By using the Virtual Mix Engineer online mixing service, you (Customer) agree and are bound by the following terms of service:
Work For Hire
Virtual Mix Engineer agrees that all work performed for Customer shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act.
Virtual Mix Engineer hereby grants to Customer all rights of every kind and nature in and to the results and proceeds of Virtual Mix Engineers services and performances rendered hereunder, including, without limitation, all rights in and to the following Performances, Compositions and/or Masters, including the worldwide copyrights therein, (including the universal copyright and any and all renewal and extension rights) for all uses of whatsoever nature whether now known or hereafter devised, throughout the world and universe. Customer shall accordingly have the sole and exclusive right to copyright any Performances, Compositions and/or Masters embodying Virtual Mix Engineers performances under Customers name as the sole owner and author thereof.
If for any reason we shall be deemed not to be the authors of the Performances, Compositions and/or Masters, then Virtual Mix Engineer hereby assigns to Customer the entire right, title and interest throughout the universe, in and to the Performances, Compositions and/or Masters, Virtual Mix Engineer acknowledges and agrees that Customer and its affiliates, assignees, licensees, etc. have the right to use, produce, reproduce, record, re-record, adapt, edit, delete from, add to, combine with other works, translate, print, publish, advertise, transmit, perform, broadcast, disseminate and otherwise exploit and authorize the exploitation of the Performances, Compositions and/or Masters by any and all means now known or hereafter devised.
Virtual Mix Engineer hereby waives the benefit of any provision of law known as moral rights or any similar analogous provision of any treaty, statute, regulation or rule of law of any government or quasi-governmental body in any country of the world or throughout the universe.
You should expect to receive the first mix of the track within two to fourteen business days from order completion or from receipt of session files. Turnaround time is based on current work load, the order received, and the tasks involved in your mix.
If your order has any issues, we will contact you.
We care a great deal about providing you with the exact mix you are seeking. That’s why for almost all of our services, we offer included reasonable revisions (as deemed by the engineer) for a term of two weeks. Additional revisions and modifications to be charged extra as per client requirements.
The mixing service is considered non-refundable once the engineer has begun working.
Should the client have a delinquent, outstanding, unpaid invoice for greater than 45 days past due, clients account may be referred to a collections specialist. Additionally, any and all releases relating to master recordings produced by Virtual Mix Engineer will be issued take-down notices from online stores and streaming outlets as the copyright in the recording/mix is only transferred upon full payment and until since payment is made, any release is considered unlawful.
If you fail to respond to an order within two weeks, the order will be automatically approved and you’ll get the final files.
Your Warranty to Us:
Customer is the rightful owner of the Master Recording and/or Composition and all elements contained therein and warrants that it does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If Customer is not the rightful owner then they warrant to Virtual Mix Engineer that they have the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the Master Recording and/or Composition. Customer agrees to indemnify Virtual Mix Engineer its agents or assignees and hold 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 court costs, arising out of any failure or breach by Customer with respect to its warranties as set forth in this Agreement. Customer agrees to give due credit to our engineer by placing the text “Mixed by Scott Horton at Virtual Mix Engineer.com” on artwork of albums.
Virtual Mix Engineer is not responsible for loss or damages caused by using its services.
The customer waives the right to bring any legal action(s) against Virtual Mix Engineer and/or its staff due to any damages or loss, financial or otherwise, resulting from customers use of our recording, tracking, mixing, editing, mastering or consulting services.
Virtual Mix Engineer reserves the right to refuse service at its discretion and/or terminate service at any time.
Virtual Mix Engineer only maintains your tracks for a limited period of time following the completion of each project. It is your responsibility to download and store the completed mix and master files within that time period.
The privacy of our customers and their songs is very important to us.
Virtual Mix Engineer may use the work in whole or in part only for promotional uses only pertaining to its service (such as placing non-downloadable sample clips on the webpage).
These Terms of Service may be amended at any time without notice.