Terms

Last updated: March 19, 2022

Safe House Music Studios, an Ohio corporation, and its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, managers, and directors (collectively, “Safe House Studios,” “we,” “our,” or “us”) provide a venue and associated services to facilitate the recording of musical compositions (collectively, the “Service” or “Services”). To facilitate the provision of the Services, we provide information through the safehousemusicstudios.com website and any webpage located at such domain (collectively, the “Site”).

We offer the Site as a convenience to the Site’s users, subject to the following terms of use (“Terms of Use”), specifically including Safe House Studios’s privacy policy (“Privacy Policy”). If you do not agree to these Terms of Use, then you are authorized to use neither the Site nor our Services.

We may change our Terms of Use from time to time. If we do, we will notify you on our Site or by sending you an email detailing the changes and the date the new Terms of Use go into effect.

Application of These Terms of Use

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN SAFE HOUSE STUDIOS AND YOU – THE USER OF THE SITE. BY USING THIS SITE, YOU ARE AGREEING TO THESE LEGALLY BINDING TERMS OF USE. YOU ARE ALSO AGREEING TO OUR PRIVACY POLICY. IF YOU DO NOT WISH TO CONTINUE TO BE BOUND BY THESE TERMS, THEN YOU MUST STOP USING THE SITE IMMEDIATELY. For the avoidance of doubt, if you use our Services, you will enter into a separate legally binding agreement (“Studio Recording Agreement”) that will govern your relationship with us with respect to everything other than your use of the Site, and these Terms of Use will not apply to your relationship with us outside of your use of the Site. At the same time, you may elect to enter into the Studio Recording Agreement through the Site and to submit payment through a third-party payment processor linked through the Site, in which case these Terms of Use, including the Privacy Policy, will apply with respect to your input of information through the Site.

Intellectual Property

The Site may include content, code, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual content, video, artwork, graphics, logos, icons, messages, and other content of any nature transmitted to or via the Site (collectively, “Content”). All of the Content on the Site is the property of Safe House Studios or the Content’s respective owners and may be protected by copyright, trademark, and other intellectual property laws. Subject to all applicable laws, you shall not reproduce, copy, distribute, store, or re-use Content from the Site, unless expressly agreed to in writing between you and the owner of rights to the applicable Content.

Links to Other Websites

Unless we expressly state otherwise, websites linked to on the Site are not under our control. We assume no responsibility for the Content of such websites and we disclaim any and all liability for any and all forms of loss or damage arising out of the use of such linked websites.

What We Are Not Responsible For

Safe House Studios is not liable for any damages or losses related to your use of the Site. We reserve the right not to become involved in disputes between users, or between users and any third party relating to the use of the Site. When you use the Site, you release Safe House Studios from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site. All Content you access through the Site is at your own risk. You are solely responsible for any resulting damage or loss to any party.

Disclaimers

If you are an account holder, you may have recourse depending on the circumstances if something goes wrong with your use of the Site. Any recourse is limited by the following disclaimers:

WE HAVE NO FIDUCIARY DUTY TO ANY USER.
WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT THE SITE OR SERVICES WILL (1) MEET YOUR REQUIREMENTS, (2) BE OF SATISFACTORY QUALITY, (3) BE FIT FOR A PARTICULAR PURPOSE, (4) NOT INFRINGE THE RIGHTS OF THIRD PARTIES, (5) BE COMPATIBLE WITH ALL SYSTEMS, (6) BE SECURE, OR (7) CONTAIN ANY ACCURATE INFORMATION.
WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF THE SITE OR SERVICES.
NO PART OF THE SITE IS INTENDED TO CONSTITUTE ADVICE, AND THE CONTENT OF THE SITE SHOULD NOT BE RELIED UPON WHEN MAKING ANY DECISIONS OR TAKING ANY ACTION OF ANY KIND.
THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE GIVE NO WARRANTY THAT EITHER THE SITE WILL BE FREE OF DEFECTS OR FAULTS.
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WE ACCEPT NO LIABILITY FOR ANY DISRUPTION OR NON-AVAILABILITY OF THE SITE RESULTING FROM EXTERNAL CAUSES INCLUDING, BUT NOT LIMITED TO, ISP EQUIPMENT FAILURE, HOST EQUIPMENT FAILURE, COMMUNICATIONS NETWORK FAILURE, POWER FAILURE, NATURAL EVENTS, ACTS OF WAR, OR LEGAL RESTRICTIONS AND CENSORSHIP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY INFORMATION CONTAINED THEREIN, AND YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAFE HOUSE STUDIOS (INCLUDING ANY AND ALL SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, CONTRACTORS, REPRESENTATIVES, AGENTS, AND THIRD PARTY PROVIDERS) FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO, BREACH OF THESE TERMS OF USE OR VIOLATION OF ANY LAWS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO INDEMNIFY US, AND YOU AGREE TO ASSIST AND COOPERATE WITH US AS REASONABLY REQUIRED IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.

No Waiver

IN THE EVENT THAT EITHER YOU OR WE FAIL TO EXERCISE ANY RIGHT OR REMEDY CONTAINED IN THESE TERMS OF USE, THAT DOES NOT MEAN YOU OR WE (AS APPLICABLE) HAVE WAIVED THAT RIGHT OR REMEDY AND SO SHALL NOT BE CONSTRUED AS A WAIVER.

Communications

If you wish to communicate with us about anything related to these Terms of Use, you may do so by sending an email to: info@safehousemusicstudios.com. If you have any other questions about the Site, you should email the appropriate address set out in the “Contact Us” section of the Site.

Governing Law

This agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Ohio regardless of your location. For the purpose of any judicial proceeding to enforce such award, or if for any reason a claim proceeds in court rather than in arbitration, the parties hereby submit to the non-exclusive jurisdiction of the state and federal courts sitting in Dayton, Ohio. With respect to any disputes or claims not subject to informal dispute resolution, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Dayton, Ohio and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Dayton, Ohio.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this agreement (“Dispute”), you and Safe House Studios agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating court proceeding. Such informal negotiations commence upon written notice from one party to the other. You must send your notice to:

919 N. Keowee Street

Dayton, Ohio 45404

or to the email: info@safehousemusicstudios.com, ATTENTION: LEGAL.

Restrictions

You and Safe House Studios agree that any arbitration shall be limited to the Dispute between Safe House Studios and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Notice for Users in California

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.