The Alien Nation Music Group™ Terms and Conditions referred to as Terms of Use from this point forward
Effective as of March 5th, 2020
Welcome to the The Alien Nation Music Group LLC Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at http://www.thealiennation.net. “Service” refers to the Company’s services bought and paid for via Bohemia Studios referred to as company's "Partner" website at http:/www.bohemiastudios.xyz, in which users can pay for one time services or monthly subscription of services such as, but not limited to mixing or engineering, mastering, beats, web and graphic design, photography, cinematography better known as videography. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a client of the Service. "Partner" refers to Bohemia Studios, as the manager and executor of the Service.
The following Terms of Use apply when you purchase or view the Service via our website located at http://www.thealiennation.net, http://bohemiastudios.xyz, htp://majesticgang.shop, or any of our artist sites.
Please review the following terms carefully. By viewing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may cancel the Service by written notice up to 5 days after purchase for a full refund as long as no work has been done by our partner at time of cancellation. 30 days for 50% refund. After 30 days no refunds and you have right to cancellation and request all files edited or unedited up to that point.
PRIVACY POLICY
The Company respects the privacy of the Service clients. Please refer to the Company’s Privacy Policy (found here: https://thealiennation.net/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you request, receive or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows you to hire us once, weekly, bi-weekly, or monthly subscription for the Service such as but not limited to mixing or engineering, mastering, beats or producer, web and graphic design, photography, cinematography better known as videography, artist development, personal development or entertainers better known as Artist(i.e., Nile Flame, Operator16) for performances, features, collaborations. The Service offered monthly are as such, mixing or engineering and web design. With web design monthly subscription maintenance is included after the building of the website. With mixing or engineering you receive a limited amount of songs a month with a limited amount of revisions. The payment amount can change at any time without notice and you agree to the payment amount and limitation for the Service at checkout screen shown after picking your service from the Site or via http://www.bohemiastudioservices.xyz
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 16 years old and can be a resident of any country as long as United States currency is used for services.
If you are a client who pays for the Service, you will be added to an email list and followed on Instagram by our Partner account @bohemiastudios to further communicate about the Service and to receive messages from the Company. You agree to this and to notify us immediately of any unauthorized company other than the Company and our Partner contacting you using our or our Partner name regarding the Service you choose for. The Company will not be responsible for any liabilities, losses, or damages arising if you break these terms in anyway and/or receive damages or losses due to using the Service and accepting services from entities other than us and our Partner.
THE SERVICE LIMITATIONS
i. Mixing or Engineering song and revisions amounts are as followed: Per song you will receive 1 song mix. Mp3 & WAV included. Allow minimum of 3 Days before delivery. Unlimited revisions up to 3 days after delivery. HQ audio files. Mastering optional with additional fee. Per Album or Mixtape you will receive up to 15 songs mixed & mastered. Minimum 29 Days before completion of all songs. No more than 150 days for completion of 15 songs. Infinite amount of time to delivery of all 15 songs. Up to 9 revisions per song not to increase beyond 100 for entire album or mixtape. HQ audio files. Mastering included. Per extended album or mixtape you will receive up to 22 songs mixed & mastered. Minimum 60 Days before completion of 22 songs. No more than 150 days for completion of 22 songs. Infinite amount of time to delivery of all 22 songs. Unlimited revisions for 60 days from the completion and delivery of 1 song. 3 revisions per song until completion after 60 days. HQ audio files. Mastering included. Songs sent after 30 days of song 1 are not guaranteed by these limitations and are bound by limitations our Partner communicates to you at present time by the email bohemiastudioservices@gmail.com or the Instagram @bohemiastudios. Travel expense for mobile studio sessions are not included in any prices online or documents. Prices and deposits are subject to change and determined by recording engineer at time of booking.
Ia. SUBCRIPTIONS: Monthly and yearly subscription are at the discretion of our engineers. Prices listed are not final and can be changed at any time. The agreement you make is protected by these terms and conditions as long as the engineer is affiliated with our site.
II. Website and graphic design revisions amount are as followed: 1 page website receives 1 revision per month without monthly subscription. Unlimited revisions per month not to exceed 168 hours in addition to building 1 web page with monthly subscription. More pages optional. Unlimited revisions to graphics up to 3 days after final delivery. Revision requests sent after 7 days of final completion of the web page or graphic are no longer guaranteed by these limitations and are bound by limitations our Partner communicates to you at the time by the email bohemiastudioservices@gmail.com or the Instagram @bohemiastudios.
III. Beats are limited to the license agreement you will receive from our Partner via the email bohemiastudioservices@gmail.com after purchase.
IV. Photography and Videography will have their own written agreement for you with the limitations and are to be signed by our Partner and client before services are given to you.
Weekly and Bi-Weekly limitations on the Service are determined at present time of purchasing the Service and are in the written agreement signed by our Partner and the Client for the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. All official content of us and our partner is subject to change without notice on the site or social media and should not be considered a form of agreement between us, You, or our Partner.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other content we may share or that uses our name or Partner name. We take no responsibility and assume no liability for any Content that You or any other client or third party posts or sends concerning the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted about the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to Content by clients that is inaccurate or objectionable when you contact us through the Site, Instagram or via the email bohemiastudioservices@gmail.com about the Service. We reserve the right, but have no obligation, to monitor the materials received through the the Site, Instagram or via bohemiastudioservices@gmail.com about the Service or to limit or deny a client's access to the Service or take other appropriate action if a client violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mail sent between You and our Partner and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of clients or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us via email at indielife@thealiennation.net
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to our clients for receiving the Service. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the clients do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of clients of the Service who are repeat infringers. We may terminate agreements with clients who are found repeatedly to provide or share protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at
4530 S. Orange Blossom Trail #650 Orlando, FL 32839:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content as the Client, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the infringing content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or client, the content may (in our sole discretion) be reinstated online and the Service will continue on in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By sending any Content as a client for the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content from the client and your name, voice, and/or likeness as contained in your Content as the client, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service, other clients of the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to indielife@thealiennation.net or mail to the following postal address:
Customer Support
4530 S. Orange Blossom Trail #650 Orlando, FL 32839
Opting out may prevent you from receiving messages regarding the Site or the Service, other clients of the Service and special offers.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR SENT CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER CLIENT OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more persons from our partners contractors company, editor or a seller of a product or service that you received using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon receiving the service. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://thealiennation.net/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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