August 2, 2020

 

Welcome to the One Stop Tracks website, www.OneStopTracks.com (the “Site”). The Site is operated by One Stop Tracks (the “Company,” “we,” “our” or “us”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms and Conditions”), regardless of whether you are a registered user of the Site. If you do not agree to these Terms and Conditions, then do not use the Site.

These Terms and Conditions are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. One Stop Tracks may modify or update these Terms and Conditions at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms and Conditions constitutes your acceptance of those additional or different terms. One Stop Tracks, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company’s Services at any time.

These Terms and Conditions govern your access and use of the Site and all content, services and/or products provided through the Site. Please read these Terms and Conditions carefully before using the Site. If you violate any of these Terms and Conditions (which include by reference the Company’s Privacy Policy, or otherwise violate an agreement between you and us, the Company may terminate your registration, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in its sole discretion, with or without notice.

As used herein, “User”, “Users”, “Client”, or “Clients” means anyone who accesses and/or uses the Site.

Services

One Stop Tracks creates original musical compositions built around Client submitted lyrics and melody. One Stop Tracks uses a DAW (Digital Audio Workstation), a combination of midi equipment and virtual instrument sound libraries to perform its music creation services. The fee charged by One Stop Tracks does not include:

    • The use of live Musicians
    • Audio Editing
    • Vocal Track Arranging
    • Audio Mixing Services
    • Mastering Services
    • Music Copyright

It can take 8 to 15 days before One Stop Tracks provides a proof copy of the music to the Client. These delivery times could take longer if our current workload is heavy. One Stop Tracks will make every effort to communicate with the Client in regards to the status of their order and any possible delays. One Stop Tracks does not nor will not provide refunds or discounts for deliveries that may extend beyond this time frame. Any proof copy sent to the Client will have the “OneStopTracks.com” audio tag attached to it. Proof copies will be in mp3 format. The Client will receive the final version in both wav and mp3 formats. The Client also has the option to purchase the multi-track session files of the song with our Premium Plan.

Custom Music Rate Plans

One Stop Tracks provides two custom music rate plans. Those plans are:

  • Standard Plan | $350.00 per song
    • One Musical Composition
    • Stereo wav & mp3 file of the completed music
    • 100% exclusive rights to the music
  • Premium Plan | $400.00 per song
    • One Musical Composition
    • Stereo wav & mp3 file of the completed music
    • 100% exclusive rights to the music
    • Multitrack files of the completed music

Payment

The Client shall pay the full amount due when placing their order. Payments can be made by debit or credit card only. All payments made to One Stop Tracks are processed through Stripe.com. One Stop Tracks does not have access to a User’s payment information other than name and billing address.

Audio Tags

Every proof copy sent by One Stop Tracks to the Client will contain the “OneStopTracks.com” audio tag every 5 to 10 seconds for the duration of the music. Only the final approved copy of the music will be sent untagged. One Stop Tracks will not under any circumstances remove this audio tag before the music has been approved by the Client.

Client Portal

The Client will be given access to the client portal on OneStopTracks.com after successfully submitting their first order. The Client will have the opportunity to create a Username when submitting their first order. An auto-generated password to the client portal will be sent to the Client via the email address used when submitting the order. The Client will be able to change their password by accessing their account and going to https://www.onestoptracks.com/my-account/edit-account/. Access to the client portal will remain active until closed by the Client or One Stop Tracks. Access to our client portal is prohibited to anyone that is not a Client of One Stop Tracks.

File Upload

The Client will be required to upload their scratch vocal file via the client portal. The Client will be taken to the order confirmation page (“Thank You” page) after successfully submitting their order. From there, the Client can begin uploading their file by clicking the “Upload File” button. Alternatively, the Client can access the file upload page by going to https://www.onestoptracks.com/my-account/upload-files/. The Client shall be solely responsible for ensuring that the correct file is being uploaded. The Client agrees to monitor the upload process to ensure the successful completion of the upload. One Stop Tracks will accept .wav, .aiff, .mp3 and .m4a audio formats only. The Client is required to label the scratch vocal file so as to be easily identifiable. One Stop Tracks is automatically notified of all successful file uploads. One Stop Tracks will notify the Client via email if there are any issues with the scratch vocal file.

Exclusive Rights

One Stop Tracks considers its custom music production services as a “work for hire. Therefore, One Stop Tracks shall grant the Client with the exclusive rights to the music provide that a.) The total fee for creating the music has been paid b.) The Client has granted approval for the music created and c.) The Client has not requested or been granted a refund. No future fees or royalties shall be due or owed to One Stop Tracks after the initial custom music fee has been paid. One Stop Tracks shall retain exclusive rights for any music created where the Client has request a refund or approval has not been granted.

Copyright

It is the Clients sole responsibility to register the final music with The United States Copyright Office. The Client is also solely responsible for the payment of said copyright.

File Delivery

One Stop Tracks will send the final version of the music to the Client via WeTransfer.com. Once the Client receives the link notification from WeTransfer.com, the Client then has seven (7) days to open the link and download the file before the link will expire. One Stop Tracks is notified when the file has been downloaded.

Service Delays

It is understood that One Stop Tracks shall not be held liable for situations or events that hinder One Stop Tracks in its ability to render services. These situations or events include but are not limited to:

  • Natural disasters
  • Severe weather that causes loss of power
  • A Clients delay in uploading scratch vocal files
  • A Clients delay in responding to proof review requests
  • Unforeseen outages or failures with our remote file servers
  • Loss of internet connectivity due to power loss or outages related to the internet service provider

Approval

The Client will be required to grant approval of the music created in order to receive the final untagged version of the music. All proof copies of the music sent to the Client prior to approval will include the “OneStopTracks.com” audio tag. This audio tag will be removed after the Client has granted approval of the music.

The Client may incur additional fees if the Client submits a change request after granting their approval of the music.

If the Client does not respond to our request to review the proof copy within ten (10) days of the date sent, the final version of the music shall be automatically marked as “approved” and the music will be sent to the Client via WeTransfer.com.

Change Request

The Client will be granted three (3) opportunities to request changes to the music provided for review. In each case, the Client shall receive a mp3 proof copy with the requested changes.

Refund Policy

If the Client is not satisfied with the music nor any of the requested changes, the Client may request a full refund of the amount paid. The Client shall understand that any request for a refund shall be made before the Client has granted approval of the song. One Stop Tracks will not grant a refund for any music that has been approved by the Client. The Client understands that the refund is processed through Stripe.com and can take between 5-10 business days to process and clear. In the event a refund is requested by the Client, it is understood that the Client shall not receive the final version of the music and One Stop Tracks shall retain exclusive rights to the music.

Proprietary Rights

One Stop Tracks retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. One Stop Tracks further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to such Services. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Reservations/Refusal of Service

One Stop Tracks reserves the right to refuse service to any person or group for any reason without recourse. These reasons include but are not limited to songs with messages deemed:

  • Derogatory and/or slanderous towards any ethnicity, race or culture
  • Derogatory and/or slanderous towards any person or group because of sexual identity
  • Derogatory and/or slanderous towards any person or group because of religion

In such cases, One Stop Tracks will notify you via email of the refusal of service, mark your order as “canceled” and refund your money.

Eligibility

This Site is intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of or access to the Site by anyone who is not over the age of majority is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Service or the Site, you represent and warrant that you are over the age of majority and that you agree to and abide by all of the terms and conditions of these Terms and Conditions. If you violate any of these Terms and Conditions, or otherwise violate an agreement between you and us, or for any other reason, One Stop Tracks may terminate your registration and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion. You agree that One Stop Tracks will not be liable to you or any third party for any termination of your membership.

Intellectual Property Rights Protection

The customer represents and warrants to One Stop Tracks: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to One Stop Tracks by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and One Stop Tracks are not, or will not be, as a result of the execution and delivery of this agreement or the performance by One Stop Tracks of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer’s intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer’s knowledge, do any grounds for any claims exist.

Customer agrees to indemnify, defend, protect, and hold harmless One Stop Tracks and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description) (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

Content of Site and Products

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. Prices and descriptions for our products and services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

Limitation on Liability

IN NO EVENT SHALL ONE STOP TRACKS, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR YOUR COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100.

Indemnity

You agree to defend, indemnify and hold One Stop Tracks and its affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms and Conditions, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services.

Termination

You agree that One Stop Tracks, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associate with your use of the Site. In the event of termination, the Company has no further obligations to you.

Miscellaneous

This Agreement constitutes the entire agreement between you and One Stop Tracks with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and One Stop Tracks. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of One Stop Tracks to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of North Carolina, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Raleigh, North Carolina. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and One Stop Tracks will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Raleigh, North Carolina with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

Assignment

One Stop Tracks may assign these Terms and Conditions at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms and Conditions. If any provision of this Terms and Conditions is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, including receipt of spam from a user, contact One Stop Tracks at: support@OneStopTracks.com with “Terms and Conditions” in the subject line of your email.