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Engineered FX's Terms of Service

Last update: January 2018

Welcome to engineeredfx.com. Engineeredfx.com is a marketplace platform for services performed by its users.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Engineered FX website, including any content, functionality and services offered on or through www.engineeredfx.com (the "Site"), by Engineered Effects, Inc.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. More detailed policies surrounding the activity and usage on the Site are contained herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Engineered FX services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms

Projects™ are a set of one or more services offered on Engineered FX.

Sellers are users who offer and perform services through Projects™ on Engineered FX.

Buyers are users who purchase services on Engineered FX.

User Page is where a Seller can choose to offer services and configure rates and a Buyer can select the services for their Project™ and create an order

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Project™ Page.

Project™ Page is where Buyers and Sellers communicate with each other in connection with an ordered Project™.

Disputes are disagreements experienced during an order between a Buyer and Seller on Engineered FX.

Revenue is the money Sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders that is distributed to Sellers.

Shopping Balance is shopping credit collected from orders that are unfulfilled by a Seller to be used for purchasing Projects™.

Overview

  • Only registered users may buy and sell on Engineered FX. Registration is free.
  • Projects™ on Engineered FX may be offered at different prices based on Seller's rates for the services selected for that Projects™.
  • Buyers pay Engineered FX in advance to create an order.
  • Orders are purchased through the Add to Cart button found on a Seller’s User Page.
  • For fees and payments please read the purchasing section here.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  • Users may not offer or accept payments using any method other than placing an order through engineeredfx.com.
  • Buyers are granted all rights for the delivered work, including a Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Engineered FX retains the right to use all published delivered works for Engineered FX marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Sellers

Basics

  • Sellers can select to offer services on Engineered FX to allow Buyers to purchase their services.
  • Sellers must connect a Stripe account to offer services. The connected stripe account is Engineered FX's withdrawal method.
  • For each order you sell and successfully complete, your connected Stripe® account will be credited with a net revenue of 80% of the purchase amount.
  • Engineered FX accredits Sellers seven days after an order is completed. See our "Orders" section below for a definition of a completed order.
  • If an order is marked abandoned by the Seller (for any reason), the funds paid will be refunded to the Buyer’s Shopping Balance.
  • Revenues are distributed to your connected Stripe® account following a safety clearance period of 7 days after the order is marked as accepted.
  • The Seller's rating is calculated based on the order reviews posted by Buyers.
  • For security concerns, Engineered FX may temporarily disable a distribution of Revenue to Seller to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Engineered FX accounts to a single withdrawal provider.

Projects™

  • Sellers are allowed to offer as many services as they can dutifully perform and may have as many active Projects™ as Buyer's are willing to order, provided that: the Seller enters accurate numbers for their capacity per week for each service.
  • Projects™ created on Engineered FX are User Generated Content.
  • Projects™ may be removed by Engineered FX for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
    • Malicious code, such as viruses, trojans, backdoors, etc.
  • Projects™ that are removed for violations mentioned above, may result in the suspension of the user’s account.
  • Projects™ that are removed for violations are not entitled to be restored or edited.
  • Sellers may be removed from our Search feature due to poor performance and/or user misconduct.
  • User Pages may include pre-approved website URLs contained within the Bio box. User Pages containing websites promoting content, which violates Engineered FX’s Terms of Service, will be removed.
  • User Pages are required to have an appropriate image of the Seller.
  • Statements on the User Page that undermine or circumvent these Terms of Service is prohibited.
  • Sellers may price their services at any rate.

Seller Features

Engineered FX Sellers have access to several features that help customize the way their services can be offered.

  • Sellers can select which services it desires to offer. For each service, Seller must enter the rate which they work through that service and the rate at which they price for that service. Seller must read the tool tips for details on calculating these rates.
  • Seller must enter their booked time offsite in their User Page Edit Form. This allows their order form to accurately estimate delivery dates so client expectations are met.
  • Seller may request additional genres for categorizing Portfolio Samples in the Sample Creation Form.

Withdrawing Revenues

  • To receive your Revenue, you must have an account with the Engineered FX's withdrawal method.
  • Your Engineered FX profile can be associated with only one account from the Engineered FX withdrawal method. A withdrawal provider account can be associated with only one Engineered FX profile.
  • Revenues is distributed following a safety clearance period of 7 days after the order is marked accepted.
  • Revenue distribution is automatic. You do not need to click anything.
  • Withdrawals can only be made in the amount available to you.
  • There are no withdrawal fees incurred by Seller.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Withdrawal Methods

MethodFee
Distribution to your Stripe® AccountThere is no withdrawal fee incurred by Seller.

Buyers

Basics

  • You may not offer direct payments to Sellers using payment systems outside of the Engineered FX Order system.
  • Engineered FX retains the right to use all publically published delivered works for Engineered FX marketing and promotional purposes.
  • Buyers may request a specific service from the Contact Us Form found in the footer on all pages. Services requested on Engineered FX must be an allowed service on Engineered FX. Please click here for guidelines on approved services.

Purchasing

  • Buyers pay Engineered FX to create an order from a Seller’s User Page, using the Add to Cart button and checking out.
  • Projects™ may be purchased using the following payment methods: Credit Card.
  • No processing fees are incurred by Buyer.
  • If you have funds in your account balance from your Shopping Balance, it will be available to replace the Seller on the Project™ abandoned by the Seller.
  • You may not offer Sellers to pay, or make payment using any method other than through the engineeredfx.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Sales Tax

This paragraph only applies to Buyers located in New York: New York Buyers will be charged Sales Tax in addition to the Project™ price shown on the User Page. An invoice will be provided to allow eligible users to claim back the Sales tax from the tax authorities.

Orders

Basics

  • Once payment is confirmed, your order will be created and given a unique Engineered FX order number.
  • Sellers must deliver completed files and/or proof of work using the Add a Draft Set button (located on the Project™ page) according to the services that were purchased on their Order.
  • Using the Add a Draft Set button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Add a Draft Set” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller or a disabling of the Seller's account.
  • An order is marked as complete after the order is marked as accepted and then rated by a Buyer. A Seller may marked an order as abandoned by a Buyer if no request for changes is submitted within 14 days after a Draft Set has been added.
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Engineered FX's Customer Support department for assistance here.

Handling Orders

  • When a Buyer orders a Project™, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time specified by their time booked off site and their capacity per week when selecting to offer their services. Failing to do so will allow the Buyer to mark the Project™ as abandoned by the Seller which removes the Seller from the Project™ and may harm the Seller's status.
  • Sellers must send completed files and/or proof of work using the Add a Draft Set Button (located on the Project™ page to mark the order as ready for review by client.
  • Users are responsible for scanning all transferred files for viruses and malware. Engineered FX will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • A Seller may not cancel an order.
  • Buyers may use the "Request Changes" feature located on the Project™ page while an order is marked Waiting for Review by Client if the delivered materials do not meet the the services ordered or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by Buyers while completing an order are an essential part of Engineered FX's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
  • Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Engineered FX platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Engineered FX platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Buyers are publicly displayed on a Seller’s Project™ page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  • MP3s to evaluate are the delivered audio files made available to a Buyer in a Draft Set. Buyer agrees that the Seller may add a before and after of the accepted MP3s to evaluate to their portfolio page.
  • Withholding the delivery of services, files, or information required to complete the Project™’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once a draft set is marked accepted, the Buyer has the opportunity to leave a review or the Seller.
  • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Access to Files, Messaging Service and Reporting a Problem

  • Users can access the files of a Project™, communicate through the Messages Box on a Project™ and report a problem on a Project™ for two days after its marked accepted. 2 days after a Project™ is marked accepted, the messaging feature is disabled, all files associated with the Project™ are deleted and payment is distributed to the Seller.

Disputes and Abandoned Projects™

Projects™ can be marked "abandoned by the other party" if the other party fails to meet a deadline. We encourage Buyers and Sellers to chat through the Message Box before marking a Project™ abandoned by the other party. If the other party fulfills, the Project™ can no longer be marked as abandoned. If the other party doesn't fulfill, marking the Project™ as abandoned will resolve the issue.

Basics

  • Engineered FX sends emails periodically to the party who's turn it is to do something throughout the timeframe they have to do it.
  • If the Buyer fails to upload a rough mix and files for the Seller within 2 weeks after ordering a Project™, the Seller can mark the Projects™ "Abandoned by Buyer".
  • If the Seller fails to upload a draft set within 120% of the estimated time to draft, the Buyer can mark the Project™ "Abandoned by Seller".
  • If the Buyer fails to request changes or mark a Project™ accepted within 14 days of Seller posting a new draft set, Seller can mark the Project™ "Abandoned by Buyer."
  • In the event a Seller marks the Project™ "Abandoned by Buyer", the Project™ will be marked completed and the revenue will be scheduled to be distributed in 2 days from the marking.
  • In the event a Buyer marks a Project™ "Abandoned by Seller", the Seller will be removed from the Project™ and the Buyer will be able to use the original purchase price toward a replacement Seller with the assistance of Engineered FX's Customer Support department, which should be contacted here.
  • In the event Seller posts a draft set with missing files, Buyer should contact the engineer through the message box and let them know.
  • In the event a Project™ is marked accepted and there is a problem (such as a missing or wrong file), Buyer needs to report the problem using the Report a Problem button on the Project™ page within 2 days of marking the Project™ accepted. This notifies the Seller of the problem as well as us so that we can investigate and possibly suspend distribution of the revenue to Seller. In the event there was no problem or the problem was resolved, the Buyer must Report that the Problem was resolved. Buyer may only report 1 problem.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the methods described in this section to attempt to resolve the matter. In the event they are unsuccessful, you can contact Engineered FX here.
  • Engineered FX reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Project™ and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s shopping balance.
  • Revisions shall be performed by Sellers until 3 revisions are completed. Sellers can elect to offer more than 3 revisions at their discretion, but can mark the Project™ complete after delivering 3 draft sets.
  • Requests for revisions can be made through the Project™ page while the order is marked Ready for Review.
  • Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  • Engineered FX encourages Buyers and Sellers to resolve service disputes mutually using the Message Box and, if all else fails, using the "Abandoned by the Other Party" buttons that appear after a deadline is missed.
  • Eligibility to have another Seller assigned to a Project™ will be assessed by our Customer Support team based on a number of factors, including failure to perform the services, violations to our Terms of Service, general misconduct, and improper usage of the Engineered FX delivery system. See below for Order specific eligibility.
  • Accepted orders may be assigned to another Seller upon review of our Customer Support team, up to 14 days after the order is marked as complete.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the services were rendered as described in the Project™ page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
  • Buyers must use the Message Box and the "Abandoned by the Seller" Buttons to address their concerns and desired resolution related to the services provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Engineered FX.
  • Any non-permitted usage of Engineered FX encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled and the Project™ being assigned to another Seller. This includes, but not limited to; harassment, unlawful behavior, or other violations to Engineered FX’s Terms of Service.
  • Engineered FX Customer Support will reassign Projects™ based on, but not limited to, the following reasons:
    • Active orders (after the Buyer submits their requirements and before the Seller delivers on Engineered FX)
      • The Seller is late and unresponsive for more than 20% of the time estimated for a delivery of the draft.
      • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
      • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
      • The user is no longer an active Engineered FX user due to Terms of Service violations or closure of their account.
    • Delivered Orders (after the Seller adds a draft set and before the order is marked as accepted)
      • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers.
        • Note: Multiple reported offenses will result in permanent suspension of your account.
      • The Seller delivers no files and/or proof of work related to the agreed upon order requirements.
        • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
      • The Seller requests additional payments, on or off the Engineered FX platform, by withholding the final delivery of services directly related to the agreed requirements.
      • The Seller is withholding the final delivery of services for improved ratings.
      • Buyers who abuse the Request Changes button to gain more services from Sellers beyond the agreed requirements.
      • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
    • Completed Orders (after the order is marked as complete and before the 2 day limitation)
      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Engineered FX Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Message Box and Abandoned System that enabled the order to be marked as accepted.

Refunds

  • Engineered FX does not automatically refund payments made for orders with Projects™ abandoned by Sellers back to your payment provider. Funds from order cancellations are refunded to the Buyer's balance as credit and are available for selecting another Seller for the Project™ on Engineered FX.

User Conduct and Protection

Engineered FX enables people around the world to buy and sell audio services they need at an unbeatable value. Services offered on Engineered FX reflect the diversity of an expanding Project™ economy. Members of the Engineered FX community communicate and engage through Project™ Pages.

Engineered FX maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Engineered FX. This section relates to the expected conduct users should adhere to while interacting with each other on Engineered FX.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

  • To protect our users' privacy, user identities may be made anonymous by updating the username on the Site. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Engineered FX in order to circumvent or abuse the Engineered FX messaging system or Engineered FX platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Project™ Page.
  • Engineered FX does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
  • Engineered FX does not provide protection for users who interact outside of the Engineered FX platform.
  • All information and file exchanges must be performed exclusively on Engineered FX's platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • The Engineered FX marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Orders

  • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by the Engineered FX team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  • Engineered FX reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Engineered FX will return parts or full revenue back to Sellers.

Projects™

  • Engineered FX will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by the Engineered FX team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to the Engineered FX team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing status or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Inappropriate Behavior & Language - Communication on Engineered FX should be friendly, constructive, and professional. Engineered FX condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Engineered FX takes its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project™ Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Engineered FX will not be protected by our Terms of Service.

Intellectual Property Claims - Engineered FX will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use -You may not use Engineered FX for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Engineered FX community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Engineered FX’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Engineered FX. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Engineered FX accounts.

General Terms

  • Engineered FX reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Engineered FX's Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Engineered FX.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to receive their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Engineered FX's approval.
  • Disputes should be handled using Engineered FX's dispute resolution tools ('Message Box and Abandoned by the Other Party' on the order page) or by contacting Engineered FX Customer Support.
  • Engineered FX may make changes to its Terms of Service from time to time. When these changes are made, Engineered FX will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Engineered FX after the date on which the Terms of Service have changed, Engineered FX will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Engineered FX by our users (Buyers and Sellers) is User Generated Content. Engineered FX does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Engineered FX is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Projects™, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Projects™ service offers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service offered on Engineered FX. Sellers advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Project™ and may lead to the suspension of Seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Project™ and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as audio engineering work), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work, including commercial use.

For all Projects™, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever).

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Engineered FX, including Project™ texts, photos, audio, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Engineered FX for no consideration for marketing and/or other purposes.

Audio Commercial Rights Use Included

When purchasing a Project™, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased finished Project™ files.
In addition to the basic rights, the Seller grants you with a license to use the finished Project™ files for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose ("Commercial Rights").
In addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose ("Full Broadcasting Rights").

These rights are subject to Engineered FX's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Engineered FX will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Commercial Use License

By purchasing an order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Engineered FX’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Engineered FX will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Engineered FX NOR ANY PERSON ASSOCIATED WITH Engineered FX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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