Terms and Conditions

Welcome to Melosity.com, a service provided by Melosity Limited (NDRC, Crane Street, Dublin 8). The terms of use shown below govern your use of Melosity (the “Website”) including the studio and all related data, applications, software, tools, processes, API’s and other services provided by Melosity.com. These terms constitute a legally binding agreement between you (the user) and Melosity (the provider) in relation to your use of the Melosity website.

Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

Melosity reserve the right to update or modify these Terms and Conditions at any time without prior notice to the User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the Website for the purpose of creating original music and collaborating with other Melosity users through the Melosity studio software. You may not use the the Website to violate any applicable local, national, or international law, including but not limited to any applicable laws relating to copyright and data protection. You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, national, or international law.

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

Melosity reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and Melosity will fully cooperate with any authorities investigating violations of these laws.

The services provided by Melosity to you are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services

User Submissions

Melosity does not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.

How we protect your Copyrighted Material

Melosity respects the intellectual property rights of others and expects its users to do the same. You the user remain the owner of all original content uploaded (by you) to the site including, but not limited to; samples, loops, stems, tracks and lyrics. If you collaborate with other users on the site, all decisions regarding copyright, royalties...etc..need to be dealt with separately, away from the Melosity.com website.

As a result, it is recommended for users to agree in writing on their terms prior to engaging in any collaborative projects. Melosity.com will not be held liable for any disputes between users regarding copyright, royalties or any disputes of this nature. Before making contributions to this site, make sure you own the copyright to all material uploaded.

Cookie Policy

What are cookies?

A cookie is a small file which asks permission to be placed onto your computer's hard drive. Once you agree, the file is added and the cookie helps examine web traffic or lets you know when you visit a particular site.

Why do we use cookies?

Essentially, cookies allow us to respond to you as an individual. We can tailor Melosity to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie does NOT give us access to your computer or any information about you, other than the data you choose to share with us. Although most web browsers automatically accept cookies, you can usually modify your browser setting to decline cookies if required. Doing this may prevent you from taking full advantage of our website.

Where do we use cookies?

Cookies on this website are used for:

1. Analytical/performance purposes - this allows us to recognise and calculate the number of visitors and to see how visitors navigate around the website when they are using it. In turn, this helps us improve the way our website functions for each user and tailor make their experience while navigating the site.

2. Functionality purposes - to help us recognise you when you return to our website. This allows us to personalise our content for you and remember your preferences and settings (e.g. your choice of language or region).

3. Sharing purposes – this allows you to share pages with social networks such as Facebook and Twitter.

If you have any questions regarding our Cookie policy then please email us: info@melosity.com

Booking Policy

The parties involved in a booking are the “Booked user” and the “Project Owner.” Melosity provides a platform for its users to book music services from other users within the platform. The site enables registered users to identify each other and work together online for both paid and unpaid services. Melosity’s relationship with you is one of service provider and nothing in these terms of use shall constitute either of us as partner, agent or representative of the other. You acknowledge and agree that Melosity is not involved in the contract between the person being booked and the project owners and has no control over the quality or legality of the service provided by the registered users of the site, or the ability of contracting parties to provide the service or fulfil project work or to pay for the service rendered. We do not guarantee that any registered user will actually complete a project transaction or act lawfully in using the site. Registered users entering into project transactions with other users do so at their own risk. Melosity does not offer any form of insurance or other protection, however some forms of payment permitted on the site, such as Paypal or credit card, may offer limited protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the site.

The site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. If you do not qualify you must not use the services on the site. When the project owner awards a project to a booked user, the project owner agrees to purchase, and the booked user agrees to deliver the services set out in the project in accordance with these terms of use and the contractual provisions agreed between the project owner and the booked user within the project. You agree not to enter into any contractual provisions which conflict with these terms of use.

By entering into a project transaction with another registered user, you create a legally binding contract with that user, unless the transaction is prohibited by law or by these terms of use. You are responsible for ensuring that you comply with your obligations to other registered users. If you do not, you may become liable to that registered user and Melosity. You must also ensure that you are aware of any domestic laws (including common law), international law, statutes, ordinances and regulations relevant to you as the project owner, booked user or user of the site in general.

If another registered user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Melosity has no responsibility for enforcing any registered user’s contractual rights. The relationship between registered users is that of independent contractors. Nothing is these terms of use creates a partnership, joint venture, agency or employment relationship between registered users or between Melosity and any registered users.

Melosity’s Fees and Charges

Our fee’s and charges for bookings and registered accounts are set out below. You should familiarise yourself with these fees and charges before signing up for a registered account with Melosity, booking services from another registered user or starting any transactions within the website.

Melosity does not operate an escrow service. However, we do offer a feature which allows controlled payments to be made by a project owner to the booked user. Once a booking takes place, the money paid by the project owner is held within a Melosity Paypal account. Once the work is completed and the project owner is 100% satisfied, they can confirm the completion of the project and the money will be sent to the booked user. A booked user will only be paid on approval by project owner. Melosity will not be held liable in the event of a dispute arising between the the project owner and booked user. Any disputes arising from a booking that takes place on the Melosity platform can be sent to info@melosity.com and our team will try help resolve the dispute in a timely manner. Melosity reserves the right to refuse to process or to reverse any payment for any reason. In the event that a booking is cancelled, the cost of booking (not including booking fee) will be refunded to the project owner within 10 business days.

By registering as a registered user and providing us with a pre-authorised credit card or debit card or other payment method, you are authorizing Melosity to debit your card/account and/or take payment from your pre-authorised credit card or debit card or other payment method when due for Melosity’s charges and fees set out below and as they may appear on the site (as varied from time to time).

If a user makes a booking through the site and they do not have a Premium account (paid account), they will be charged a 20% fee on top of the booked users booking price. This fee is payable by the project owner and is non-refundable in the event that the booking is cancelled before completion. If a user makes a booking through the site and they have a Premium account (paid account), they will be charged a 10% fee on top of the booked users booking price. This fee is payable by the project owner and is non-refundable in the event that the booking is cancelled before completion.

We offer registered users a basic account (free of charge) when signing up. This account has limited features and incurs a 20% booking fee when making a booking through the site. Users can upgrade to a platinum subscription for recurring monthly subscription of $10 USD per month. Platinum membership is chargeable on a monthly basis with each monthly subscription fee payment each month on the day of signing up to the subscription. Any registered user who upgrades to Platinum membership will be charged one full’ month’s full fee from the date of upgrade and recurring payments will be taken on the same recurring day each month. Monthly subscription fees will be debited from either an authorised credit card or debit card or PayPal account.

A user may cancel their subscription for Platinum membership within fourteen (14) days of signing up for a platinum account by giving notice to the company at info@melosity.com and receive a full refund. The fourteen (14) days begins on the day after a user signs up for your Platinum membership. In the event that a user cancels after this period, payments are non-refundable and the account will be downgraded to a basic (free) account at the end of the current monthly billing period.

Please note all fees and charges including Platinum fees, booking fees and any other fees that occur within the site may vary from time to time. We shall notify users of any such changes and update these terms and conditions and other areas of the site displaying this information.

By becoming a registered user and using the services on the site, you agree to only negotiate with other registered fees for projects on the site, via the site. You agree not to contact any registered users to negotiate or re-negotiate any fee for a project separately from the site at any time during the project. In the event that a registered user takes bookings and does so not using the Melosity site, Melosity reserves the right to remove this user from the site without notice.

User Communication

Melosity may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to, in-studio comments, in-studio chat, emails, and the content of any such communications. Melosity, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Melosity may edit or remove content on the the Website at their discretion at any time.

Use of Personally Identifiable Information

Information submitted to the Website is governed according to Melosity’s current Privacy Policy and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to register as a member. If you create an account on the Website, you may be asked to supply your name, email address and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account. You grant Melosity and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. Melosity cannot and do not assume any responsibility or liability for any information you submit, or your third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless Melosity’s, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable legal fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Melosity have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MELOSITY MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MELOSITY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. MELOSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL MELOSITY OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF, OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. MELOSITY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MELOSITY OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL MELOSITY OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MELOSITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

MELOSITY’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE EURO (€5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT MELOSITY WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

General

The Website is hosted in Ireland. Melosity makes no claims that the Content on the Website is appropriate or may be downloaded outside of the Ireland. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside Ireland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way.

Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Melosity to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Melosity's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of Ireland, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us at info@melosity.com