Who we are
Ronnerurbina.com (Urbina Producciones, C.A.) It is a commercial company based in Venezuela, whose primary activity consists in offering musical production and/or representation, as well as all activities that these imply, from the initial planning and design phase to the final execution phase; management of intellectual property and copyrights, production of shows, concerts, audiovisuals, cultural events of any genre, both public and private, on a national or international scale; providing professional, artistic and musical services in events, tours, press, magazines, radio, television, videos, and shows of any genre.
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Mixing / String Recording Services Terms & Agreements
Section 1 – Introduction
- Ronnerurbina.com (Urbina Producciones, C.A.) It is a commercial company whose primary activity consists in offering musical production and/or representation, as well as all activities that these imply, from the initial planning and design phase to the final execution phase; management of intellectual property and copyrights, production of shows, concerts, audiovisuals, cultural events of any genre, both public and private, on a national or international scale; providing professional, artistic and musical services in events, tours, press, magazines, radio, television, videos, and shows of any genre. Our goal is to make sure every artist with a vision can play on the field of all productions to their true potential. While our services are part of a shared dream with our clients, our clients fully understand and agree to all the terms outlined in this agreement when purchasing services on www.ronnerurbina.com. In the unfortunate event that any client feels the need to take legal action over a matter that both parties cannot agree on, the client (customer, artist, business, etc.) is advised to show this agreement to their legal counsel prior to taking any legal action. Mixstudios.com and its affiliates believe issues of concern can be handled without legal intervention. Mixstudios.com reserves the right to make updates or changes to this agreement.
Section 2 – Agreement Language
- In this agreement, certain language or terms maybe be used in which their definitions should be considered by the definitions outlined in this section of the agreement. All terms not elaborated upon here are to be read at face value.
- Client(s); refers to any artist, musician, film-maker, engineer, producer, director, business or corporate entity, customer, or potential customer in communications with a representative of Urbina Productions for services or products.
- Urbina Productions; refers to URBINA PRODUCCIONES, C.A. commercial corporation located in the city of Maracaibo, Venezuela and registered in the Third Commercial Registry of the Judicial District of the State of Zulia (Venezuela), on December 22nd, 2006, under the No. 31, Volume 103-An, Tax Information Number (“Registro de Información Fiscal”) No. J-29360898-8. Including any representative of the company operating on www.ronnerurbina.com
- Session(s); refers to any file or document with an extension used with DAWs (Digital Audio Workstations) such as Pro Tools, Logic, Ableton, Cubase, or any other DAW or software used to provide services by Urbina Productions.
- Raw Audio; refers to the audio sent to www.ronnerurbina.com before anything has been done to alter it in any way.
- Project Audio; refers to the audio used in DAW sessions for a project purchased by a client. This audio may be processed or raw.
- Guarantee; refers to the Money-Back Guarantee advertised as offered with services provided by www.ronnerurbina.com.
- A&R(s); refers to the division of a record label or music publishing company that is responsible for talent scouting and overseeing the artistic development of recording artists and songwriters.
- Collaborated Content; refers to any media sent to ronnerubina.com to be edited, mixed, mastered, have instruments played on, or have production input supplied for.
- FCA – Featured Content Agreement. Details outlined in section 5 of this agreement.
- Words appearing in this section may appear italicized throughout the agreement to remind the reader they may find a definition in this section.
- Words appearing in this section may also appear with a reference to their definition in parenthesis. This does not limit the definition of the word to the portion shown in parenthesis. All words appearing in this section should be held to the full definitions provided in Section 2 (This section) of this agreement. No parenthesis will contradict any definition in this section.
Section 3 – User Content Agreement
- Urbina Productions (URBINA PRODUCCIONES, C.A.) does not own any portion or rights of products produced for unsigned artists by our services unless otherwise agreed to in written form, i.e. email or contract, outside of this agreement. Record Labels, A&Rs, Signed artists, and corporate funded projects must follow the rules outlined in “Section 4 – Terms For Record Labels.” Otherwise the creator of the audio uploaded remains in full control and ownership of produced media including the following:
- Final Mixes bounced to Mp3 or Wav format
- Instrumental Versions
- Audio Stems of separate musical or audio elements
- Vocal Tracks
- Edited vocals
- Replaced drum sounds and/or sound fx
- Mastered and Unmastered Mixes
- Final audio for film
- Instrumental performances
- Urbina Productions does not turn over sessions to any client unless otherwise clearly agreed upon through email or contract. These sessions contain techniques and strategies for mixing, editing, and mastering that are not available to be shared with the general public or clients by ronnerurbina.com. These are considered trade secrets and the client is agreeing they will not demand the session and trade secrets during any point leading up to and including completion of the project.
- Urbina Productions reserves the right to store and keep files affiliated with projects purchased, audio uploaded, and audio reviewed with ronerurbina.com. The content will remain in compliance with the company’s privacy policy and this agreement.
- Urbina Productions (URBINA PRODUCCIONES, C.A.) reserves the right to use final mixes in the audio gallery/portfolio of the website www.ronnerurbina.com with written permission (i.e. product checkbox, contract, or e-mail.) This will be allowed under the terms of the “Featured Content Agreement.” Employees/affiliates for Urbina Productions may also use final mixes or refer to them in their own business prospects, portfolios, or resumes distributed to potential employers or collaborators. Upon request the client may have the product removed from www.ronnerurbina.com if they feel necessary for privacy or copyright purposes.
- Urbina Productions (URBINA PRODUCCIONES, C.A.) may also use project audio for ‘before and after’ samples on the web site for potential clients to hear the quiality of work provided. Unsigned artists agree to this by purchasing services. If the client is a signed artist, they must read and agree to the terms outlined in Section 4 of this agreement. The artist or client may request, by e-mail, that either;
- The vocals used in the ‘before’ option are tuned to preserve a certain image of the singer
- The before clip be removed entirely to preserve the image of the project
- It is the responsibility of the artist to write Ronnerurbina.com by email and request one of these options to relinquish Urbina Productions of the right to use them in this fashion without notice. Once the email request for change or removal is sent, Urbina Productions will then have fifteen (15) calander days to adhere to the request. This request does not take away the gallery and portfolio rights outlined in Section 3.4 of this agreement. In order for the request to be valid, the email must come from the e-mail address used during the purchase of the project the request is for.
- Raw files stored may be shown in private for training of new staff or review by potential business collaborators. Urbina Productions reserves the right to show raw audio and finished audio under these circumstances without permission beyond this agreement.
Section 4 – Terms For Record Labels
- The prices posted by Urbina Productions (URBINA PRODUCCIONES, C.A.) on www.ronnerurbina.com offer affordable access to proffessional services for projects by unsigned artists and clients that don’t have large budgets. Well funded projects may also access prices posted on www.mixstudios.com; however Record Labels, A&Rs, Signed Artists, and Corporate funded projects must agree and accept the terms outlined in this agreement. Record Labels, A&Rs for Labels, Signed Artists, and Corporate-funded projects for television and radio are not considered as the demographic Section 3 of this agreement stands behind. Section 4 of this agreement outlines the ‘User Content’ agreement for Record Labels, A&Rs, Signed Artists, and Corporate funded projects.
- Urbina Productions does not own any portion of products produced by our editing, mixing, and mastering services unless otherwise agreed to in written form, i.e. email or contract, outside of this agreement. The creator of the audio uploaded remains in full control and ownership of produced media including the following:
- Final Mixes bounced to Mp3 or Wav format
- Instrumental Versions
- Audio Stems of separate musical or audio elements
- Vocal Tracks
- Edited vocals
- Replaced drum sounds and/or sound fx
- Mastered and Unmastered Mixes
- Final audio for film
- Custom mix passes
- Urbina Productions has right to negotiable ownershp of a song for a Record Lable or signed artist that contains production or performances provided by Urbina Productions. While Urbina Productions may negotiate more under circumstances of more work, this will be no less than 25% ownership over the rights of the song version, and no less than 12% royalties on all revnue generated by the version of the song containing the provided content. Services/performances that fall under this agreement are:
- Performance of any instrument
- Replaying of any musical part
- Reproduction and remixes
- Writing of musical elements
- Urbina Productions does not turn over sessions to any clients unless otherwise clearly agreed upon through email or contract. These sessions contain techniques and strategies for mixing, editing, and mastering that is not available to be shared with the general public or clients by mix studios. These are considered trade secrets and the client is agreeing they will not demand the session and trade secrets at any point leading up to and including the completion of the project.
- Urbina Productions is entitled to a minimum of 2.5% royalties on all songs mastered by the company or any of its affiliates. Urbina Productions is entitled to minimum of 4% royalties for any songs both mixed and mastered by Urbina Productions or any of the company’s affiliates.
- Urbina Productions (URBINA PRODUCCIONES, C.A.) reserves the right to use final mixes in the audio gallery/portfolio of the website www.ronnerurbina.com with written permission (i.e. product checkbox, contract, or e-mail.) This will be allowed under the terms of the “Featured Content Agreement.” Employees/affiliates for Urbina Productions may also use final mixes or refer to them in their own business prospects, portfolios, or resumes distributed to potential employers or collaborators.
- Urbina Productions may only use project audio for ‘before and after’ samples on www.ronnerurbina.com if the client agrees to it through e-mail or contract. Without that permission, Urbina Productions may only post audio under the FCA outlined in Section 5 of this agreement. ‘Before and after’ content is used for potential clients to hear the quality of work provided. Even after agreeing to being used for ‘before and after’ content, the client may at any time after request by e-mail that either;
- The vocals used in the before option are tuned to preserve image of the singer
- The before clip be removed entirely to preserve the image of the project
- It is the responsibility of the client to write Urbina Productions (URBINA PRODUCCIONES, C.A.) by email and request one of these options to relinquish Urbina Productions of the right to use them in this fashion without notice. Once the email is sent, Urbina Productions will then have fifteen (15) calander days to adhere to the request. This request does not take away the gallery and portfolio rights outlined in ‘section XII of the ‘Terms For Record Labels’ portion in this agreement. In order for the request to be valid, the email must come from the e-mail address used during the purchase of the project the request is for or provide proof of ownership over the digital media.
- In the event that a Record Label, A&R, Signed Artist, or Corporate funded project strongly disputes Section 4.5 of this agreement PRIOR to purchase, Urbina Productions may offer, but are not obligated, to relinquish Section 4.5 of this agreement for that individual purchase so long as the client pays four (4) times the amount posted on www.ronnerurbina.com.
- Record Labels, A&Rs, Signed Artists, and Corporate funded projects are not entitled to Urbina Productions’s guarantee for purchases over the amount of two hundred-fifty (250) U.S. Dollars.
Section 5 – Featured Content Agreement
- When purchasing services for a project, there will be a checkbox that leads containing the following text: “I’m okay with Urbina Productions featuring this project in their gallery after I make it available to the public.”
- If the client selects ‘yes,’ Urbina Productions will confirm a release date of the material and will not post any content in galleries on www.ronnerurbina.com until after that date.
- If the client selects ‘no,’ Urbina Productions will not post the audio on the website’s gallery even after the date it is released. However, even if the audio will not be posted in the gallery, employees may reserve the rights for resumes and portfolios outlined in Section 3.4 and Section 4.6 of the Urbina Productions Terms & Agreements.
- Featured Content is all finished products. Being featured in the gallery will be the finished product displayed with the Artist name and image retrieved through the internet or provided by the client.
- In the event that a client decides they don’t like their final product and ask for their money back, the FCA for that individual project will be dissolved and Urbina Productions will no longer be able to post the finished product in the web site’s gallery.
- Once the guarantee is committed, so is the FCA. If a client can’t get their money back anymore for any reason outlined in section 7 of this agreement, the client may no longer dissolve the FCA.
Section 6 – Copyright infringement
- By purchasing with Urbina Productions and accepting this agreement, the user understands that Urbina Productions will not claim any responsibility for the creation of any copywritten material uploaded to Urbina Productions unless legaly entitled to under the ‘Terms For Record Labels’ sestion of this agreement. Urbina Productions respects copyright law and in any situation where a client feels the rights of their copywritten material are at risk or have been violated, the artist or cient will contact mix studios by e-mail and provide twenty-five (25) days for the situation to be rectified before any legal recourse is approached and agree not to pursue legal action so long as Mixstudios.com coopoerates within the said twenty-five (25) mentioned in this section.
- By purchasing with Urbina Productions (URBINA PRODUCCIONES, C.A.) the user agrees that all permission needed for Urbina Productions to act accordingly with the ‘User Content’ and ‘Terms For Record Labels’ portions of this agreement are granted and Mixstudios.com is not in violation of the client’s rights under the DMCA (Digital Mellinium Copyright Act) or any other national orinternational copyright laws.
Section 7 – Limitation of Liability
- In the event that a client feels this agreement has been compromised or broken by Mixstudios.com and the issue can be settled simply, the client will notify Urbina Productions by e-mail and provide twenty (20) days for the issue to be corrected. Acceptable corrections for possible issues may be:
- Client was denied purchased content: Content must be provided if purchase was legitimate and shown.
- Client claims material was used without permission: Material is removed from usage upon confirming the media content was used without proper permissions.
- Client claims to have been refunded the wrong amount: Proper difference of funds are refunded after confirming proper amount and error.
- Client wishes for removal of ‘Before’ audio in a sample: Before audio is removed. Urbina Productions reserves right to use final product in gallery as stated in Sections 3.4 and 4.6 of this agreement.
- Client feels the work has taken too long to be done and has not agreed to new timeframes through email: Client may receive a full refund for the amount paid on the project in question. The client may not pursue more than the amount paid upon purchase.
- In the event that Urbina Productions is found to be in breach of this agreement, Urbina Productions will:
- Relinquish rights to store raw audio and project audio for the project in which the violation occurred. Urbina Productions may reserve rights over previous projects not tied to the breach of this agreement.
- Relinquish rights to show content for the purchase on www.ronnerurbina.com. Samples and gallery audio for the purchase in which the violation occurred must be taken down and deleted from any Urbina Productions hard drive.
- Provide a full refund for purchase during which the violation occurred.
- The act of deleting stored files for a project in reference to Section 8.2.1 will be done in good faith. Urbina Productions will not be obligated to release any evidence of the files being deleted as this would force Urbina Productions to show hard drives/personal storage devices containing other sensitive or personal data for staff and other clients; showing this to any client or court may violate the privacy of staff or other clients and by accepting this agreement the client is stating that this act being done in good faith is acceptable.
- In the event that a client manages to prove Urbina Productions did not delete files within fifteen (15) days of agreement breach, the client may legally pursue a maximum limit of five hundred (500) U.S. dollars to settle all disputes relating to the breach by Urbina Productions.
- In the event that Urbina Productions fails to refund a client within thirty (30) days of refund request, the maximum amount a client may pursue through legal action as a result is twice the amount owed by Mixstudios.com. For Example, if the refund is $1,000, the max amount a client may pursue with legal action over the matter is $2,000.
- The maximum amount a client may legally pursue Urbina Productions for over a breach of this agreement or other matters regarding services provided over www.ronnerurbina.com, copyright disputes with collaborated content through www.mixstudios.com, breach of Mixstudios.com’s Terms & Agreements or Privacy Policy is one thousand (1,000) U.S. dollars unless the scenario is limited differently by another portion of Section 8 of this agreement. Pursuing more will be a breach of this section. The only exception to this limit is outlined in Section 8.5 of this agreement should twice the purchase amount be more than one thousand dollars.
- Any legal dispute regarding this agreement carried out by a client in which more than one thousand (1,000) U.S. dollars is pursued will result in the client paying all and any court fees including, but not limited, to attorney’s/legal fees, travel expenses, loss of profits in absence of work, and possible punitive damages brought on by any lengthy legal process exceeding the accepted settlement maximum in Section 8 of this agreement.
- In the event that the client pursues more than the agreed one thousand (1,000) U.S. dollars in any dispute regarding this agreement, they will also relinquish rights to the agreed one thousand (1,000) U.S. dollar max settlement fee on top of accepting all other fines and fees explained in Section 8.5 of this agreement.
- Any dispute resulting in a client seeking monetary compensation of up to one thousand (1,000) U.S. dollars must provide Urbina Productions the opportunity to settle the dispute without legal action prior to any action being taken. Disputes seeking more than one thousand (1,000) U.S. dollars are subject to the same expectations outlined here, but must also consider Section 8.7 of this agreement.
- In the event that a client demands an amount over a dispute involving this agreement or services and Mixstudios.com refuses to pay after being approached as outlined in Section 8.9, the client may then take Urbina Productions to small claims court for the amount of up to one thousand (1,000) U.S. dollars. Whichever side the court rules against must cover court costs and legal fees for both parties involved. This is only if Mixstudios.com has been given the opportunity to settle outside of court and the amount is equal to or less than one thousand (1,000) U.S. dollars.
- It is the sole responsibility of both the client and Urbina Productions respectively to be aware of their liabilities outlined in Section 7 of this agreement.
Section 8 – Choice of law or Governing law
- This agreement is governed by and shall be construed in accordance with laws of the Bolivarian Republic of Venezuela.
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