By using the NICKOSHIRO.COM online recording service, you (“Customer”) agree and are bound by the following terms of service:
Work For Hire
NICKOSHIRO.COM 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.
NICKOSHIRO.COM hereby grants to Customer all rights of every kind and nature in and to the results and proceeds of NICKOSHIRO.COM’s 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 NICKOSHIRO.COM’s performances under Customer’s 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 NICKOSHIRO.COM hereby assigns to Customer the entire right, title and interest throughout the universe, in and to the Performances, Compositions and/or Masters, NICKOSHIRO.COM 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.
NICKOSHIRO.COM 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.
My turnaround time is 72 business hours from order completion and receiving your files for each service.
Mixing, mastering, turnaround time is an additional 48 business hours.
When ordering drum tracks sources please allow an additional 48 hours after approving our preview for bouncing and uploading the source tracks. If your order is missing important material/information, my turnaround time will be 72 business hours from receipt of the requested material/information. In some very rare cases, I reserve the right to extend my turnaround time. In such case, you’ll be notified in writing.
I offer one free modification for each service you order. Additional modifications are $100 each.
A modification defined as change of the recorded preview. (not a complete retake)
In addition, when the requested modification is more labor intensive, I reserve the right to charge more to perform it.
Modification requests must be provided within 24 hours from receiving your preview.
Custom Wave/ Midi Tracks
Custom Tracks are limited to 4 minutes in length, additional time may be purchased.
All sales are final and left to the discretion of NickOshiro.com
If you fail to respond to an order within 24 hours, the order will be automatically approved.
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 NICKOSHIRO.COM 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 NICKOSHIRO.COM 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.
NICKOSHIRO.COM only maintains your tracks for a period of 30 days following the completion of each project. It is your responsibility to purchase, download and store the source tracks of the master within that time period. You may extend the storage period by purchasing a ‘song storage plan’.
NICKOSHIRO.COM is not responsible for loss or damages caused by using its services.
These Terms of Service may be amended at any time without notice.
Notice And Procedure For Copyright Infringement Claim.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), NickOshiro.com reserves the right, but not the obligation, to terminate your right to use the Applications, the Sites or the Services if NickOshiro.com determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. NickOshiro.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, NickOshiro.com has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
If you believe that anything on the Sites or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email or the postal mail as set bellow:
848 N. Rainbow Blvd. #4443
Las Vegas, NV. 89107-1103
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
NickOshiro.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites or the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.