Effective as of March 5th, 2020
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
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 firstname.lastname@example.org or the Instagram @bohemiastudios.
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 email@example.com or the Instagram @bohemiastudios.
Beats are limited to the license agreement you will receive from our Partner via the email firstname.lastname@example.org after purchase. 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.
LINKS TO OTHER SITES AND/OR MATERIALS
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.
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.
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
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 email@example.com or mail to the following postal address:
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.
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.”
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.
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