Shipping & Handling and Terms of Service for Customers & Clients
Tarnius Music Inc. Artist Terms of Service
We reserve the right to make changes to the Terms of Service in the future, but we will let you know ahead of time what changes we make and if you do not accept these changes, you can terminate this Agreement. If we do not receive notice of your intent to terminate the Agreement within ten days after we email you notice of the changes, your failure to notify us of your intent to terminate will be deemed acceptance of the changes in the Terms. The basic terms which will constitute our agreement if you accept by clicking the "I ACCEPT" box or submit any material to Tarnius Music Inc. (TMI) are as follows: top
1. You agree to the payment of all setup fees coinciding with your submission of material (How much?). Pop-up displaying submission rates. Furthermore, you agree that TMI shall keep 10% of the listed price of all sales of any item and that this percentage is subject to change at any time. You understand and agree that listed prices may be changed for special promotional purposes. If you represent a company or group of artists, you agree to distribute payments properly to each artist once the money due is paid to the company or group by TMI. It is not TMI’s responsibility to ensure proper payment to artists that are set up through such organizations. top
2. You hereby grant us the non-exclusive right to sell, distribute and promote any sound recordings, musical and/or vocal works, pictures, videos, song lyrics and/or other materials (collectively "Material") submitted by you. In addition, you grant us the right to reproduce, adapt and convert the Material into Digital Masters; to sell distribute and deliver the Digital Masters as individual tracks or as entire CDs, through the TMI website in all media now known or hereafter devised including, but not limited to CDs, digital downolads, podcasts, streaming, and ringtones and to use the Material and any metadata as may be reasonably necessary for us to exercise our rights herein. top
3. Material submitted by you shall be available for us to use for the purpose of promoting TMI products and services and you grant us the right to use the name, likeness and biographical material and any olgos, marks or trade names of you, your band or any individuals performing or otherwise represented in the Material or the artist or band included or referred to in the Material without any payment to you or any other persons or companies, unless otherwise specified. You provide TMI the right to waive, on your behalf, any performance royalties on the Material for airplay on internet, satellite, or other radio, for the purpose of promoting TMI, your band, or your music. In addition, one physical copy of any piece of the aforementioned Material will be kept by TMI for our records at no cost or fee and with no expectation of return. top
4. Subject to TMI’s rights herein, you own all right, title and interest in and to the Material.< top
1. you are at least 18 years of age and you have the authority to enter into this Agreement top
2. you own, control or have obtained all rights, approvals and/or consents necessary to submit the Material on the terms provided and our exercise of the rights granted herein will not violate or infringe the rights of any third party. top
3. no permission is required from any other individual or company for us to use the Material and other rights provided herein. top
4. the compositions, recordings, lyrics, artwork and other materials contained in the Material are original, created only by you or are in the public domain and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. In the event that any part of the Material is not copyrighted or trademarked by you, proper permissions and licenses have been attained by you and the proper royalties have/will be paid by you with no responsibility placed on TMI. top
5. the Material does not and will not violate any laws or be defamatory, libeolus, pornographic or obscene. top
6. the Material will not contain any "viruses" or other information which may damage or otherwise interfere with TMI computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the represents made to TMI under this section and you shall indemnify us and our customers from any and all damages and costs, including reasonable attorney fees, arising from your breach. You shall sign and deliver to TMI any additional documents that TMI may request to confirm TMI's rights under this agreement. top
6. TMI shall from time to time publish on its website its policies concerning the service and content to be submitted and you agree to comply with those policies. TMI shall have the right, but not the obligation, to review your Material and in its discretion may decline to post, edit, or remove any of the Material for any reason whatever. top
7. If a dispute and/or claim arises out of TMI’s use of the Materials you provide, TMI reserves the right to remove such materials from the TMI website until such time as a bonafide resolution has been reached by all disputing parties. TMI is not in a position nor has the authority to resolve any claims and/or disputes therefrom. TMI reserves the right to permanently bar artists or materials from using our services. TMI is not responsible or liable for any olss or damage resulting from the removal of material from the TMI website, nor from disabling your site on TPI. You agree to indemnify and hold harmless TMI from all costs, damages and olsses arising in connection with TMI’s use of the Materials hereunder or for removing Material or disabling or suspending your TMI account. top
8. You agree to accept the state of TMI website “AS IS” and accept it with no guarantees or warranties, express or implied, and you further agree that you use this site at your own risk. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and TMI shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the TMI service. There are no assurances whatsoever that any of the Material shall actually be utilized on the TMI site or if so utilized continue to be available for any particular time. The TMI site may be discontinued at any time, with or without reason. TMI disclaims all warranties to the full extent permissible under the applicable law. If for any reason any part of this agreement violates any law or would otherwise be void, this agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable. top
9. In the event of any dispute concerning this agreement Illinois law shall apply and all legal proceedings, if any, shall take place in the state of Illinois, in either Dupage or Cook County, Illinois. top
10. Failure by TMI to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision later or to take advantage of such provision. top
Welcome to Tarniusmusic.com! Tarnius Music Inc. (TMI) provides services to you subject to the following terms. If you visit or shop at TMI, you accept these terms. Please read them carefully. In addition, when you use any current or future TMI service, you also will be subject to the guidelines and conditions applicable to such service. We reserve the right to make changes to the Terms of Service in the future.
Privacy
Please review our Privacy Notice, which also governs your visit to TMI. top
Copyright
All content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TMI or those that supply TMI with its content and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TMI and protected by U.S. and international copyright laws. All software and programming used on this site is the property of TMI or its affiliates and protected by United States and international copyright laws.
TMI and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@tarniusmusic.com and provide us with the details of your claim. top
Site Access
TMI grants you access and personal use of this site and forbids any download or modification of it, or any portion of it. This does not include any commercial use of this site or its contents. Any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of any information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is strictly forbidden. Any unauthorized use terminates the permission granted by TMI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or artist pages of TMI so long as the link does not portray TMI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. In addition, the link may not portray an affiliation with TMI or its affiliates unless such an affiliation exists in writing. You may not use any TMI logo or other proprietary graphic or trademark as part of the link without express written permission. top
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TMI sells some products that are geared toward children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use TMI only with permission and involvement of a parent or guardian. Visitors may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin information given. TMI and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. top
Risk
All items purchased from TMI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. top
Product Descriptions
TMI and its affiliates attempt to be as accurate as possible. However, TMI does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TMI itself is not as described, your sole remedy is to return it in unused condition (if applicable; please see our return policy for details).
TMI is not obligated to filter the content of products carried, provide any warnings for content, or deem any such content inappropriate. This site is intended for the use of minors only if under the supervision of a parent or guardian. It is the sole responsibility of those purchasing material to understand the appropriateness of content, such as but not limited to, language, sounds, photos, innuendo, gestures, or anything else that might be deemed inappropriate. top
Pricing
Except where noted otherwise, the price displayed for products on our website represents the asking price provided by our artists. This price may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by TMI, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, it is possible that items will be occasionally mispriced on our pages. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you. top
Shipping and Handling
