Terms of Service

TERMS AND CONDITIONS

Last updated: SEPTEMBER 2020

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Welcome to The MusiciaMarketplace.com

The Musician Marketplace is a marketplace website for services offered by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of The Musician Marketplace website, including any content, functionality and services offered on or through www.TheMusicianMakerplace.com (the “Site”), by The Musician Marketplace, LLC (Salt Lake City, Utah, The United States), as applicable.

This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not want to agree to these Terms of Service, you must not access or use the Site.

We are available to help at anytime and for 24/7 by contacting us via: support@themusicianmarketplace.com¿

Definitions:

“Buyer/Client”– refers to a registered User who purchases a music service, hire through the Platform.
“Seller/Artist/Freelance” – refers to a registered Users who lists and offers music services for sale to prospective Buyer/Client or other users through the Platform.
“Sales page” is where the seller can describe their Gig and the Gig’s terms, and the buyer can purchase the Gig and create an order.
“Seller’s Profile” – refers to a professional profile of the Seller on The Musician Marketplace with samples of such Seller’s copyrighted work showcased on the Platform.
“Order Deliverables” – refers to the specific work (singles, units, songs, teaching sessions, ready to use stock music tracks, audio files, album, Custom-made services) agreed upon and delivered by the Seller to the Buyer including but not limited to composition, melody-making, copyists, or practicing any skills, craft, techniques, sounds, chords, solos for the buyer to use anywhere for him/her to sell it in a downloadable format as included in the basic session price plus royalties kept to the seller’s rights.

“Sessions/gigs” or “Music Services” – refers to any music creation service, talents as offered, listed, requested and ordered on Freelance basis by Users through The Musician Marketplace
“Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any music services through the Platform, including the ability to communicate with other Users, rate and review their experiences.
“User”, “You” or “Your” – refers to all registered Users of the Platform. Eligibility.

Overview

Only registered users may buy and sell on The Musician Marketplace . Registration is subscription based.
Sessions on The Musician Marketplace may be offered at a base starting price of $10 up to $5000 as determined by the seller.
Buyers pay The Musician Marketplace in advance to create an order.
Orders are purchased through the Order button found on Sales page “after you click on the green play button.”
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
Users may not offer or accept payments using any method other than placing an order through The Musician Marketplace.
Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their sales page for their royalties.
The Musician Marketplace retains the right to use all published delivered works for The Musician Marketplace marketing and promotion purposes.
Sellers/artists are on WFH (Work For Hire) and Royalty based. as the sellers’ description.

Artist/Seller

Sellers/freelance create/list Gigs on The Musician Marketplace to allow Clients to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
Each order you sell and successfully complete, accredits your account with a net revenue of 100% (premium) + royalties of the purchase amount minus payment service expenses 3.7%
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Balance
Sellers may withdraw their revenues using Payment button on their profile.
Sellers are responsible for paying any direct or indirect taxes, worldwide or within The United States , which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Gig price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Sellers.

Sessions

Sessions/gigs created include an audio sample, teachings samples,, ready to use tracks “stock music” sold as is.
Sellers are allowed to list as their subscription plan.
Gigs listed on The Musician Marketplace instructions are shown at this video Here.
Gigs may be removed by the admin for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
1. Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service .
2. Bad quality services
3. Intentional copies of Gigs
4. Spam, Nonsense, or Violent Gigs
5. Gigs misleading to Buyers
6. Reselling of regulated goods
7. Offering to prepare academic works on behalf of Buyers
8. Services that extend beyond 30 days of service duration
Eligible Gigs and Sellers may price their Gigs at a base price beyond $10 to up to $5000 per gig.
Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

Artists/seller Features

Custom Offer

Sellers can also send Custom Offers addressing specific requirements of a buyer.
Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
Custom Offers are sent to administration or directly from the messaging page.

Withdrawing Revenues

To withdraw your revenue, you must have an account with PayPal or Western Union. Transfer fees will be applied as PayPal 3.7% and Western Union up to 10%
Revenues are only made available for withdrawal from the payment page following a safety clearance period of 3 days after the order is marked as complete.
To withdraw your available revenue, you must click on payment feature at the top right of your dropdown menu

BUYERS

Basics

You may not offer direct payments to Sellers using payment systems outside of The Musician Marketplace Order system.
The Musician Marketplace retains the right to use all publically published delivered works for The Musician Marketplace’s marketing and promotional purposes.
Buyers may request a specific service from the “Post a Job” feature found at the top right of Buyer’s dashboard.
Buyers pay The Musician Marketplace to create an order from a seller’s Gig page or Custom Offer, using the Order Now button.
In addition Buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from Sellers through the site or through The Musician Marketplace

Hiring

Gigs may be purchased using one of the following payment methods: Credit Card, Stripe, Apple Pay or PayPal.
Service fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover maintenance fees. As of Oct, 2018, the current fees assessed to the total purchase amount are 1% on purchases. When purchasing from your shopping balance (resulting from any credits or refunds) you will not be charged a service fee. Funds returned to your balance from cancelled orders will not include service fees paid.
If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor.

ORDERS

Once payment is confirmed, your order will be created and given a unique order number.
Sellers must deliver completed digital files and/or proof of work using the Deliver Work button.
Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service.
An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

Payments, Refunds, Order Cancellations and Account Termination

Session Fees, Commission Payments and Chargebacks

All music services / sessions fees on the Platform are quoted in USD and all Platform commissions are payable in accordance with this Agreement. There are no hidden charges and transaction costs. Buyers only pay the session fees and session extras that they order through the Platform and Sellers receive their session sales revenue less deduction of Platform Commission, as determined by the subscription plan of users.

We reserve the right to modify any fees, commision payment, cancellation and refund policy at any time by amending these Terms.

The Company uses a secure payment processor to process all online payments, checks or cash for non online payments and protects both Buyers and Sellers.

Disintermediation

Users agree to make all payments relating to the sale and purchase of sessions and session extras through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute material breach of this Agreement. We are unable to offer any protections to Buyers and Sellers who enter into transactions outside the Platform. Any violation of this provision gives the Company the right to take any remedial measure it deems fit including but not limited to suspending and/or banning your account.

In the event of chargebacks and payment disputes, we will act on behalf of the Seller to resolve the dispute with Paypal Payment Processor. Although we cannot offer any guarantees that the dispute will be resolved in favor of the Seller and full or partial payment will be made

to the Seller’s account, whenever possible we will take the steps in accordance with Paypal’s Seller Protection Policy to resolve disputes in favour of the Seller.

Disputes and Cancellations

Payments, Refunds, Order Cancellations and Account Termination

We reserve the right to modify any fees, commision payment, cancellation and refund policy at any time by amending these Terms.

The Company uses a secure Paypal payment processor to process all online payments and protect both Buyers and Sellers. To learn more about Paypal’s Seller and Buyer Protection pleasevisitPaypalSafetyandSecurity.

Subscription Refunds:

We do not offer subscription refunds, users can cancel at any time.

Order Cancellations by Buyers, Sellers and Refunds

Buyers cannot unilaterally cancel an order if they simply change their mind after they order a session through the Platform. If Buyer changes their mind after ordering the session, they must contact the Seller to request a mutual cancellation of the order. The Seller may in his/her sole discretion accept the cancellation request. However, the Seller is not obligated to cancel an order where the Seller has already delivered the order deliverables or where the Seller has started work on the order. The Seller may refuse to accept Buyer’s cancellation and deliver the agreed upon work within the delivery timeframe. The Buyer will still be able to either mark the order as complete or request revisions. If no revisions are requested the order will be marked as complete automatically after 5 days, and the Seller will receive the session revenue after deduction of Platform Commission. The Parties can both review their experience.
Buyer may cancel an order if the Seller fails to deliver within the agreed delivery timeframe. The Buyer will be entitled to a full refund under such circumstances. However, the Buyer is not entitled to any rights or claims in the work created by the Seller under such order. If the Buyer cancels an order, the Buyer does not have any rights or authorization to use Seller’s session / order deliverables in any context, medium or platform. The Seller will not receive any session revenue for time spent on such cancelled orders and retains all rights in his/her work.
Buyer may not cancel an order if the Seller has delivered the order deliverables and the Buyer is unhappy with the quality of order deliverables. The Buyer can request revisions and the Seller may revise the work but the order cannot be cancelled after delivery.
The Seller may cancel an order if the Seller is unable to deliver to create the order deliverable for any reason. The Buyer will receive the full refund in his/her account and the Seller will not receive any session revenue for such cancelled order.The processing of refund payment may take time. You acknowledge that we cannot offer any guarantees of any nature for the timeliness of refunds reaching your account.The Musician Marketplace Account Termination. You may terminate your The Musician Marketplace account by contacting us at support@TheMusicianMarketplace.com . We will provide you with instructions for terminating your account. Please take note that all your data stored on your account will be automatically removed upon termination of your account and you will not be able to reactivate your account and retrieve old data.

User Generated Content

User Generated Content (“Content”) refers to any and all content uploaded, posted, showcased or listed on the public areas of Platform by Users.

Confidentiality of Buyer’s Information

The Seller agrees to hold all Buyer confidential information in strict confidence and only use such information for the purposes of order delivery. For the purposes of this agreement Confidential Information includes but is not limited to: written scripts, contracts or similar content provided by the Buyer to the Seller to enable the Seller to deliver the session as ordered by the Buyer.

Confidential Information will not include any information which:

is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
was previously known to the Seller or rightly received by the Seller from a third party;
is independently developed by the Seller;
is subject to disclosure under court order or other lawful process; or Seller agrees not to make Buyer’s confidential information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement. All Buyer confidential information shall remain the sole and exclusive property of the Buyer.

Copyright Protection

We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, republish, sell, resell or distribute or in any way access or make available any content that is protected by copyright laws without the express permission to use such content from the authorized person. You may not use any copyrighted material on the Platform for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Platform and take any other appropriate remedial actions that we in our sole discretion deem fit.

If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization, please contact us via email stated below of and provide us with the following information:

Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
Your contact information including your name, phone number and email address;
A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work. Contact us email: support@TheMusicianMarketplace.com Buyers and Sellers Obligations You represent and warrant to the Company that you have the legal right to use any content that you upload, post, buy, sell or share through the Platform. You agree that:

You will not impersonate another User;
You will conduct yourself in a professional manner;
You will not post any offensive, obscene, degrading, misleading text, images, videos,audios or any other media through the Platform;
You will ensure that you are aware of any applicable laws and regulations that apply to you as Buyer or Seller;

You agree that you will not use the Platform and/or any features and functionality offered by the Company for any unlawful/illegal purposes or in any manner that may violate the intellectual property or other legal rights of any third-party;
You agree to provide only true and accurate information on your publicly visible profile;
You agree that you will not upload any false or misleading information on the Platform;
You will immediately notify us of any change in any information or any issues that you encounter during your use of the Platform Services;
In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
You will note collect any information about other Users (including names, email addresses) for any purpose;
You will not reformat or frame any portion of the Platform without express written consent of the Company;
You will not create User accounts by automated means or under false or fraudulent pretences;
You will not submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
You will not transmit any viruses, defects, Trojan horses or other items of a destructive nature;
You will not copy or store any content offered on the Platform for other than your own use;
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;Link to Third-Party WebsitesThe Platform may include links to third party websites. If you click on any such link, you may be redirected to third-party websites that are neither owned or operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party websites. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. Your decision to access any of the third party websites linked to our Platform is entirely at your own risk.

Feedback

We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve our Platform Services, please submit your feedback to the email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Disclaimer

WE SECURE THE SIT AND THE SIT IS ENCRYPTED UNDER HIGH SECURITY SERVICES TO HELP YOU AND YOUR MATERIALS TO BE SAFE. WE VET ALL USERS AT THE HIGHEST DEGREE OF SEARCH. ALL SALE AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT.

ALL SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

OUR DEVELOPER TEAM IS WORKING AROUND THE CLOCK FOR YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOUR USE OF THE PLATFORM AND SERVICES OFFERED THEREIN IS SOLELY AT YOUR OWN RISK. IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY, OR ITS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES ARISING OUT OF ASSOCIATED WITH YOUR USE OF THE PLATFORM SERVICES OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL EXCEED $200.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PLATFORM SERVICES IN LOCATIONS OTHER THAN USA.

Governing Law

This Agreement shall be construed in accordance with the laws of the State of Virginia and USA. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in UTAH.

No Class Action

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to your use of Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Entire Agreement

These Terms, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between you and the Company.

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

Assignment

The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company.

Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, Nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement without any notice.

THE COMPANY ONLY PROVIDES THE PLATFORM TO HELP USERS TO BUY AND SELL MUSIC RELATED SERVICES ONLINE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.