Studio Policies
Last Updated:
September 10, 2024
GENERAL POLICIES
In accordance with state law and due to the risk it poses to our sensitive equipment, smoking inside the studio is not allowed. An easily accessible smoking area will be available just outside of the studio!
Client is fully responsible for any damages that occur during the session to equipment, furniture, property, adjoining property, etc. by anyone present including themselves and must reimburse the studio or affected party in full. Liability for damages is the responsibility of individual booking the session, even if they are not present during session.
No children under 14 years old are allowed anywhere in the studio without constant adult supervision at all times.
We recommend clients bring only themselves and their collaborating artists to sessions, no one else, as we allow 5 people maximum per A room control room and B room during sessions.
PAYMENT AND BOOKING
Payment in full is due 48 hours prior to session start. If payment is to be made in person it must be communicated in advance with your engineer. If making payment in person, full payment will be due at the beginning of the session.
ACCEPTED PAYMENT METHODS: Cash (see policy below*), Apple Pay, Credit / Debit cards online and in person. Unfortunately, we DO NOT accept Zelle, Venmo, Cashapp, PayPal, or cryptocurrency. Please plan to use another payment method.
Block studio time can be divided into multiple sessions and can be used within 1 year from date of purchase.
Example: purchase a 10 hour block and book a 2 hour, 3 hour, and 5 hour session. Hours remaining on file will be recorded in our client software by your engineer. We highly recommend this approach as it lowers your hourly rate! Note that block studio time is only available for Studio A currently.
Block studio time hours on file are non-refundable.
Hours on file expire exactly 1 calendar year after purchase date.
Hours on file are non-transferable between engineers, videographers, or other services without express written consent from all parties.
*CASH PAYMENTS: Cash payments must be paid in full and in exact change at the beginning of the client’s session. Neither the engineer or studio are guaranteed to have exact change. If a cash-paying client doesn’t show up for their session, they will be unable to book the studio again until they pay up front & in full using a different payment method. Cash drop-offs accepted at both studio and engineer’s discretion. It is highly recommended that if a client intends on paying cash for their next session, that they pay for their next session in cash before leaving. We do not accept cash payments for Studio B/Plug & Play rental, sorry!
CANCELLATIONS AND RESCHEDULING
Cancellations are refundable in the form of account credit only. In order to be eligible for a refund, a session must be canceled with 48 hours notice from the session start time.
If you do not lock in your session by paying in full or paying a deposit, you may lose your time slot; “First come, first served”. We do not hold slots on promises of later payments.
If you book studio time, you must use it all. No cutting sessions short to have hours put on file during your session. If you’d like to shorten your session, you must let the engineer know at least 48 hours prior to your session’s start time. Someone may have been looking to book the slot you booked.
Same-day and next-day studio bookings are never guaranteed and at both the studio and engineer’s discretion.
NO-CALL, NO-SHOW
If you are running late or can’t make it, you must notify us! The following applies for no-call, no-shows:
PREPAID: Engineer will call the phone number used to book the session or on file roughly 15 minutes after scheduled start. If the client fails to answer or respond within 1 hour of their scheduled session start time, 2 hours will be billed to their account and their engineer will be free to leave. Remaining hours (if applicable) will remain on file.
Prepaid 1-hour block session no-shows are non-refundable and the engineer may leave after 30 minutes. Clients will not be credited 30 minutes on file.
NOT PREPAID: Engineer will call the phone number on file roughly 15 minutes after scheduled start. If the client fails to answer or respond within 30 minutes of their scheduled session start time their engineer will be free to leave. Clients will owe the full session balance or 2 hour minimum (whichever is less) and will be unable to book another session until their balance is paid. Please note, that we have a strict 1-strike policy with no-call, no-shows for sessions which are not prepaid. All future sessions will require pre-payment in full.
ALL PLUG & PLAY/B ROOM SESSIONS:
2, 4, and 6 hour blocks: Engineer will call the phone number used to book the session or on file roughly 15 minutes after scheduled start.
If the client fails to answer or respond within 1 hour of their scheduled session start time, the studio personnel on-site to let you in for your session may leave. The studio may be closed when the client arrives.
8 hour blocks: Same as above except on-site studio personnel will wait 2 hours.
All B room no-show sessions are non-refundable.
NOTES: We understand there may be extenuating circumstances which result in a no-call, no-show and in certain cases solely at the discretion of Snake Brook Records LLC, may forgive any due charges resulting from a no-call, no-show booking. Again, this is solely at our discretion and is only for extreme cases.
DELIVERABLES AND STORAGE
Within 24 hours after your session, a download link will be emailed to you with your session files. These will include export(s) of the current state of recording dependent on the service rendered.
Pro Tools sessions are available upon request but time must be left at the end of your session to accommodate upload. Upload links for Pro Tools Sessions will remain active for no less than 7 days.
We cannot guarantee that Pro Tools or other applicable workstation files will be fully usable outside of Snake Brook Records due to system and plugin compatibility.
Snake Brook Records guarantees file storage for 6 months after the last session at which point we reserve the right to delete your files. Please ensure you are downloading and storing your files after each session accordingly.
If a client wishes to have stems/track outs from their recording session they must communicate that with the engineer either before or during their session. Bouncing stems can take time and cannot be done for free outside of sessions, it must be done during their session. If a client requests stems after their session they will have to pay a $50 stem transfer fee. Bouncing and sending stems can take over an hour, this fee is more than fair and already discounted from the hourly rate.
BRAND USE AND SOCIAL MEDIA POLICY
These policies are in place to outline acceptable use of the Snake Brook Brand on social media and via any other platform. These policies apply to all clients but are particularly important for those using our Plug & Play studio(s)
A client booking Plug & Play studio(s) for freelance work in any capacity is not permitted to perform any of the following
Misrepresent themselves as an “employee”, “contractor”, “apprentice”, “intern”, or any other association to Snake Brook Records except “Client”
List Snake Brooks Records LLC or 169 Pine St Natick MA 01760 as your place of business on any platform.Violation of this policy or misuse of our brand will result in a notice from Snake Brook Records LLC outlining the misuse. We understand that mistakes and miscommunications happen and that’s ok! We will take this opportunity to clarify our policies with you. Any further misuse could result in a permanent ban from our studios or legal action depending on severity
We appreciate your consideration in this policy. It’s important and good for all parties to ensure our clients understand limitations of everyone’s involvement
NEW CLIENT DISCOUNT POLICIES
Discounts are only available for sessions booked directly through the studio or the studio's website. Sessions booked through third party services are not eligible
Clients are only eligible for this discount if they have never booked or participated in a session at Snake Brook Records. If you have attended someone else’s session, you may be ineligible depending on if you recorded or had a service done for you while you were there
This discount may not apply to remote sessions such as mixing or mastering, or music production, and is subjective to the engineer you will be working with
This discount cannot be stacked or redeemed multiple times
If a group is using the new client discount (for example a band with 3 members) then the group and all individual members will both be treated as the new client. Even if the band breaks up and 1 member returns to book another session they will not be considered a new client
If you have previously worked with a Snake Brook engineer outside of Snake Brook Records, you are ineligible for the new client discount
You cannot book a session that will be attended by someone who has used the new client discount before. For example, if you have a friend who has already used the new client discount and wants you to book a session for them, you both are ineligible unless that friend does not attend the session
This discount does not apply to podcasting services, post-production services, plug and play sessions, or any flat-rate services such as music production
We reserve the right to revoke or not honor this discount for any reason
If a client shows up to their session and the engineer feels as though they have abused their new client discount, they will owe the difference between the full price and the discounted rate for their session or risk being temporarily or permanently banned from Snake Brook Records
The terms of this discount and the discount itself are both subject to change without notice at any time
PLUG & PLAY REFERRAL PROGRAM POLICIES
Discounts are only available for sessions booked directly through the studio or the studio's website. Sessions booked through third party services are not eligible
To be eligible for this program, you must have booked and showed up for at least 1 plug and play session. Immediately after your first plug and play session ends, you are automatically enrolled into the referral program and eligible to start referring people!
To successfully refer someone, you need to:
Have the person you are referring book online at snakebrookrecords.com/booking and note that they were referred by you
Agree to our studio policiesFor someone to be successfully referred by you, they need to:
Have never booked a plug and play session at Snake Brook Records before
Book a full-priced session themselves, not have someone else book or pay for a session for them
Show up for their plug and play session and complete it
Have agreed to our studio policies before booking their sessionImmediately following their session that you referred them for, 1 referral will be added to your account. We will keep track of your referrals, no need to worry!
This discount cannot be stacked or redeemed multiple times. For example, if you have 2 referrals in your account you cannot apply them both to 1 session, you must use them each for 2 separate sessions
Your referral discounts cannot be applied to sessions that end within 24 hours of each other. For example, you can use 1 referral discount for a session Tuesday 2pm-6pm, but cannot use it the next day Wednesday 4pm-8pm. However, you would be able to use another referral discount Wednesday 6pm-10pm since the session would have started 24 hours after your last discounted session ended the previous day. We apologize if this is confusing, feel free to contact us for further clarification
Unlike our New Client Discount for Studio A services, this discount can be used by someone that has attended a plug and play session that did not book it themselves. This discount is intended for the word to be spread and for everyone to enjoy so we can continue to offer high-quality equipment in a treated space that’s accessible and affordable for everyone. We ask that you please not abuse this wonderful opportunity and treat us and our space with respect!
This discount does not apply to engineering services, podcasting services, Studio A services, or any other services. Plug and play sessions only
This discount cannot be applied to plug and play sessions paid for in cash, sorry
We reserve the right to revoke or not honor this discount for any reason, and may revoke referrals on file at any time for any reason
The terms of this discount and the discount itself are both subject to change without notice at any time
ADDITIONAL NOTES
We reserve the right to update these policies at any time
We reserve the right to refuse service to any client which has violated these policies or performed any action we deem unacceptable. In either case, you will be entitled to and will receive an explanation from us regarding our decision.
Most importantly, we want Snake Brook to be a space for artists and creatives of all backgrounds to feel accepted and be able to enjoy. These policies are all in place to ensure we can continue to provide just that.
SNAKE BROOK RECORDS POLICIES
Privacy Policy
Last Updated:
September 10, 2024
GENERAL POLICIES
In accordance with state law and due to the risk it poses to our sensitive equipment, smoking inside the studio is not allowed. An easily accessible smoking area will be available just outside of the studio!
Client is fully responsible for any damages that occur during the session to equipment, furniture, property, adjoining property, etc. by anyone present including themselves and must reimburse the studio or affected party in full. Liability for damages is the responsibility of individual booking the session, even if they are not present during session.
No children under 14 years old are allowed anywhere in the studio without constant adult supervision at all times.
We recommend clients bring only themselves and their collaborating artists to sessions, no one else, as we allow 5 people maximum per A room control room and B room during sessions.
PAYMENT AND BOOKING
Payment in full is due 48 hours prior to session start. If payment is to be made in person it must be communicated in advance with your engineer. If making payment in person, full payment will be due at the beginning of the session.
ACCEPTED PAYMENT METHODS: Cash (see policy below*), Apple Pay, Credit / Debit cards online and in person. Unfortunately, we DO NOT accept Zelle, Venmo, Cashapp, PayPal, or cryptocurrency. Please plan to use another payment method.
Block studio time can be divided into multiple sessions and can be used within 1 year from date of purchase.
Example: purchase a 10 hour block and book a 2 hour, 3 hour, and 5 hour session. Hours remaining on file will be recorded in our client software by your engineer. We highly recommend this approach as it lowers your hourly rate! Note that block studio time is only available for Studio A currently.
Block studio time hours on file are non-refundable.
Hours on file expire exactly 1 calendar year after purchase date.
Hours on file are non-transferable between engineers, videographers, or other services without express written consent from all parties.
*CASH PAYMENTS: Cash payments must be paid in full and in exact change at the beginning of the client’s session. Neither the engineer or studio are guaranteed to have exact change. If a cash-paying client doesn’t show up for their session, they will be unable to book the studio again until they pay up front & in full using a different payment method. Cash drop-offs accepted at both studio and engineer’s discretion. It is highly recommended that if a client intends on paying cash for their next session, that they pay for their next session in cash before leaving. We do not accept cash payments for Studio B/Plug & Play rental, sorry!
CANCELLATIONS AND RESCHEDULING
Cancellations are refundable in the form of account credit only. In order to be eligible for a refund, a session must be canceled with 48 hours notice from the session start time.
If you do not lock in your session by paying in full or paying a deposit, you may lose your time slot; “First come, first served”. We do not hold slots on promises of later payments.
If you book studio time, you must use it all. No cutting sessions short to have hours put on file during your session. If you’d like to shorten your session, you must let the engineer know at least 48 hours prior to your session’s start time. Someone may have been looking to book the slot you booked.
Same-day and next-day studio bookings are never guaranteed and at both the studio and engineer’s discretion.
NO-CALL, NO-SHOW
If you are running late or can’t make it, you must notify us! The following applies for no-call, no-shows:
PREPAID: Engineer will call the phone number used to book the session or on file roughly 15 minutes after scheduled start. If the client fails to answer or respond within 1 hour of their scheduled session start time, 2 hours will be billed to their account and their engineer will be free to leave. Remaining hours (if applicable) will remain on file.
Prepaid 1-hour block session no-shows are non-refundable and the engineer may leave after 30 minutes. Clients will not be credited 30 minutes on file.
NOT PREPAID: Engineer will call the phone number on file roughly 15 minutes after scheduled start. If the client fails to answer or respond within 30 minutes of their scheduled session start time their engineer will be free to leave. Clients will owe the full session balance or 2 hour minimum (whichever is less) and will be unable to book another session until their balance is paid. Please note, that we have a strict 1-strike policy with no-call, no-shows for sessions which are not prepaid. All future sessions will require pre-payment in full.
ALL PLUG & PLAY/B ROOM SESSIONS:
2, 4, and 6 hour blocks: Engineer will call the phone number used to book the session or on file roughly 15 minutes after scheduled start.
If the client fails to answer or respond within 1 hour of their scheduled session start time, the studio personnel on-site to let you in for your session may leave. The studio may be closed when the client arrives.
8 hour blocks: Same as above except on-site studio personnel will wait 2 hours.
All B room no-show sessions are non-refundable.
NOTES: We understand there may be extenuating circumstances which result in a no-call, no-show and in certain cases solely at the discretion of Snake Brook Records LLC, may forgive any due charges resulting from a no-call, no-show booking. Again, this is solely at our discretion and is only for extreme cases.
DELIVERABLES AND STORAGE
Within 24 hours after your session, a download link will be emailed to you with your session files. These will include export(s) of the current state of recording dependent on the service rendered.
Pro Tools sessions are available upon request but time must be left at the end of your session to accommodate upload. Upload links for Pro Tools Sessions will remain active for no less than 7 days.
We cannot guarantee that Pro Tools or other applicable workstation files will be fully usable outside of Snake Brook Records due to system and plugin compatibility.
Snake Brook Records guarantees file storage for 6 months after the last session at which point we reserve the right to delete your files. Please ensure you are downloading and storing your files after each session accordingly.
If a client wishes to have stems/track outs from their recording session they must communicate that with the engineer either before or during their session. Bouncing stems can take time and cannot be done for free outside of sessions, it must be done during their session. If a client requests stems after their session they will have to pay a $50 stem transfer fee. Bouncing and sending stems can take over an hour, this fee is more than fair and already discounted from the hourly rate.
BRAND USE AND SOCIAL MEDIA POLICY
These policies are in place to outline acceptable use of the Snake Brook Brand on social media and via any other platform. These policies apply to all clients but are particularly important for those using our Plug & Play studio(s)
A client booking Plug & Play studio(s) for freelance work in any capacity is not permitted to perform any of the following
Misrepresent themselves as an “employee”, “contractor”, “apprentice”, “intern”, or any other association to Snake Brook Records except “Client”
List Snake Brooks Records LLC or 169 Pine St Natick MA 01760 as your place of business on any platform.Violation of this policy or misuse of our brand will result in a notice from Snake Brook Records LLC outlining the misuse. We understand that mistakes and miscommunications happen and that’s ok! We will take this opportunity to clarify our policies with you. Any further misuse could result in a permanent ban from our studios or legal action depending on severity
We appreciate your consideration in this policy. It’s important and good for all parties to ensure our clients understand limitations of everyone’s involvement
NEW CLIENT DISCOUNT POLICIES
Discounts are only available for sessions booked directly through the studio or the studio's website. Sessions booked through third party services are not eligible
Clients are only eligible for this discount if they have never booked or participated in a session at Snake Brook Records. If you have attended someone else’s session, you may be ineligible depending on if you recorded or had a service done for you while you were there
This discount may not apply to remote sessions such as mixing or mastering, or music production, and is subjective to the engineer you will be working with
This discount cannot be stacked or redeemed multiple times
If a group is using the new client discount (for example a band with 3 members) then the group and all individual members will both be treated as the new client. Even if the band breaks up and 1 member returns to book another session they will not be considered a new client
If you have previously worked with a Snake Brook engineer outside of Snake Brook Records, you are ineligible for the new client discount
You cannot book a session that will be attended by someone who has used the new client discount before. For example, if you have a friend who has already used the new client discount and wants you to book a session for them, you both are ineligible unless that friend does not attend the session
This discount does not apply to podcasting services, post-production services, plug and play sessions, or any flat-rate services such as music production
We reserve the right to revoke or not honor this discount for any reason
If a client shows up to their session and the engineer feels as though they have abused their new client discount, they will owe the difference between the full price and the discounted rate for their session or risk being temporarily or permanently banned from Snake Brook Records
The terms of this discount and the discount itself are both subject to change without notice at any time
PLUG & PLAY REFERRAL PROGRAM POLICIES
Discounts are only available for sessions booked directly through the studio or the studio's website. Sessions booked through third party services are not eligible
To be eligible for this program, you must have booked and showed up for at least 1 plug and play session. Immediately after your first plug and play session ends, you are automatically enrolled into the referral program and eligible to start referring people!
To successfully refer someone, you need to:
Have the person you are referring book online at snakebrookrecords.com/booking and note that they were referred by you
Agree to our studio policiesFor someone to be successfully referred by you, they need to:
Have never booked a plug and play session at Snake Brook Records before
Book a full-priced session themselves, not have someone else book or pay for a session for them
Show up for their plug and play session and complete it
Have agreed to our studio policies before booking their sessionImmediately following their session that you referred them for, 1 referral will be added to your account. We will keep track of your referrals, no need to worry!
This discount cannot be stacked or redeemed multiple times. For example, if you have 2 referrals in your account you cannot apply them both to 1 session, you must use them each for 2 separate sessions
Your referral discounts cannot be applied to sessions that end within 24 hours of each other. For example, you can use 1 referral discount for a session Tuesday 2pm-6pm, but cannot use it the next day Wednesday 4pm-8pm. However, you would be able to use another referral discount Wednesday 6pm-10pm since the session would have started 24 hours after your last discounted session ended the previous day. We apologize if this is confusing, feel free to contact us for further clarification
Unlike our New Client Discount for Studio A services, this discount can be used by someone that has attended a plug and play session that did not book it themselves. This discount is intended for the word to be spread and for everyone to enjoy so we can continue to offer high-quality equipment in a treated space that’s accessible and affordable for everyone. We ask that you please not abuse this wonderful opportunity and treat us and our space with respect!
This discount does not apply to engineering services, podcasting services, Studio A services, or any other services. Plug and play sessions only
This discount cannot be applied to plug and play sessions paid for in cash, sorry
We reserve the right to revoke or not honor this discount for any reason, and may revoke referrals on file at any time for any reason
The terms of this discount and the discount itself are both subject to change without notice at any time
ADDITIONAL NOTES
We reserve the right to update these policies at any time
We reserve the right to refuse service to any client which has violated these policies or performed any action we deem unacceptable. In either case, you will be entitled to and will receive an explanation from us regarding our decision.
Most importantly, we want Snake Brook to be a space for artists and creatives of all backgrounds to feel accepted and be able to enjoy. These policies are all in place to ensure we can continue to provide just that.
Terms of Service
Last Updated:
September 10, 2024
Welcome to snakebrookrecords.com, operated by Snake Brook Records LLC, located at 169 Pine St Natick MA 01760. By using the website located at snakebrookrecords.com, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”). If you object to anything in this Agreement or the snakebrookrecords.com Privacy Policy, do not use the Service.
This Agreement is subject to change by snakebrookrecords.com at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following snakebrookrecords.com posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by snakebrookrecords.com from time to time, such modifications to be effective upon posting by snakebrookrecords.com on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of snakebrookrecords.com, which may be revoked at any time, for any reason, in snakebrookrecords.com’s sole discretion.
3. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify snakebrookrecords.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. snakebrookrecords.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your snakebrookrecords.com account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by snakebrookrecords.com.
c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in snakebrookrecords.com’s sole and reasonable discretion;
● any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in snakebrookrecords.com’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any snakebrookrecords.com employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer, any snakebrookrecords.com account to any third party without the prior written approval of snakebrookrecords.com.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by snakebrookrecords.com or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of snakebrookrecords.com’s servers, system or network or attempt to breach snakebrookrecords.com’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking snakebrookrecords.com’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of snakebrookrecords.com under these Terms of Service, snakebrookrecords.com reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that snakebrookrecords.com has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
5. Representations and Warranties. You hereby represent and warrant to snakebrookrecords.com as follows:
a. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize snakebrookrecords.com to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.
b. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
d. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability on the part of snakebrookrecords.com, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
snakebrookrecords.com reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at _____________. If you resign or cancel your membership and/or subscription to snakebrookrecords.com, to help snakebrookrecords.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. snakebrookrecords.com may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to snakebrookrecords.com. If snakebrookrecords.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of snakebrookrecords.com. snakebrookrecords.com is not required to provide you notice prior to terminating your membership and/or subscription. snakebrookrecords.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
7. Modifications to Service. snakebrookrecords.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that snakebrookrecords.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Blocking of IP Addresses. In order to protect the integrity of the Services, snakebrookrecords.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
9. Content.
a. Proprietary Rights. snakebrookrecords.com retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of snakebrookrecords.com, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on snakebrookrecords.com is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of snakebrookrecords.com and for snakebrookrecords.com’s Members' use only. Distribution of Content to others is strictly prohibited. You agree that snakebrookrecords.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, snakebrookrecords.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on snakebrookrecords.com may be supplied by third parties. snakebrookrecords.com has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of snakebrookrecords.com. This shall have no effect on Sections ___ (Copyright Policy), _____ (Limitation of Liability), and _____ (Indemnity by You) of this Agreement.
However, with respect to Your Content, snakebrookrecords.com grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
10. Restrictions on Use of Materials. You acknowledge that snakebrookrecords.com contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and snakebrookrecords.com owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
11. Copyright Policy. snakebrookrecords.com prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
[insert address]
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to snakebrookrecords.com at the address shown above, giving a written statement that contains:
a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address, and daytime telephone number, and an e-mail address if available;
d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
snakebrookrecords.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
12. Liability for Content. You hereby acknowledge and agree that snakebrookrecords.com (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, snakebrookrecords.com excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that snakebrookrecords.com cannot and does not review the Content created or uploaded by its users, and neither snakebrookrecords.com nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
snakebrookrecords.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against snakebrookrecords.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
13. Repeat Infringers. snakebrookrecords.com will suspend or terminate your access to the Websites if snakebrookrecords.com determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by snakebrookrecords.com at its sole discretion.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
14. Limitation of Liability. In no event shall snakebrookrecords.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from snakebrookrecords.com or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. snakebrookrecords.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL snakebrookrecords.com, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF snakebrookrecords.com HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL snakebrookrecords.com HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF snakebrookrecords.com HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of snakebrookrecords.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to snakebrookrecords.com during the six months prior to notice to snakebrookrecords.com of the dispute for which the remedy is sought.
15. Indemnity by You. You agree to indemnify and hold snakebrookrecords.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of snakebrookrecords.com.
16. Attorney Fees. In the event that snakebrookrecords.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for snakebrookrecords.com’s attorneys' fees and costs.
17. Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
18. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of ___________, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of _____________ with the same force and effect as if such service had been made within the State of ____________. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
19. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Massachusetts. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Massachusetts.
20. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
21. Availability Outside the U.S. If you access snakebrookrecords.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
22. Entire Agreement. This Agreement contains the entire agreement between you and snakebrookrecords.com regarding the use of the Websites and/or the Service.
23. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, snakebrookrecords.com’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect snakebrookrecords.com’s ability to enforce such term at any point in the future.
24. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.