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Terms of Service
Terms of service
We take the privacy of our users seriously. Your material is not claimed by Remasterify, and the intellectual property and copyright of your works remain all yours. The files you upload and the resulting mastered files are not shared with any customers or persons.
Thank you for using Remasterify (hereinafter also referred to as “we,” “us,” “our,” “the platform,” “the application,” “the service,” “the site,” and “the system”). By using Remasterify, you agree to comply with and be bound by the following terms of service, which govern Remasterify.com, our social media pages, forums, and any other brand-related media created or used by us in the future. If you do not agree to these terms of service then you should not use Remasterify.
You further agree by using Remasterify that you are over the age of 18 or have the express consent of a guardian or parent to use the application if under the age of 18.
These terms of service may update at any time without notice to you. We’ll post modifications to these terms of service to this page. By continuing to use Remasterify, you agree to comply with the most recent version of the terms of service available on the site.
Copyright:
All content within Remasterify, such as graphics, visuals, designs, code, algorithms, and other related materials, are the intellectual property of Remasterify or its content suppliers, and are protected under international copyright laws.
Privacy Policy:
The Privacy Policy details the types of information Remasterify collects from users, how this information is utilized, and the measures taken to ensure its protection.
Your Content, Rights and Admittances:
By using our site you are provided with a non-transferrable, non-exclusive license to access the platform while upholding our terms of service and other policies. Our platform offers you an opportunity to modify and alter your existing creative material. By using our platform you are acknowledging that this material, which shall be henceforth called your “works,” is your own intellectual property and not the intellectual property of another person or entity. This material is not claimed by Remasterify, and the intellectual property and copyright of your works remain yours when using our service. You may not copy, upload or share content that is not your intellectual property unless you have express consent to do so from the party or parties that own the content. Should you violate someone else’s copyright or intellectual property rights when using our service Remasterify is not liable for any damages incurred by you for such violations, and by using our platform you give us the right to terminate or suspend your account for said violations.
By using our service you accept that Remasterify will be hosting, sharing, and modifying your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and trusted entities we work with to back up and store / share your works with you. We are not responsible for ensuring that the content you share with the platform abides by the aforementioned and forthcoming principles.
Using our platform may require the use of personal email verification or authentication, or other means of password encryption to maintain privacy for your account. It is your responsibility to preserve the integrity of this information, and to not share your account or login details with other parties. Should other parties gain access to your account you will be responsible for their use of the account. In a situation where you feel your account or login info has been obtained without your permission you must notify us in writing, and change your password as soon as possible.
By using the platform you agree to use it as an individual, with your own intellectual property, and not as an institution or larger entity or group of individuals operating through a single account. Using our platform with a single account meant to service the intellectual property of other people or entities is strictly prohibited, and is in violation of the terms of service agreement.
In addition you are permitted to provide links to the application and its contents, provided that those links are not posted to sites that include pornographic, obscene, defamatory, or otherwise illegal / harmful material. This permission is granted unless we request you to cease providing links to our site, upon which you agree to discontinue providing such links immediately.
If at any time we feel your account does not abide by the Privacy Policy, Terms of Service, Acceptable Use Policy, the law or other aforementioned policies encompassed by Remasterify, or threatens the livelihood, confidentiality or intellectual property rights of other persons and / or entities we reserve the right to terminate your account and / or remove other content you have contributed to the platform. Termination can also result if your activity or account subjects us to legal liability, hampers the service for other users or negatively impacts other users.
Acceptable Use Policy:
Our Acceptable Use Policy outlines acceptable and prohibited uses of the site. By using the site, you agree to use the site in accordance with the Acceptable Use Policy.
Proper Acknowledgement for Releases:
In the event that the application is used on a song / piece of audio that is released on iTunes, Spotify or other promotional or relevant medium, we request that you include 'Mastered by Remasterify.com' in the credits section of said release; however, it is not a requirement.
Modification and Termination of the Site:
Remasterify is constantly trying to improve the site. Accordingly, Remasterify reserves the right to make changes to its site at any time. We also reserve the right to stop or terminate the site altogether. If we stop or terminate the service, we will give you advance notice to get any information belonging to you out of the site, if providing such notice is reasonably possible.
Disclaimer of warranties:
Remasterify’s services, including without limitation our website, applications, forum, plugins, social media pages, all services provided through or by our website or other apps, and all information, materials, product, content, and other services included on or otherwise made available to you by remasterify (hereinafter “the offerings”) are provided “as is,” “as available,” with “all faults,” and “with all imperfections”. Other than as expressly set forth in these terms, remasterify makes no specific representations or warranties of any kind, expressed or implied, as to the offerings made available to you by remasterify. For example, remasterify does not promise that the site will be error free and without issue, that its security will be impenetrable, that you will have continuous operation of or access to the site, nor that it is responsible for the storage and safekeeping of your works.
To the extent permitted by applicable law, remasterify expressly disclaims all warranties, including but not limited to the implied warranty of fitness for a particular purpose, merchantability, compatibility and non-infringement.
Limitation of liability for use of our site:
To the extent permitted by applicable law, remasterify and its affiliated parties are not liable, and you agree to not hold us responsible, for any damages or losses (including but not limited to lost profits or revenue, goodwill or reputation, data losses, financial losses, or consequential, indirect, exemplary, special, or punitive damages) resulting directly or indirectly from your use of the site, or your inability to use the site. You expressly agree that your use of remasterify is at your sole risk.
Regardless of the previous paragraph, if remasterify or its’ affiliated parties are found to be liable, our total liability to you or any third party is limited to the amount that you paid to use the site.
Indemnification:
By using our service you agree to defend, indemnify, and hold harmless Remasterify and its’ subsidiaries, agents, employees, successors, related parties, advertisers, directors, advisors, shareholders, officers and affiliates (collectively, “Affiliated Parties”) against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from your use of the site, a violation by you of these terms of service or other policies, and / or any intellectual property infringement or violation made by you or your account on the site.
Third Party Disclaimer:
By using our platform you understand that that material and opinions shared by third party sources on our platform are not representative of Remasterify and its affiliates. This third party content then does not represent Remasterify nor does it reflect our opinions. Any third party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us.
In the Case of Unlawful Practices:
If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit. These include but are not limited to disclosing information that we obtain from you on the platform to governmental and law enforcement agencies.
Payment Disclosure:
By using Remasterify and using a paid offering of any kind within the platform you warrant that any payment information offered in such a transaction is true and complete, that the transactions you incur will be honored by your bank, and that you agree to pay any additional charges such as applicable taxes should they be owed.
Compliance with Legal Matters:
By using Remasterify you agree to abide by and comply with ordinances, laws (both foreign and domestic), statutes and regulations that govern your use of our platform and the material and contents provided within it.
Disputes
You and Remasterify each agree that any claim or dispute related in any way to these terms of service or to your use of the site will be resolved exclusively by final and binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association ('AAA') under its rules and procedures. The arbitration proceedings will be conducted only on an individual basis and not in a consolidated, class or representative action. The arbitration proceedings will be held in Los Angeles, California and each party will share the cost for the arbitration.
If for any reason the claim or dispute proceeds to court rather than arbitration, then you and Remasterify each agree to resolve the claim or dispute in state or federal court in Los Angeles, California; to submit to the personal jurisdiction of said court; and to waive any right to a jury trial.
Regardless of the foregoing paragraphs, you and Remasterify may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the state of California, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute of any kind that has arisen or may arise between you and Remasterify.
Severability
If any of the above terms of service are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.
Experimental / Beta Features:
From time to time and at its sole discretion, Remasterify may add partially functioning or somewhat non-functional features or services (“Beta Features. “) These features are subject to all aspects of this Agreement and any other Agreements related to the Services offered by Remasterify. Beta Features are optional aspects of the company’s Services, and by using such features, you acknowledge any risk, and liability is solely your own. Such features can be removed, adjusted, or changed at any time without warning or notice and without any liability. Using such Beta Features allows Remasterify to access, collect/analyze, and or store usage data/metrics to help the company improve its products and services.
Artificial Intelligence Disclaimer:
Several different technologies, including machine learning, are involved in providing the Service. By using the Service, you agree that this technology is imperfect, fast-moving, and rapidly changing, which can lead to ambiguous results. This can include but is not limited to omissions, errors, or other problematic outputs that do not accurately reflect certain things or facts in some instances. By using Remasterify’s Services, you agree and acknowledge that Remasterify is not liable for any such inaccuracies, errors, offensive materials, or mistakes related to anything created by the service or company. Any risk related to / relying on Remasterify is solely your own.
General
No aspect of this agreement constitutes a partnership or joint venture of any kind between you and Remasterify, its subsidiaries, agents, employees, relevant parties, directors, advisors, shareholders, officers and / or affiliates.
PRICING TERMS AND CONDITIONS
Individual Account Use and Declaration:
Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.
Subscription Offerings:
The Remasterify platform provides annual and monthly billing plans for user accounts. Depending on the subscription plan purchased Remasterify will bill a user's credit card either annually or monthly. In the case of a failed transaction or if the payment is not made within a reasonable timeframe Remasterify is entitled to prohibit access to your account, and thus prevent access to Remasterify and your Remasterify audio. You will have seven (7) days after receiving notice that your account payment has not been made to complete the payment in question, after which if the transaction has not been rectified Remasterify is eligible to downgrade your account to pay as you go, reduce / remove cloud storage and access to other features reserved for paid plans.
BILLING:
Plus or Professional Plans:
The charges for your Plus or Professional Plan will be transacted from the date you sign up for, or upgrade to a Plus or Professional plan-1Your payment method will continue to be charged automatically each month or year henceforth until the plan or account is cancelled. Under your 'account,' tab you will see the date in which your card will be billed next. The billing associated with annual plans will be charged on the same day of sign up / upgrading to an annual plan each year automatically and will take place on the same day of each month for monthly plans based on the day signed up or upgraded. It is possible for your account to begin on a day that is not contained within a given month or year. For example, if your month to month plan was purchased on October 31, November 30 is the next time you will be billed. By signing up for a Professional or Plus plan you acknowledge that the total amount charged on your card can change, and is affected by account changes, referral or other promotional rewards, and / or sales tax application differences. By signing up or upgrading to a Plus or Professional plan you agree to pay such differences. By purchasing a Plus or Professional plan you agree to periodically being charged in anticipation of account or similar transactions. Said fees are non-negotiable and non-refundable, and no refunds will be issued for partially used billing periods.
In a situation where you decide to upgrade your plan from a Plus to a Professional account the renewal period for your new account will be reset, and you will be henceforth billed for the first month or year of the service at some point in the next 30 days.
Remasterify reserves the right to adjust fees and charges, or potentially add in new charges and fees to Plus and Professional plans. If such changes occur you will be notified via email prior to the changes going into effect. It is possible to change the preferred billing method for your account, and this can be done in the 'Account,' tab of our website when you are logged in. In the event of your selected payment method expiring or not being able to process the aforementioned transactions for your Plan you acknowledge that you are liable and responsible for the uncollected monies. You must keep your payment and contact information up to date within using Remasterify.
Multi-Month and Annual Contract, Automatic Renewals
Remasterify offers a commitment contract option, which is paid monthly for twelve-month cycles (“Contractual Subscription”). Currently, these plans are called the Advanced Pro, Advanced Plus plans (“Advanced Plans”) and, Yearly Paid Monthly plans. A customer who purchases an Advanced Pro, Advanced Plus Plan, or Yearly Paid Monthly plan is billed every 30 days for twelve full months (“Contract Term”).
At the end of the Contract Term, Advanced Plans and Yearly Paid Monthly plans will renew automatically, and the payment method on file will automatically be re-charged with the same Contractual Subscription the customer initially purchased. This can only be avoided if the customer requests not to auto-renew or cancels their Contractual Subscription before the contract is set to renew via their account settings within Remasterify’s website.
Advanced Plans and Yearly Paid Monthly plans are non-refundable, and by purchasing an Advanced Plan or Yearly Paid Monthly plan, the customer agrees to the Contractual Subscription and Contract Terms outlined in our pricing page.
If a customer attempts to violate the terms of Contractual Subscriptions, such as disputing the recurring charges / issuing a charge-back with their bank or payments provider or other method or even avoiding previously agreed upon payments for their Contractual Subscription, the customer will be responsible for all charges and fees incurred in resolving the unpaid debt amounts.
Money Back Guarantee:
Subscription plans are eligible for a full refund up to 14 days following the purchase. At our discretion, you may not be eligible for a refund if you have used the service extensively, for example, by having mastered and downloaded tracks multiple times.
Account Cancellation:
Your Plus or Professional Account will be charged or billed until you decide to cancel it, or we cancel it for you. To avoid being billed for a future year or month with your payment method you must cancel or downgrade your account before the renewal occurs. When your account is purchased or upgraded Remasterify will bill you for the monthly or yearly fees associated with your Plus or Professional plan.
Annual Plus and Annual Professional accounts are billed immediately and are not refundable. IN THE CASE OF A CANCELLATION OR DOWNGRADE OF A Professional OR Plus PLAN NO REFUND WILL BE ISSUED FOR PARTIAL YEARS OR PARTIAL MONTHS. You may cancel your Plus or Professional account at any time however, and the cancellation will be instant. This can be done in the 'Account,' page accessible within our site's menu.If such a cancellation occurs you will not be reimbursed for previously charged monthly or annual transactions.
By Signing up or upgrading to a Plus or Professional plan and entering payment information for your account you are agreeing to these payment terms and conditions. For other information regarding the terms of service and acceptable use of your Account please check our 'Terms of Service,' and 'Acceptable Use,' Policies located in our website's menu.
Removal of Inactive Accounts:
For pay as you go accounts Remasterify reserves the right to terminate the account if the user has not logged in within ninety (90) days. This can be done without warning or advanced notice, and in such a scenario all audio files and other aspects of the Account will be terminated.
Unless outlined previously or specifically all amounts included within our platform and its documentation are in US Dollars ($) and exclude additional fees and taxes that are applicable.
Fair Usage Policy:
By using Remasterify (herein referred to as 'the service,' 'the platform,' 'the site,' 'the application' and 'the system') you are agreeing to use the service only in the manner in which it is intended to be used and not for any other purpose. Prohibited uses of the platform that will result in the termination of your account and may subject you to civil liabilities and/or criminal prosecution include but are not limited to the following actions or actions similar in nature to the ones listed below:
- Investigating, scanning or measuring / testing the weakness or vulnerability of the network, system, or platform.
- Using our service in any manner other than its intended purpose
- Negatively impacting the system or its users in any way, including but not limited to spamming, DDOS attacks or other methods of overloading and/or flooding
- Attempting to reverse engineer or decipher the inner workings of the platform in any way shape or form
- Offering payment or social media account information within the platform that is not your own
- Misrepresenting your own identity or your relation to an institution or entity, or impersonating or stealing the identity of another person within the platform in any way shape or form
- Creating content within the platform in any way that is pornographic, obscene, defamatory, threatening, racist, illegal, infringing on intellectual property rights of others, or otherwise socially and personally hurtful to you and / or other users
- Doing anything that is unlawful or infringes on the rights of others in any way on the platform
- Using or planting malware or malware like systems on or within the platform
- Entering any portion of the platform that is not meant to be accessed without company consent or authorization, such as backend logs or folders or other developer and company restricted features and areas
- Using the platform with multiple people and or persons / entities accessing the service through your account
English is the authoritative version, translations are provided for convenience and may not be current.
This agreement was last modified or updated on October 5, 2024.