TERMS AND CONDITIONS

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the sterlingskyesound.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Sterling Skye Sound ("Sterling Skye Sound", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Sterling Skye Sound, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

 

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change services and service pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. Prior agreements do not dictate nor determine future agreements.

All prices are listed in USD. If you reside in a country that uses a different form of currency, please review the current exchange rate by visiting https://www.xe.com/. Currency exchange and transaction fees may be applied during payment.

Taxes are included. You will not be required to pay any federal, state or local taxes in addition to any prices listed on this website.

We currently accept payment via the following third party services:

  • Paypal

  • Venmo

We also accept cryptocurrency payments such as bitcoin.

Checks and money orders not accepted.

Workflow, Invoices and Payments

The following rules apply for any podcast editing services:

  • Payment is not required at the time of booking.

  • You will receive a review file prior to or on the agreed upon deadline.

- At this time, you have the option of submitting your written approval or a detailed revision request.

- Review file will not be mastered nor ready for release. The mastering process begins only after we receive your written approval.

  • After receipt of approval for your edited episode, we will send you an invoice via email within 48 hours.

- This invoice will outline the exact services provided and all fees due for said services.​

  • We will not release any finalized files until the invoice is paid in full.

  • After payment confirmation is received, all relevant finalized files will be released to you within 24 hours.​

The following rules apply for any mixing services:

  • A deposit is required before any work begins. 

- Deposit must be equal to or greater than half of the agreed upon price.

- This deposit is a non-refundable booking and labor fee. Only under special circumstance, prior to any work being performed, may this deposit be refunded in full. Any amount paid exceeding the 50% minimum deposit is eligible for a refund.

  • You will receive a review file prior to or on the agreed upon deadline.

- At this time, you have the option of submitting your written approval or a detailed revision request.

- Review file will not be ready for release. Brief audio dropouts will be added to protect our work. Dropouts are strategically placed to prevent excessive distractions during the review process.

  • After receipt of approval for your mix or master file, we will send you an invoice via email within 48 hours.

- This invoice will outline the exact services provided, prior payments made and all remaining fees due for said services.​

  • We will not release any finalized files until the invoice is paid in full.

  • After payment confirmation is received, all relevant finalized files will be released to you within 24 hours.​

The following rules apply for any mastering services:

  • Payment is required in full before we start working on your project.

  • After we complete your project, we will send you a high-quality WAV file for you to review.​​

At this time, you have the option of submitting your written approval or a detailed revision request.

- Review file will not be ready for release. Brief audio dropouts will be added to protect our work. Dropouts are strategically placed to prevent excessive distractions during the review process.

  • After receipt of approval for your master, all relevant finalized files will be released to you within 24 hours.

The following rules apply for any noise removal, audio repair or vocal tuning services:

  • We will provide a short sample generated from any material you're willing to send prior to an agreement.

  • We will also send you a customized quote based upon the work needed to be completed to meet your goals.

- ​After receiving our sample and quote, you will then have the option of booking.

  • Payment is required in full before we start working on your project.

- 50% of your payment is a non-refundable​ cost for booking and labor fees. Only under special circumstance, prior to any work being performed, may this deposit be refunded in full.

  •  After we complete your project, we will send you the finalized files.​​

At this time, you have the option of submitting a detailed revision request.

- We will continue to correct any errors found until you are completely satisfied.

The following rules apply for any online lessons:

  • Payment is required in full at the time of booking.

Refund Policy

We strive to provide the highest quality of work for our clients that far exceeds any expectations. However, if you are not completely satisfied with the outcome of your project, you have the right to refuse payment or request a refund. Please refer to the following guidelines before booking.

You have the right to refuse payment or request a refund if:

  • You're not satisfied with the final results after multiple revisions have been performed.

  • An agreed upon deadline has passed without notice of delay.

  • An unsatisfactory deadline extension request has been submitted.

You will not be eligible for a refund if:

  • You have approved a review file, submitted payment and received the finalized files.

For mixing projects:

  • The 50% deposit made at time of booking is non-refundable. Only under special circumstance, prior to any work being performed, may this deposit be refunded in full.

For noise removal, audio repair or vocal tuning projects:

  • 50% of your payment is a non-refundable cost for booking and labor. Only under special circumstance, prior to any work being performed, may this deposit be refunded in full.

 

For online lessons:

  • If you have booked a single online lesson:

    • A full refund will be issued if the scheduled lesson is not within 24 hours at the time of request.

    • If the booked lesson falls within 24 hours, a refund will not be issued, but you may reschedule the lesson.
       

  • If you have booked multiple lessons:

    • A refund will not be issued for any past lessons or any future lessons scheduled within 24 hours at the time of request.

    • You may request a partial refund for any remaining lessons booked that are not scheduled within 24 hours at the time of request.
       

  • Rescheduling lessons:

    • You may reschedule a booked lesson (1) time.

    • You may not reschedule a lesson and then proceed to request a refund for said lesson. Rescheduled lessons become nonrefundable.

    • These terms are subject to change only under extreme circumstances.

Revisions

Depending upon the service; we offer either a limit of (2) revisions or unlimited revisions. We always strive to be flexible and encourage creativity when possible. However, working without limitations and deadlines can lead to a never ending cycle of "let's try this" or "maybe it would sound better if...". Below is a list of common requests that would be covered with the included revisions and a few requests that would not be covered. These lists are not all-encompassing nor exclusive. We have the final decision about whether or not a requested revision will be performed without additional fees.

Revision requests covered:​​

  • Removal of noise problems.

  • Removal of interview questions.

  • Volume adjustments of an individual track/sound or group of tracks (e.g., can you make the drums louder?)

  • Basic creative decisions such as muting an instrument in a particular section of a song.

  • Adjustments or additions of time-based effects like reverb and delay.

Revision request that would not be covered:

  • Adding tracks or audio clips not included in the original project submission.

  • Major changes in the arrangement of a song not previously discussed.

After receiving your written approval for a review file, the process to finalize your project will begin. Any revisions requested after will incur a fee. The fee will be determined based upon the extent of the requested revision.

Backups

We agree to maintain a backup of all working sessions and media files associated with your project for a minimum of (1) year or (5) years for clients who book our premium mixing service. These backups are kept as a courtesy to our clients. Files may be stored in/on a cloud-based storage service and/or a physical HDD (hard disk drive) or SSD (solid state drive). We take all necessary steps and precautions to ensure that your project files are not lost due to hard drive failure or any other unforeseen circumstance.

You will not be notified prior to the end of the retention period or after this period has passed. After the retention period has passed, we withhold the right to permanently remove any and all material associated with your project. It is not in our interest to remove sessions and media files unless completely necessary. We may continue to maintain a backup after the retention period has passed; however, this is not a guarantee.

You may request a copy of relevant backup files; however, editing, mixing and mastering sessions will not be released.

You may request an additional (5) years of backup for a fee of $20.00 USD.

 

In the unlikely event of data loss, you agree not to hold us liable for any lost sessions or media files.

- If you opted for the (5) year extension; you'll receive a full refund of the $25.00 fee in the event of any data loss.

Accounts and Membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

User Content

We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

 

Adult Content

Please be aware that there may be certain adult or mature content available on the Website. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Website and Services may not be available to children under 18 under any circumstances.

 

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Third Party Services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Sterling Skye Sound with respect to such other services. Sterling Skye Sound is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Sterling Skye Sound to disclose your data as necessary to facilitate the use or enablement of such other service.

 

Uptime Guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Advertisements

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Sterling Skye Sound will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

 

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

 

Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sterling Skye Sound or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sterling Skye Sound. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Sterling Skye Sound or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Sterling Skye Sound or third party trademarks.

 

Disclaimer of Warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Sterling Skye Sound, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Sterling Skye Sound and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Sterling Skye Sound for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

You agree to indemnify and hold Sterling Skye Sound and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and Amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

 

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to sterling@sterlingskyesound.com.

 

This document was last updated on March 25, 2021