|
|
 |
 |
|
| |
|
|
|
| |
TERMS OF SERVICE |
|
| |
|
|
|
| |
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ZAPSTARS THAT STATES THE TERMS AND CONDITIONS OF ANY PARTIES USE OF THE ZAPSTARS MUSIC DISTRIBUTION SERVICE. AS PART OF THE SERVICE ACTIVATION OR PURCHASE MADE YOU NEED TO READ AND AGREE ALL OF THE STATED TERMS AND CONDITIONS.
|
|
| |
You agree to provide correct Registration information, required to register with this Service. You further agree to update any registration data required to keep your service active and up to date. Zapstars has the right to terminate any part of your Service without notice if any information is found to be incorrect. You agree that Zapstars may store and use any provided registration data including credit card details for use of maintaining any administration and accounting fees to your credit card.
Registered as a user of this Service you are solely responsible for the confidentiality and security of your Account. Your Account information should remain confidential to you and not revealed to anyone else or should you use anyone else's Account. You are solely responsible for all activities and transactions throughout your Account, and you agree to notify Zapstars of any security breaches and/or unauthorized use of your Account. Zapstars does not take any liability for losses regarding unauthorized use or security breaches of your Account.
|
|
| |
|
|
| |
Age Requirements |
|
| |
|
|
|
| |
You agree that you are aged 18 years or older and that any part of this Service is only available for individuals from the stated age of 18 years. Any Person under the age of 18 years must have guardian or parental guidance that have read and understood all of the Terms and Conditions stated in this agreement.
|
|
| |
|
|
| |
Agreement to Pay |
|
| |
|
|
|
| |
You hereby understand and agree to the payment schedule and conditions for all administration services applied for as a user, and that Zapstars may charge your credit card for these services. These may include transaction fees, administration fees, taxes and currency conversion that may be in addition to the fees and charges stated in the payment schedule and conditions or sales price listed for the artistic material.
All users or parties must have their own Paypal account (TO BE SET UP BY YOU) and all fees must be paid through Paypal but not limited to credit card billing that you designate during the registration process. Zapstars reserves the right to change prices and conditions at anytime.
You hereby agree that all sales and transactions are final. |
|
| |
|
|
| |
Changes |
|
| |
|
|
|
| |
Zapstars reserves the right, at any time, to revise, update, and/or modify this Agreement and to supplement new or additional rules, policies, terms, or conditions on your use of this Service. You agree that Zapstars may remove this service from time to time for indefinite periods, or cancel the service at any time, without notice to you.
|
|
| |
|
|
| |
Copyrights |
|
| |
|
|
|
| |
All copyrights are reserved to Zapstars as an internet website consisting of a music distribution service, trading artistic material through Zapstars such as, but not limited to: Zapstars logos, technical information, drawings, specifications, web designs, Zapstars photographs, business information, electronic documents, statements, specifications, and market information.
Zapstars does not take responsibility for any legal copyright, censorship or trademark infringements that has been breached by you and will remain the sole responsibility of the parties that participate in this service.
Zapstars does not represent or claim that this service owns any artistic or advertising material and it is the sole responsibility of any parties that participates in this service for their own copyright, trademarks and/or royalty protection.
The artists hereby agrees that they own the copyright of their musical content submitted to Zapstars.
| |
| |
|
|
| |
Purchasing Conditions |
|
| |
|
|
|
| |
You shall be authorized to use the artistic material to burn and export solely for the purchaser's personal use only, and not for commercial use. This does not waiver the rights the owners and/or artists have on the copyright content of any audio recording, musical composition, video footage, photos or artwork embodied in any of their material.
You hereby agree that as a purchaser you do not have any permission granted to you for any commercial or promotional use of any of the artistic material such as but not limited to: the audio recording, musical composition, video footage, photos or artwork. Under no circumstances are you allowed to mass produce, post and/or re-distribute any of the artistic material on any other website or medium in any way without the owners and/or artists prior consent.
| |
| |
|
|
| |
Disclaimer of Liability and Limitations |
|
| |
|
|
|
| |
You hereby release Zapstars of any liability costs and/or disruptions that may occur with your Paypal account.
You acknowledge and agree that Zapstars is not responsible for any typographic, spelling and grammar errors that may have occurred.
Zapstars reserves the right to take up to 3 weeks to accept or decline any artistic and/or advertising material to the Zapstars website. You hereby agree that Zapstars at its discretion may not post, promote and may decline any artistic and/or advertising material regardless of any submission or user acceptance.
Zapstars is not liable for any limitations your hardware, software and/or Internet connection might have, that may hinder your operations through your use of this website. You agree that this is strictly your sole responsibility.
You acknowledge and agree that any electronic submission of any material and/or information will remain at your own risk, and you hereby release Zapstars from any claims and/or liability for loss in any way.
You hereby recognise that Zapstars does not guarantee or warrant that your use of the service will be error-free from corruption, loss, attack, viruses, hacking, interference, uninterruptions, and/or other security breaches, and you acknowledge that this will remain strictly at your own risk.
You hereby agree that Zapstars is not liable for the quality of any material such as, but not limited to: sound recordings, mp3, QuickTime movies or photographs. You agree that this is strictly at your own risk.
The artists warrant that:
a) They have the capacity to enter into this agreement
b) They have not entered into an exclusive publishing agreement
with any agency, publisher etc. and/or has written permission by the agency or publisher etc. to Zapstars prior to any account activation and/or artistic material submission.
The artists have not or will not infringe the rights of any other
person in defamation, obscenity or rights of privacy.
The artists indemnifies Zapstars for all costs, damages or claims
made arising from any breach of warranty.
|
|
| |
|
|
| |
Warranty Policy For Purchasers |
|
| |
|
|
|
| |
The purchaser will receive an Item/Product Number with every purchase made. It is the responsibility of the purchaser to keep any records of this Item/Product Number. This is important in the case of any disruptions that may occur with the download process of the artistic material. If disruptions do occur and download is disconnected, the purchasers can forward their PayPal receipt ("Receipt for your Payment to Zapstars" which contains this Item/Product Number) via email to download@zapstars.com.
Once Zapstars receives the purchaser's Item/Product Number and identifies the disruption and payment, the purchaser will be given an ID code for entrance to the Zapstars Re-download page. This will give the purchaser access to Re-download previously disrupted artistic material. In the occurrence of any other possible download disruption, please notify Zapstars at download@zapstars.com for further instructions to resolve this problem.
|
|
| |
|
|
| |
Service Termination |
|
| |
|
|
|
| |
Zapstars reserves the right to modify, suspend, or discontinue any part or all content of this website and/or Service at any time with or without notice to you, and you hereby release Zapstars from any claims and/or liability for loss in any way or to any third party should it exercise such rights.
|
|
| |
|
|
| |
Responsibility for Third Parties |
|
| |
|
|
|
| |
This Service may include certain content material, products, website links or services available from third parties. You acknowledge and agree that Zapstars does not take any responsibility or liability for any content, material, products, services or the accuracy of any third party material or websites.
|
|
| |
|
|
| |
Governing Law |
|
| |
|
|
|
| |
The laws of the State of NSW Australia govern these Terms and Conditions of the use of this Service. Your use of this Service could also be subjected to other regional, state, national, or international laws. You hereby agree that for any claim or dispute with Zapstars or relating in any way to your use of this Service will reside in the exclusive jurisdiction of the courts in the State of NSW Australia.
Zapstars reserves the right to take legal steps necessary to enforce or verify compliance with any part of this Agreement. All disputes will be subjected to Australian and/or regional, state, national, or international laws where the person or parties may reside. You hereby agree that Zapstars reserves the right, without liability to you, to disclose Registration, Account Data and information to any third party but not limited to: law and/or government enforcement authorities and officials, where Zapstars believes is necessary or appropriate to enforce the compliance with any part of this Agreement.
|
|
| |
|
|
| |
Release |
|
| |
|
|
|
| |
You hereby agree to give Zapstars consent royalty-free to use the uploaded still photographs of you or yourselves but not limited to: all additional session musicians and/or band members.
Zapstars is hereby authorized to use or cause to be used
Said still photographs for advertising, publicity, and business purposes. Said photographs may be used singularly or in conjunction with other photographs.
Zapstars has your authorization to reproduce, or cause to
be reproduced and use such photographs for the duration of the use of this service but not limited to: the duration of this service to existing advertising circulation. The same may be exhibited in all domestic and foreign markets.
In addition you hereby authorize Zapstars to promote worldwide royalty-free use of such material as photos, mp3 and/or QuickTime movies within the interactive Zapstars website and/or advertising for you or Zapstars for the duration of your account.
You hereby release Zapstars, any of its associated or affiliated companies, their directors, officers, agents, employees and the Company's appointed advertising agencies, officers, directors, agents and employees, from all claims of any kind on account of such use within this agreement.
|
|
| |
|
|
| |
User Account Payment Policies |
|
| |
|
|
|
| |
You accept that all payments for Zap Silver, Zap Gold and Advertising will be scheduled in 3 months period from the date of confirmation. (Date of confirmation will be advise to you by Zapstars via email).
If Zapstars does not receive the first payment within 5 working days from the date of confirmation and/or every following instalment quarterly there after, the account will be cancelled without notice.
The 3 months instalment will be calculated from the first date of confirmation. All payments made by Zapstars to the artists regardless of cancellation of the accounts will be paid by the dates listed on artists payment schedule.
|
|
| |
|
|
| |
Additional Cost and Terms for Account Users and Purchasers |
|
| |
|
|
|
| |
All prices and payments are made in AUD.
Additional cost may vary with the payment made via credit cards. Please contact your credit card provider, bank and/or Paypal for additional fees and charges.
Zapstars does not take responsibility for any additional taxes or charges that may occur for payments that are made from Zapstars to the artists such as, but not limited to: income tax, bank fees, business registration and/or maintenance costs.
|
|
| |
|
|
| |
Upgrading and downgrading the level of service - Zapchoice |
|
| |
|
|
|
| |
Upgrades - Zap Silver to Zap Gold
Any changes of the accounts from Zap Silver to Zap Gold can be made at anytime. Your yearly payment schedule will start from the date of your upgrade confirmation. (Date of the upgrade confirmation will be advise to you by Zapstars).
If the upgrade payment is not made within 5 working days from the date of the upgrade confirmation, your account will be automatically cancelled. See payment schedule.
There is no charge for any upgrading of the accounts. You only pay for the level of service (Zap Silver, Gold) you choose!
|
|
| |
|
|
| |
Downgrades - Zap Gold, Zap Silver |
|
| |
|
|
|
| |
Any downgrades of the accounts should be made within 5 working days before the end of your yearly payment schedule.
You are responsible for any monetary loss for any downgrades made before this timeframe.
|
|
| |
|
|
| |
Promoting more than one album |
|
| |
|
|
|
| |
Upgrading your user account size for additional promotion of your artistic material can be made anytime. Your yearly payment schedule will remain the same regardless of the date of the account size upgrade.
The account size can be increased to the equivalent allocated space of your current account (increments of Zap Silver is 65MB, Zap Gold is 80MB). Additional amount payable per increment is the same cost as the account price.
If the additional payment for the account size upgrade is not made within 5 working days from the date of confirmation, the account size upgrade will be automatically cancelled. (Date of confirmation of account size upgrade will be advise to you by Zapstars via email).
Eg. Zap Silver is $0.00 AUD per year, additional amount payable for the account size upgrade is $10 AUD per year = total $10 AUD per year.
Zap Gold is $15 AUD per year, additional amount payable for the account size upgrade is $15 AUD per year = total $30 AUD per year.
There is no charge for any upgrading of the accounts. You only pay for the level of service (Zap Silver, Gold) you choose!
NOTE: Zap Basic account does not have any size upgrade facility.
|
|
| |
|
|
| |
Minimum requirement for mp3 conversion |
|
| |
|
|
|
| |
Format: MPEG-1, Layer 3 (mp3 only)
Sample Rate: 44.1 (only)
Bit Rate: 128 kbps (Minimum)
Channels: Stereo Interleaved (only)
|
|
| |
|
|
| |
 |
|
|
|
|
|
|