
Copyright Infringement Notice Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact The Directory of Mastering Studios’s designated Copyright Agent and provide the following information:
• A description of the copyrighted work that allegedly has been infringed.
• A description of the material that is claimed to be infringing and the URL of where such material is located on the Website, sufficient to permit The Directory of Mastering Studios to locate the material.
• Your contact information, including an address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• Your physical or electronic signature.
Send this information to:
By email:  info@masteringdirectory.com
You should consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Choice of Law

These Terms of Use shall be construed under and enforced by the laws of the State of Delaware, application of its principles of conflict of laws.

Consent to Receive Notices Electronically

You consent to receive from us any notices, disclosures and other communications (collectively “Notices”), to which these Terms of Use refer, electronically, including without limitation by e-mail, posting Notices on the Website, or other electronic communication technology that may hereafter be developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by communicating to us at info@masteringdirectory.com, and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Use, including, without limitation, the licenses to use the Website set forth above, shall automatically terminate. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

Termination/Access Restriction

These Terms of Use shall remain in full force and effect while you use the Website. The Directory of Mastering Studios may restrict, suspend, or terminate your access to all or any part of our Website at any time and for any reason without notice or liability to you, including without limitation your breach of any of these Terms of Use, violation of the rights of third parties, failure to update or keep your information current.
The Directory of Mastering Studios also has the right to refuse, move, limit the size of data in, or remove, any material that you submit on or through the Website, and to establish general practices and limits concerning use of the Website. The Directory of Mastering Studios reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including but not limited to, technology barriers, IP mapping, and direct contact with your Internet service provider. Upon termination of your access to the Website, The Directory of Mastering Studios shall delete all of your User Content, without liability to you.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by The Directory of Mastering Studios to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate any of your rights hereunder.

Severability

If any provision of these Terms of Use shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact

Any questions about these Terms of Use should be directed to info@masteringdirectory.com.

Opening an Account

To become a User and access the Site and Services you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

Termination

The Directory of Mastering Studios reserves the right to terminate the participation of any User without reason but expressly including any Service Listing that The Directory of Mastering Studios judges to be in violation of this Agreement. Without limiting the foregoing, The Directory of Mastering Studios may terminate the participation of Users or Providers if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

Promotion

You agree and acknowledge that unless explicitly requested, The Directory of Mastering Studios may display your company name, logo and public description of your projects and profile as part of the The Directory of Mastering Studios website(s) and / or other The Directory of Mastering Studios marketing materials.

Acknowledgement

You acknowledge that: (1) The Directory of Mastering Studios is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, in a User Account are not segregated into a separate account but represent unsecured obligations of The Directory of Mastering Studios to the User with respect to the purchase and sale of Services through The Directory of Mastering Studios; (3) The Directory of Mastering Studios is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits.

Bid Option

IF you activate the “Bid Option” in your profile page editor in order to participate in our bidding program, you hereby warrant that you will abide by the rules and honor the rate you selected and published for all visitors to find through the bid price search feature. Bait and switch tactics will suspend and in most cases terminate your account at The Directory of Mastering Studios.
Hold on funds

IF you participate in one of the website’s marketing programs and use of our payment system , The Directory of Mastering Studios, in its sole discretion, may place a hold on any or all of the payments you receive when The Directory of Mastering Studios believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If The Directory of Mastering Studios places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances The Directory of Mastering Studios may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favour, The Directory of Mastering Studios will lift the temporary hold

Avoiding Future Commissions

The Directory of Mastering Studios is FREE, but it may create in the future premium accounts which will require you to make payments to The Directory of Mastering Studios and to make payments to and accept payments from other Users in the purchase and sale of Services generated by The Directory of Mastering Studios directly through the mechanisms available on the Site.

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes for services you acquire or services you perform.

Feedback, Reputation and Reviews

You may not do (or omit to do) anything that may undermine the integrity of The Directory of Mastering Studios’s review or feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to The Directory of Mastering Studios.

Other terms of use:

Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content or user data contained therein without the prior written permission of The Directory of Mastering Studios.
Users will not distribute unsolicited commercial messages (“spam”) through the User’s Account.
Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts for any reason.
If you create a project, you cannot create another Account to bid on it, nor can you award yourself that project.