Terms of Use

DCC STUDIOS TERMS OF USE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DCC STUDIOS (COLLECTIVELY THE “PARTIES”). BY CLICKING ON THE “I ACCEPT” BUTTON WHEN ORDERING OR STARTING A PROJECT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

Welcome to DCC Studios. Thank you for selecting DCC Studios (referred to as “DCC Studios”, “we”, “our”, or “us”). Please review these Terms of Use (“Agreement”) thoroughly. This Agreement is a legal agreement between you and DCC Studios, Gemertstraat 21, Arnhem, The Netherlands. By accepting electronically (for example, clicking “I Agree”), accessing or using the website (“Site”) or the project portal (“Portal”) in any manner, including, but not limited to, visiting or browsing, contributing content, ordering products or services, starting a project or otherwise, you agree to this Agreement. If you do not agree, you may not use the Site or the Portal.

This Agreement was last modified on the 6th of June 2016

  1. Agreement

This Agreement describes the terms governing your use of all of the DCC Studios online services provided to you on the Site and the Portal, including products, projects, content and updates (collectively, the “Services”). It includes by reference:

  • DCC Studio’s Privacy Policy provided to you on this website.
  • DCC Studio’s Referral Policy provided to you on this website.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
  1. Ordering Services

You may order Services using the DCC Studios Site and/or Portal but we are not obliged to accept any order.

  1. Account and Password Security

You must keep your account details and any associated passwords secure and confidential. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by DCC Studios and its suppliers is sufficient for your purposes and implementing any other security measures you deem appropriate.

  1. No Illegal or Third Party Use

You agree not to use, nor permit any third party to use, the Site and/or Portal in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to the Site and/or Portal to any third party.
  • Reproduce, modify, copy, deconstruct, or reverse engineer any part of the Site or Portal.
  • Make any part of the Site or Portal available on any file-sharing or application hosting service.
  • Make or attempt to make referrals other than in accordance with the DCC Studios Referral Policy.
  1. Ownership and Intellectual Property

We provide you with Services only, and you obtain no ownership of or interest in our hardware or software or any of our intellectual property or any other DCC Studios assets, other than in accordance with this Agreement. No intellectual property or other ownership rights, including but not limited to copyright, trademarks, website design, text, graphics and source code, in the Site or the Portal transfer from you to us, or us to you, as a result of this Agreement.

Ghost Production, Vocal Services

Ownership of the master recording is transferred from DCC Studios to the customer when the full amount owed by the customer to DCC Studios is paid. Ownership of the master recordings will not pass to the customer until full payment is received. DCC Studios shall never upload Ghost Productions made for clients to its own portfolio. The (artist)name of the vocalist shall always be featured on a track as featuring artist, unless agreed upon differently.

Mixing & Mastering, Co-Creation Services

Ownership remains with the original owner of the recordings parts that are delivered by you. No transfer of ownership from you to us takes place. DCC Studios is entitled to upload all finished mixing and mastering tracks to its own portfolio.

  1. Copyright and Master Royalties:

6.1 Ghost Production Services

Ghost Production Services: ‘the production of master recordings, by a music producer, appointed by DCC Studios’.

Upon request of costumer, DCC Studios shall produce and present to costumer 3 ‘set ups’ (as the term is understood in music business) of a track. Costumer shall reply within 3 working days with:

-the confirmation which set-up is approved and to be converted to a final track;

-input/references with regards to the production of the final track.

After choosing a set-up, costumer will have 5 more feedback rounds, before DCC Studios delivers the final master. The final master shall be reproduction ready and therefore mixed and mastered.

Copyright

Unless agreed upon differently, copyright of the composition, embodied on the master recording, shall be divided equally between DCC Studios and costumer. Upon delivery of the master recordings, parties will sign a master transfer confirming this split and the names of the composers on the composition, as well as their publisher designee and membership of a collecting society. If customer is not represented by a publisher by the time that DCC Studios starts working on a production, the copyright share of costumer shall be represented worldwide and for the lifetime of copyright by a publishing company, designated by DCC Studios and the regulations of the Dutch copyright society BUMA/STEMRA shall apply.

Master Royalties

Unless parties agree on a buy-out (as the term in understood in music industry), any royalty income, generated by the exploitation of the master recording, shall be divided equally between DCC Studios and costumer. Upon delivery of the master recordings, parties will sign a master transfer confirming this split. Costumer shall do its utmost that a releasing entity shall pay out any royalty income and/or synch income directly to DCC Studios.

6.2 Mixing & Mastering Services

Copyright

Copyrights, embodies on the master recording shall remain with the original composer of the delivered parts and therefore DCC Studios nor their producers are entitled to a copyright share, unless otherwise explicitly agreed upon by parties.

Master Royalties

Any royalty income, derived from the exploitation of the master recording, shall remain with the original owner of the delivered parts and therefore DCC Studios nor their producers are entitled to an income share, unless otherwise explicitly agreed upon by parties.

6.3 Co-Creation Services

Copyright of the composition, embodied on the master recording, as well as income, derived from the exploitation of the master recording, shall be divided pro rata the creative input of costumer and DCC Studios. In the event the creative input of both parties can’t be established, DCC Studios and costumer are entitled to an equal share of the copyright and royalty income. Upon delivery of the master recordings, parties will sign a master transfer confirming this split. Costumer shall do its utmost that a releasing entity shall pay out any royalty income and/or synch income directly to DCC Studios.

6.4 Vocal Services

In the event that DCC Studios is required to write the lyrics to the production DCC Studios shall deliver this within 10 working days. Customers will be entitled to 3 feedback rounds on the lyrics. Once such lyrics are approved by Customer, DCC Studios shall record the vocal. Customer will have 3 more feedback rounds regarding the recording, before DCC Studios delivers the final master. The (artist)name of the vocalist shall always be featured on a track as featuring artist, unless agreed upon differently.

Copyright

In the event that DCC Studios or its affiliates engage in lyric writing, unless agreed upon differently, copyright of the composition, embodied on the master recording, shall be divided equally between DCC Studios and costumer. Upon delivery of the master recordings, parties will sign a master transfer confirming this split and the names of the writers and/or singers, as well as their publisher designee and membership of a collecting society. If customer is not represented by a publisher by the time that DCC Studios starts working on a production, the copyright share of costumer shall be represented worldwide and for the lifetime of copyright by a publishing company, designated by DCC Studios and the regulations of the Dutch copyright society BUMA/STEMRA shall apply. If the vocal service only concerns singing/recording the copyright remains with the client.

Master Royalties

In the event that DCC Studios of its affiliates engage in lyric writing, unless parties agree on a buy-out (as the term in understood in music industry), any royalty income, generated by the exploitation of the master recording, shall be divided equally between DCC Studios and costumer. Upon delivery of the master recordings, parties will sign a master transfer confirming this split. Costumer shall do its utmost that a releasing entity shall pay out any royalty income and/or synch income directly to DCC Studios. In the event that DCC Studios only engages in recording and/or singing this percentage becomes 25%.

6.5 Samples

All samples that are used by DCC Studios’ producers in their productions for clients are either royalty free or have been cleared (our producers are not allowed to use any samples that have not been cleared or are not royalty free). In the event that client requests a certain sample in the production, client is responsible for the clearance of the sample. DCC Studios nor its producers are in such case liable for any damages or claims.

  1. Payment

7.1 Quotes are Non-Binding and Without Obligation

All quotes and offers are without obligation and DCC Studios will not be bound by any quote or offer.

7.2 Prices Inclusive of VAT

All prices on the Site and/or the Portal include VAT and other taxes where applicable.

7.3 Payment Terms

Ghost Production Projects

Thirty percent (30%) of the total amount of the project fee shall be paid as a pre-paid deposit before commencement of the production. Thirty percent (30%) is to be received after consumer has chosen one of the three demos (set-ups) that are presented by DCC Studios. The remaining project fee balance of forty percent (40%) is due upon project completion and shall be paid within 30 days after such completion.

Mixing, Mastering, Vocal and Co-Creation Projects

Fifty percent (50%) of the total amount of the project fee shall be paid as a pre-paid deposit before commencement of the production. The remaining project fee balance of fifty percent (50%) is due upon project completion and shall be paid within 30 days after such completion.

7.4 Delivery of Files

All necessary project files will be delivered to customer upon payment of all outstanding fees to DCC Studios by the Customer and signature of a separate master transfer.

7.5 Late Payments and Collection Terms

Customer is responsible for all extrajudicial debt collection expenses, attorneys’ fees, court costs, and related expenses incurred in the event payment is not made in a timely manner, and proceedings are brought by DCC Studios to collect sums owed. Interest on all monies owed will be charged at the maximum statutory commercial rate.

7.6 Your Account Records

We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.

  1. Cancellation

8.1 Cancellation of Project

Ghost Production Services

A project may be cancelled at any time before the client has chosen upon one of three demos. No cancellation is permitted after the demo has been chosen. If the consumer cancels the project before three demos are represented, DCC Studios is entitled to maintain the pre-deposit payment.

Mixing and Mastering, Co-Creation Services

A project may be cancelled at any time before the client has received the first version of the project. No cancellation is permitted after this. If the consumer cancels the project before receipt of the final project, DCC Studios is entitled to maintain the pre-deposit payment.

Vocal Services

A project may be cancelled prior receiving the first version of either the lyrics or recording, depending on the specific service. No cancellation is permitted after this.

8.2 Payments are Nonrefundable

(Pre)payments are nonrefundable and shall not be returned.

8.3 Customer’s Payment Obligation

Ghost Production Services

Customer becomes liable for payment of the full project fee upon selection of a demo.

Mixing and Mastering, Co-Creation Services

Customer becomes liable for payment of the full project fee upon reception of the first version of the project.

Vocal Services

Customer becomes liable for payment of the full project fee upon confirmation of the lyrics. In the event that project only concerns recording, Customer becomes liable for payment of the full project fee upon confirmation of the recording.

8.4 Effects of Cancellation

In event of cancellation by the customer:

Ghost Production

  1. the customer shall not be entitled to exploit any master recordings delivered by DCC Studios whatsoever;
  2. customer will not have and must not claim ownership of the master recording;

iii. any and all material received to date from DCC Studios must be deleted and is not permitted to be used by customer;

  1. any and all material received to date by DCC Studios from the customer becomes unavailable to the customer; and
  2. the customer is prohibited from publicizing that the production is made by or in any manner connected to DCC Studios.

Mixing and Mastering, Vocal, Co-Creation Services

  1. the customer loses the right to use the track with the alternations made by DCC Studios;
  2. any and all material received to date from DCC Studios must be deleted and is not permitted to be used by customer;

iii. any and all material received to date by DCC Studios from the customer becomes unavailable to the Customer; and

  1. the customer is prohibited from publicizing that the production is made by or in any manner connected to DCC Studios
  2. Your Representations and Warranties.

You represent and warrant to us that:

  1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party.
  3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement and in any material you supply to us in connection with a project or otherwise.
  4. All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
  1. Indemnity

You agree to indemnify and hold harmless DCC Studios and its subsidiaries, licensors, affiliates, third party information providers, freelancers, producers employees, and agents, against any and all damages, losses, costs (including, but not limited to, legal fees), claims, suits, actions, or other proceedings brought against DCC Studios based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use or inability to use the DCC Studios content and its information, your use of the Services or your uploaded data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. DCC Studios reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by DCC Studios in the defense of any Claims.

  1. Limited Warranty

DCC SUDIOS WARRANT TO ACT WITH DUE SKILL AND CARE BUT WE MAKE NO FURTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, THE PORTAL OR THE SERVICES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SITE AND THE PORTAL WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

  1. Limitation of Liability

We make no representation and provide no warranty that the operation of DCC Studios will be uninterrupted or error-free. So far as the law permits, we disclaim all implied warranties, terms or conditions of satisfactory quality, merchantability, fitness for purpose, title or non-infringement or any implied warranties arising out of course of performance, course of dealing or usage of trade. So far as the law permits, we will not be liable for direct, indirect, incidental, special or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits or loss of data arising in connection with this Agreement or our performance of services or of any other obligations relating to the Agreement. If, notwithstanding the foregoing, a liability arises, you agree that our aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable by you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

  1. Terms and Termination

The Agreement remains in force unless expressly terminated in writing by the Parties. We may terminate your access to the Site or the Portal, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination.

  1. Injunctive and Other Equitable Relief

You agree that monetary damages for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case DCC Studios will be entitled, in addition to damages or any other type of relief, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.

  1. Force Majeure

A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, natural disasters, or any other force majeure event.

  1. Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. The applicability of the Vienna Sales Convention is excluded. You expressly agree that exclusive jurisdiction for any claim or dispute with DCC Studios resides in the courts of the Netherlands.

  1. Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement by posting the updated terms on the Site. Your continued use of the Site and/or Portal after any such changes constitutes your acceptance of the new terms.

Please review this Agreement periodically for changes. If you do not agree with this Agreement or any changes to this Agreement, do not use, access or continue to access the Site and/or Portal and discontinue your use immediately.