Terms and Conditions of MuScene Studio

Definitions:

 The Client: the party utilising the mastering services of MuScene Studio.

 Material: audio material, whether music, speech or any other form of audio signal, contained on any format, whether digitally, such as on computer hard drive, on storage media such as CDR or DVDR, or, in analogue format of any description, such as ? inch tape or audio cassette.

 Mastering Engineer: the person employed by MuScene Studio to execute the audio changes to the Client’s supplied audio material.

 Signatory: the natural person signing the invoice and or other documentation, such as whose name and signature appears on the "received by" and "print name" fields of the relevant documents (quote, invoice or receipt).

Definitions:

 1. The Client is entitled to the execution of reasonable sonic changes (further mastering) to the sound of the final mastered product as supplied by MuScene Studio, however MuScene Studio does not guarantee the Client’s satisfaction or the quality of the final mastered materials because of limitations of technology and the varying nature and quality of the supplied materials. The artistic wishes and recommendations of the Client regarding the material to be mastered will be adhered to as much as is possible.

The Client has 5 working days after the date of the delivery of the masters in which to request re-mastering of the original supplied material. 1 revision will be made at the discretion of the mastering engineer without further charge. Any other revisions after that will be charged at the standard rate. In any case that the Client wishes to provide an altered original, whether in arrangement, mixdown or any other changes, the right to a free re-mastering will forfeit.

2. MuScene Studio accepts no responsibility or liability for losses or damages, whether emotional, financial, material or physical, incurred as a result of the commercial success or failure of the final material mastered by the MuScene Studio.

3. MuScene Studio assumes that the Client possesses the relevant legal and intellectual rights pertaining to the audio material supplied by the Client or their representative to MuScene Studio for mastering. As such, MuScene Studio can accept no responsibility or consequent liability for prior, present or future illegal or inappropriate use of any audio material, or part thereof that it receives for the purpose of mastering or is currently mastering or has mastered. The adherence to and fulfilment of the conditions of all relevant commercial and criminal laws pertaining to the prior or subsequent creation, use and distribution of audio materials supplied to MuScene Studio and received by the Client in the mastered state remains the sole responsibility of the Client and or their representative (signatory).

4. Any payment made to MuScene Studio in counterfeit cash bills or other fraudulent means whether knowingly or unknowingly will not be accepted as final payment.

5. It is the Clients responsibility to ensure the safety of the original audio materials provided by making backup copies before sending to MuScene Studio.

6. In the event of the reproduction, packaging or distribution of any materials, or part/parts thereof, in any audio format whether analogue or digital, mastered by MuScene Studio and whether for the purposes of sale or for promotional activities, then – The words, "Mastered by MuScene Studio - Taiwan Taipei Department" must appear as a credit on the printed material accompanying the recording or as part of the text accompanying credits delivered in an electronic format, or in the case of a physical storage medium such as CD – on the storage medium itself.

7. In the event of the audio material which, having been mastered by MuScene Studio, is distributed for sale, promotional or any other commercial purpose, whether forming the entire content of the distributed collection of audio recordings (as in the case of a compilation) or part thereof, then – All such tracks must be the final product or identical copies of the final mastered materials as mastered by MuScene Studio and may not undergo further editing or audio alteration before duplication or distribution.

8. Should the Client wish to deliver the original un-mastered materials to MuScene Studio via any third party whether it is sent via post, registered post or courier, the risk of loss or damage to the original materials is entirely the Clients.

9. MuScene Studio accept no responsibility for loss or damage to audio materials, whether mastered or un-mastered, or their respective storage mediums, which is lost or damaged while in transit or otherwise in the possession of a third party such as the postal services or a courier company and whether in transit to or from the Client.

10. MuScene Studio tests all final master storage media (CDR) for errors before delivery but does not guarantee that the supplied storage media is error-free and will not accept responsibility for losses incurred due to failures of storage media or the media writing tools used to produce them. It is the Clients responsibility to ensure that the received storage media is complete, functional and without errors prior to duplication or reproduction of the media or the material contained therein. Please listen to your master copy before delivering it for duplication/reproduction/distribution/cutting.

11. MuScene Studio is not obliged to disclose details of any part of the mastering process to the Client or their representative. All employed processes, equipment settings and mastering techniques are the sole intellectual property of MuScene Studio and may not be acquired whether deliberately or accidentally without written permission of the members of MuScene Studio.

12. MuScene Studio does not necessarily agree with or endorse the content of the audio materials provided to MuScene Studio for mastering and no such agreement or endorsement is stated or implied by MuScene Studio’s contractual agreement to perform the service of mastering the audio material in question.

13. The Client at all times and under all circumstances takes full responsibility for the political, sexual, violent or otherwise immoral words, concepts or gestures contained in audio materials supplied to MuScene Studio and irrespective of it’s stage in the mastering process, which may be deemed illegal or unsavory or constitute a violation of applicable R.O.C., USA or international law. MuScene Studio does not claim ownership of such materials even if in possession of such materials and can not be held responsible for the consequences of the deliberate or accidental broadcast of or dissemination of through other means of any material it receives for mastering, is mastering or has mastered.

14. MuScene Studio will act to conserve the privacy and secrecy of all audio materials it receives for mastering and will not provide the material whether mastered, un-mastered or in the process of being mastered to anyone other than the Client, an employee of the Client, or their elected representative as reflected on the quote.

15. The Client is not obliged yet kindly requested to provide MuScene Studio with cover artwork of material mastered by MuScene Studio whenever possible. In case of artwork being supplied, MuScene Studio has the right to use such artwork for promotion on it’s website(s).

16. The Client is required to complete the registration process in order to open an account to use the Services and to purchase Products. Such process requires the provision of certain information by the Client and the registration of a username and password. The Client is responsible for maintaining the confidentiality of the username and password. The Client is fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. It is recommended to change password periodically for additional security. The Client agrees to immediately notify MuScene Studio of any unauthorised use of the password or account or any other breach of security. In no event will MuScene Studio be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of Clients username and or password. In the sole discretion of MuScene Studio and at any time with or without prior notice, MuScene Studio may purge any and all of its files associated with Clients account and Materials. As a result, it is Clients responsibility to keep copies of the original and mastered files and or Materials. If Client requests an additional copy of mastered material from MuScene Studio, MuScene Studio may not be able to provide one unless Client purchased the Archiving service. Material will only be kept as long as Client is subscribed and paid for such service.(yearly charged). Client will release MuScene Studio from any related liability in connection therewith.

17. MuScene Studio cannot be held responsible for loss of intellectual property and consequent emotional, physical, material or financial losses suffered by the Client through theft or loss through transmission and subsequent interception of audio material whether in physical, analogue or digital formats by parties for whom such transmissions were not intended, or through loss due to illegal access to MuScene Studio’s computer systems or hacking, or as the result of a computer virus.

18. Master lacquer services: All vinyl masters will be uploaded to client's account in digital form for approval before cutting. We highly recommend our vinyl clients to order a reference copy before requesting a test pressing from the pressing plant prior to manufacturing. We cannot accept any liability for technical issues arising as a result of not having done so. Any re-cut required post manufacture, without having gone through the reference and test pressing process, will be charged at the normal cutting rate.

19. Terms and conditions are subject to periodic change without notice.