<%@ Page Language="C#" MasterPageFile="~/masterpage/main.master" AutoEventWireup="true" CodeFile="termsnconditions.aspx.cs" Inherits="home_termsnconditions" Theme="main" Title="Express In Music, express music express" %>

Terms and Conditions


1. Acceptance of Terms of Service

ExpressInMusic.com ("expressinmusic.com") provides a service linking the general public with musicians according to their personalized needs, by Express In Music Pte Ltd. ("EIM") under these Terms of Service. EIM shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not enter ExpressInMusic.com. The Terms of Service for your continued use of ExpressInMusic.com will be available throughout ExpressInMusic.com. Please check these areas before using ExpressInMusic.com to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please discontinue your use of ExpressInMusic.com. Your continued use of ExpressInMusic.com will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time, EIM may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on ExpressInMusic.com to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

2. Posting of Information/Privacy Policy

When you post comments and information on ExpressInMusic.com, you will be required to provide EIM with the following information: your name, email address.

EIM will not sell to any third party your name and email address, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. EIM allows access to database information by third-parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms.

3. Termination

EIM reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your posts/comments with or ability to access ExpressInMusic.com and/or any other service provided to you by EIM including any e-mail account upon any breach by you of the Terms of Service.

4. Modifications of Terms of Service

EIM may modify these Terms of Service from time to time at its sole discretion. Each time you log on to ExpressInMusic.com, you will be deemed to have accepted any such changes.

5. Modifications of ExpressInMusic.com

EIM may modify or discontinue ExpressInMusic.com with or without notice to you and without liability to you or any third party.

6. Content of Messages

You alone are responsible for the content of your messages, and the consequences of any such messages, although they will undergo a spot checks vetting/editing process by EIM. EIM reserves the right to remove or not post the message if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

7. Third Party Services

You may patronize services or merchandise through ExpressInMusic.com but we hold no responsibilities of the information provided. All matters concerning the merchandise and services desired from Seller (musician parties), including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. EIM makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider EIM nor will EIM be construed as a party to such transactions, whether or not EIM may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF ExpressInMusic.com IS AT YOUR SOLE RISK. ExpressInMusic.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

EIM MAKES NO WARRANTY THAT ExpressInMusic.com WILL MEET YOUR REQUIREMENTS, OR THAT ExpressInMusic.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EIM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ExpressInMusic.com. EIM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ExpressInMusic.com.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ExpressInMusic.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT EIM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ExpressInMusic.com. EIM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EIM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ExpressInMusic.com, ARE ENGAGE IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. EIM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

EIM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN ExpressInMusic.com IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EIM OR THROUGH ExpressInMusic.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EIM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ExpressInMusic.com OR ANY TRANSACTIONS ENTERED INTO THROUGH ExpressInMusic.com.

EIM IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE EIM'S SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against EIM with respect to such sites.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, EIM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. EIM specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on ExpressInMusic.com, you are promising that the content of your advertisement is true and that you will indemnify EIM against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on ExpressInMusic.com, you waive any claims against EIM for damages arising from such advertisement or your reliance upon statements in such advertisement.

9. Limitation of Liability

EIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ExpressInMusic.com OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ExpressInMusic.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. E-Mail Message Storage

EIM assumes no responsibility for the deletion of or failure to store e-mail messages.

11. Promotional Messages

EIM and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. EIM makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither EIM nor such third party shall have any liability with respect thereto.

12. Indemnification

You agree to indemnify and hold each of EIM, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ExpressInMusic.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

13. Remedies for Breach of these Terms by You

In the event that EIM determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of ExpressInMusic.com, EIM reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or agent(s) to ExpressInMusic.com, (iii) delete all content provided by you to ExpressInMusic.com, (iv) any other action which ExpressInMusic deems to be appropriate.

14. Originality of Music

All music composed, produced and uploaded are to be of original works without infringing the copyrights of others. Should any music be found infringing copyrights or any licensing rights issues, the legal case would be a bind between the member who submitted the piece of music file and the client.

15. Rights of Music

The composer owns the copyrights to the music he/she composed and the amount of remuneration paid is solely for his/her efforts (unless otherwise stated in the Music Brief). The music composed is solely for the purpose of the recipient's intended licensing purpose and not intended for public broadcast or resold in any way that is deem is to have infringed the lawful rights of the composer (unless mentioned). All music submitted through EIM are agreed upon to be royalty free. In any case where the "Music Request" states the requirement of rights such as distribution rights, licensing rights, or any other legal rights needed, the composer who submits the music piece is agreeable to the terms required by the client. You hereby agree that all music submitted to and through EIM can be broadcasted on our website and on other promotional mediums adopted by EIM.

All works submitted must be new and further previously unpublished and unperformed work, and the participant submitting the work must be the sole copyright and intellectual property owner of such work submitted. Composers and lyricists of new, previously unpublished or unperformed works (which are not attached to existing contractual obligations) are to abide by all the terms and conditions set out in this Annex.

The participant who submitted the song(s), lyrics, composition and/or scores through EIM agrees with the client EIM represents in the Music Brief that the stated rights in the song(s), lyrics, composition and/or scores and documentation / material (whether softcopy or otherwise) relating to the said song(s), lyrics, composition and/or scores submitted to EIM shall pass the stated and required rights to the represented client. In such case(s), the said participant(s), composer and the lyricist making the submission(s) whereby prize(s) or monetary rewards has been awarded undertakes to fully and absolutely assign and transfer such right(s) mentioned to this Agreement to EIM and provide the necessary documents and information in respect of the same. By the submission to EIM, you agree to let your music works be displayed and used in whatever ways EIM deem appropriate.

16. Remuneration

All parties agreed on the stipulated amount in admin fee that EIM will take from within the given remuneration budget. Currency is in US Dollars (USD$). It is agreed that any additional miscellaneous fees incurred in the process of money transfer to the composer will be absorbed by themselves (composers). The amount will be remunerated accordingly within an unspecified period of time. It is also agreed that there is a money-back guarantee in which the client can ask for a refund within 7 days from the close or end of project deadline. No remuneration is paid to musicians who did not win any of the projects. The intended music recipient (client) who paid the remuneration and posted the Music Request assignment stand to forfeit 100% of the agreed remuneration should there be no final musician selected 8 days after the deadline or close of the project. Remuneration will only be channelled to the winning entry of the musician stated upon full accomplishment of the music including any parts of editing required. Musicians are obliged to submit the minus one track and music working file for further mixing, arrangement or vocal recording if required.

17. Refund Policy for Clients

There is a 100% refund policy to clients if they decide to close the project by declaring "No winning entry" within 7 days after due date of project closure. If there is no closure within 7 days after due date of project, (i.e. Client does not choose a winner, or does not decide that there will be "No winning entry"), the refund policy is void.

18. INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled, operated and administered by EIM, its founders, employees, and contractors. EIM makes no representation that materials at this site are appropriate or available for use at other locations outside of Singapore and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Singapore export laws and regulations. If you access this Site from locations outside of Singapore, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of Singapore, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between EIM and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) month after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

19. Miscellaneous

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on ExpressInMusic.com by EIM) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

EIM reserves the right to charge fees, surcharges and/or membership fees at any time upon seven (7) days prior given notice to you.

20. Privacy Policy

Your privacy is important to Express In Music. We are committed to maintain the confidentiality of the personal information that you give us through this website. This Policy applies to all who visit our websites or use our online services.

1. We will only collect personal information from you for the purpose of giving you better service.

2. Only authorised staff will have access to your personal information.

3. To serve you well, we may from time to time work with organisations including Express In Music partners to offer other products and services to you. These companies will be required to conform to our privacy policy standards.

4. Like most websites, we may use cookies to "remember" information about your preferences. You can set up your web browser to accept or reject cookies.

5. We may amend this Policy from time to time and will place any such amendments on this website. This Policy is not intended to, nor does it, create any contractual rights between Express In Music and its users.