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Terms And Conditions
Revised August 6, 2023
TERMS AND CONDITIONS
Terms and conditions to use Cali Crazed website and services are set forth. You (the “User” or “Customer”) hereby agree to the terms and conditions of each section of this legally binding Agreement (the “Agreement”) when accepting any part of the website, subscription and/or using services (the “Site”), which includes any policy, guideline, provision-points, product, service, producer, feature, website, affiliates, successors, parents, subsidiaries, authors, assigns, and designees (collectively, “Licensor”). By using this Site you warranty that you are eighteen years or older, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions and abides and complies to them. In case of a change in any of the listed Agreement or should one point become invalid, all other points stay unaffected and are still valid. Cali Crazed reserves the right to revise the Terms and Conditions of this agreement at any time. Any such revision will be binding immediately upon posting of the reviewed agreement on our Site. Your continued use of our Site constitutes agreement to any revision of the terms and conditions of this agreement. It is your responsibility to check these Terms & Conditions periodically for changes.
1. Your Warranty To Us
You are the rightful owner of any material uploaded, post or submit therein and warrants that it does not violate any law infringed upon or violate the rights, including without limitation to all copyrights, trademark, service mark, patent, trade secret or intellectual property of any individual or entity. If You are not the rightful owner then You warranty Cali Crazed that you have the necessary and required permissions/licenses to the above stated from the rightful owner and to re-record, edit and or modify the Master Recording Composition or Work. Customer agrees to indemnify Cali Crazed services, its agents or assignees and holds them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and other cases, arising out of any failure or breach by Customer with respect to its warranties as set forth on these Terms and Conditions. Cali Crazed is not responsible for loss or damages caused by using the Site. Customer waives the right to bring any legal action(s) against Cali Crazed and/or its Site, staff, due to any damages or loss, financial or otherwise, resulting from customer’s use of our recording, tracking, mixing, editing, mastering, or licensing Services. Cali Crazed reserves the right to refuse service at its discretion and or terminate service at any time. All users who upload data or information warrant and represent that they own or otherwise control the copyrights and usage to all of such data and information and warrant and represent that they have the right and authority to grant the rights given to Cali Crazed according to these Terms and Conditions and the purpose of the Site, and that the Cali Crazed’s exercises these rights and will not violate the rights of any third party. All users who upload data or information also warrant and represent that the holder of any rights including moral rights, and the rights of publicity and privacy in such content, has completely and effectively waived all such rights and validly, and has granted to you the right to grant the license described in these Terms and Conditions.
Services are custom to customer request and are works made for hire contemplated and defined in Section 101 of the United States Copyright Act, unless otherwise agreed upon. All custom services are started from scratch or have content material that has not been displayed on the web store or distributed to the public. Any material you send must be owned by you or have the rights cleared to use for servicing, must not contain any sampled material and if having services done on someone else behalf, they are aware of the service request and agree to the terms and conditions of this website. Customer continues to own all copyrights to the material content submitted. You agree that Cali Crazed is not held legally liable for any legal issues of any content material you submit to our website or services. If customer cannot make full payment initially a payment plan option can be arranged with at least half as upfront payment. Your track my be used in our catalog for promotional purposes only and in no way will we own any of your track(s) copyrights. Testimonials submitted to us could be posted on our Site. You hereby grant all rights to artistic freedom for services to begin modification of the material content you submit to create new derivative work(s), version, update, content material, product, project, sound recording, composition, song, remix, file, web design, web store modification, code, hosting, patent, trademark, logo, mascot, idea, illustration, text, lyrics, copyright, intellectual property, image, 3d model, visualization, animation, video, description, pdf, document, art, drawing, graphic, comments, messages, calls, emails other type of format now known or later on developed.
After discussing ideas, thoughts, feelings, concepts or descriptions customer will allow up to 5 business days for Cali Crazed service your request. Customer can request to have service done sooner by paying a fee. Customer will receive the first watermarked demonstration sample in low quality to their email in an audio or visual format the revision phase will begin. You will have up to five revisions (the “Revision Limit”) per purchased service request. After the revision limit you can purchase more revisions at a set price to increase by one more revision. Customer will have five business days to revise each version update sent to their email and can request additional revisions. Within those five business days customer must respond with concepts, thoughts, feelings, descriptions, ideas and Producer will make another revision. Or customer can say they are fully satisfied with that revision and within 24 hours all documents embodying that version update will be delivered to their email and all material content embodying that revision along with the license agreement once the remaining payment plan fee is fully paid (the “Completed Service”). If there is no response back to firstname.lastname@example.org regarding the last revision update within five business days, that last revision will be deemed as a Completed Project. If there was more than one version file update in the last revision, only one file shall be deemed as part of the Completed Service and any other material content created, version, rough draft, imagination, expression, document, idea, illustration, text, description, drawing, graphic, comment, image, video, 3d model, animation, sound recording, composition, file or other type of artistic right or material content shall become the new intellectual property of Cali Crazed and customer shall have no copyrights, ownership or interest over those concept ideas (the “Artistic Drafts”). If customer does not notify when next payment can be made or keep up with payment plan (the “Defaulted Payment”) customer forfeits their interest in copyrights and ownership of the intellectual property rights and Cali Crazed will own the intellectual property, copyrights, revision materials, ideas, concepts, descriptions, derivative works and embodiment of the works to cover the cost of time and services. Customer may be provided with a minimum of a business license. Cali Crazed reserves the right to cancel service at any time and customer will receive a refund of amount paid for service and will receive a professional license instead of the custom service material that was created.
4. Credit Service
By making a purchase of our service customer declares that they shall give credit to Cali Crazed in digital or physical format. When given credit you must not make producer look in a way that the Producer endorses you or your use of the Completed Service or made to seem in derogatory manner.
Vocal Shout Out “Cali Crazed”
Music Video – (Produced by Cali Crazed – calicrazed.com)
Song Title – (Instrumental by Cali Crazed – calicrazed.com)
Track Title – (Mastering by Cali Crazed – calicrazed.com)
Album Title – (Album Art by Cali Crazed – calicrazed.com)
3D Model – (Environment Design by Cali Crazed – calicrazed.com)
5. Store Policy
If a separate agreement is provided to customer through a separate license agreement, Transaction (as defined in Section 7 below), bundle or an approved third party, your use of a particular Product and if the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use of the Product. Subject to your compliance with the terms and condition of this Agreement and any other applicable terms and conditions imposed by us, our Affiliates and/or our licensors, you have a limited right to use those Products that you purchase or access though the site solely for your personal, non-commercial or commercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. Any reproduction, transmission, public performance or distribution, if any, of any Product shall not constitute a grant or waiver of any of our rights or copyrights to such Product or other copyrightable matter embodied in or associated with such Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below. Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to this Agreement.
6. Purchases, Refunds and Product Delivery
7. Smart Contract Purchase – Transactions made through smart contracts are Non-Fungible Tokens (NFT) and are stored on a cryptocurrency blockchain global network using wallets and keys. You are responsible for ensuring the proper wallet is making the transaction as if it where a regular purchase. This includes using any type exchange that uses tokens such as Bitcoin, Ethereum, BAT, Doge Coin, USD Coin, Polygon or any other type of smart contract. Purchasing an NFT does not entitle Licensee to any type of legal ownership or copyrights, it only entitles buyer to licensing rights from Licensor according to the type of license purchased. NFT purchases exclude cash, credit or debit cards from getting on the block chain, so you must first send funds to your blockchain wallet then make an NFT Transaction.
8. Rewards – Rewards may be offered by completing a certain task, such as sharing a product, review, service or purchase on social media and tagging Cali Crazed in the appropriate channel (eg. CaliCrazedBeats on TikTok or CaliCrazedMusic on Instagram) so you can receive a reward. The reward can be in the form of a discount, product, points, badges, tokens or service.
9. Product Compability and Usage Restrictions
You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists and Representatives or Providers shall not be responsible or liable for the loss or damage of any Product. Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products. All Products you purchase, obtain or access on or through the Site are sole for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works form, sell or participate in any sale of or exploit in any way, in whole or in party, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us (e.g., a “Create Your Own Video” contest offered on the Site) you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products, unless otherwise expressly agreed upon.
10. Promotion Rules
Cali Crazed does not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of this Site results in the need for servicing or replacing equipment or data, Cali Crazed is not responsible for those costs. The site is provided on an “as is” basis without any warranties of any kind. Cali Crazed, to the fullest extent permitted by law, disclaims all warranties. Cali Crazed may change, suspend or discontinue any aspect at any time, including the availability of any Sites features, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of Cali Crazed without notice or liability.
12. Intellectual Property
The trademarks, names, logos and service marks, registered or unregistered, owned or licensed, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Cali Crazed (collectively the “Trademarks”) displayed on this Site are registered and unregistered trademarks of the Site owner. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Site are the property of their respective owners and may not be used by you in any form. Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of the Site owner. The written content displayed on this Site is owned by its respective author and may not be reproduced in whole or in part without the express written permission of the author. The Site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Cali Crazed and is protected by copyright laws of the United States of America and other countries. You may not sell or modify the Site content or reproduce, display publicly preform, distribute, or otherwise use the Site content in any way for any public, commercial, or non-commercial purpose. The use of the Site content on any other website or in a networked computer environment for any purpose is prohibited. Cali Crazed is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All material contained on Cali Crazed are protected by copyright, and are owned or controlled by Cali Crazed or the party credited as the provider of the contents. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on Cali Crazed Sites.
If you breach any terms and conditions on this website or licensed agreement and do not remedy the breach, Licensor may terminate your use of this site or license at any time or without prior notification. Upon termination you must immediately destroy all downloaded products and remove projects from stores or websites. All notices, requests, cancelations and other communications must be sent by email to email@example.com.
14. Notices and Procedure For Copyright Infringement Claim
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act), Cali Crazed reserves the right, but not the obligation to terminate your right to use the Applications, the Sites or the Services if Licensor determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Cali Crazed accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Cali Crazed has implemented or will implement procedures for receiving written notification of claims infringements and for processing such claims in accordance with the Act. If you believe that anything on the Sites or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email.Please see 17 U.S.C. section 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of out relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Cali Crazed respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights has been otherwise violated, please provide the designated agent listed above with the following information: (I) an electronic or physical signature of the person authorized to act to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;(iii) a description of where the material that you claim is infringing is located on the Sites or Services; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a steenbok by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright intellectual property owner’s behalf.
15. Governing Law
This agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Each of the parties’ irrevocable consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except in actions seeking to enforce any order or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. This site may not be accessed or use by a person, entity or group with a with sanctions from any part of the world. By accessing or using this site you acknowledge that you are not under any trade sanction or embargo, including but not limited to, restrictive sanctioned measures set by agencies such as Specialty Designation Nationals, U.S. Department of Treasury, European Union, Office of Foreign Assets Control or UN Security Council.
You have read and your continual use of this website or Product in a Project constitutes that you understand this entire agreement. In no event shall Licensor, affiliates, directors, officers, owners, agents, employees, information providers, licensors, licensees, successors, parents, producers, subsidiaries, assigns, shareholders, parties, representative parties or designees (collectively, the ‘Indemnified Parties’), be held liable for any direct, representation, damages loss of business profits, business interruptions, samples, goodwill, loss of business information, business opportunity, warranties, covenants, special, indirect or consequential damages, or any other damages of any kind, including without limitation, attorneys’ fees and costs, claim or demand made by any third party due to or arising out of your use of our Store Product, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract (including but not limited negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the Site content of the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the site services, or programs. We do not guarantee that our services will provide any benefit you. In the event of any network downtime, computer technical error and Licensor shall not be held liable for any lost data, income or any other item of value, whether tangible or otherwise, on the website. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Licensor. In no event shall the aggregate liable of Licensor, whether in contract or warranty (including negligence, whether active, passive, or imputed), product liability strict liability or other theory, arising out of or relating g to the use of the Site exceed any compensation you pay, if any, to Licensor for access to or use of the site. No waiver by either party of any right can be construed as a waiver of any other right. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement will be interpreted to carry out the intent of the parties. Licensor will not be liable to you or any third party for any modification, suspension or termination of services or loss of related information. Licensor may amend these Terms at any time without notice as, all terms and conditions will be posted the website and should be consulted by you prior to use. This agreement will be governed by California law. Any action or proceeding arising out of or related to this agreement must be brought, in a state or federal court located in San Diego, California, and both parties irrevocably submit to the exclusive jurisdiction of such courts.
Questions or comments regarding the Terms and conditions of use for this website should be directed to: firstname.lastname@example.org.