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Terms & Conditions

Terms & Conditions

3rd March 2021

Ultimate Producer ("Company" or "we") is an application that is available as a service online at https://ultimateproducer.co.uk ("Website").

Ultimate Producer offers interactive music production challenges to test, train and transform your ability to create pro-sounding music (together shall be referred as "Ultimate Producer").

Each of Ultimate Producers users ("User" or "you") are invited to enjoy Ultimate Producer in accordance with the terms and conditions hereunder.

Ultimate Producer is operated by Sound Courses LTD.

Sound Courses LTD is incorporated in and is subject to the laws in England & Wales with the registered company number 11614088. Our registered office address is: Sound Courses LTD, 86-90 Paul Street, London EC2A 4NE, United Kingdom.

These terms set out the general terms of service provided by us. By signing up to our service you are agreeing to the terms of service as set out below in this document. Please review these terms carefully.

We have made every effort to make this document as easy to understand as possible. We hope this helps you gain a good understanding of what we offer you, what you can expect from us, and, what we expect from you.

If you have any questions about these terms or if you have a question or query about our service, please contact us.

Acceptance of the terms

By connecting to, accessing or using Ultimate Producer, you acknowledge that you have read and understood the following terms of use including the terms of the Privacy Policy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on Ultimate Producer. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE ULTIMATE PRODUCER.

The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms.

By connecting to, accessing or using Ultimate Producer, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using Ultimate Producer.

What is Ultimate Producer?

Ultimate Producer is an educational platform that offers interactive music production challenges to test, train and transform your ability to create pro-sounding music

Please note: Ultimate Producer, when used with headphones, speakers and/or monitors, might produce sound pressure levels that might cause partial or full hearing loss and/or damage other audio equipment such as speakers. It’s best to start with the volume turned down, play audio, then gradually turn up the volume to a safe and comfortable listening level. This will help protect your hearing and equipment when using Ultimate Producer. If you encounter any hearing loss or ringing in the ears, you should consult an audiologist.

Connecting to Ultimate Producer

To become a registered User on Ultimate Producer, you will need to open a registered Ultimate Producer account directly on the Website. The details we need in order to enroll you consist of, among others, your real name and an active email address. At the end of the registration process, you will be asked to choose a password, which must be kept in confidence at all times. The details you voluntarily provide us shall be kept in confidence according to our Privacy Policy.

We may use your email for updates and tips on Ultimate Producer's products and services, and for activities notifications. You can unsubscribe at any time in your account settings, or by using the links at the bottom of our emails. Please note that even if you opt-out, we'll still send you account-related emails, such as purchase confirmation and password reset emails.

You must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the services on Ultimate Producer and to contact you when necessary.

You will be able to edit or delete your personal account information at any point. Note that your first name and second name initial included in your account may be public and therefore visible to others. Therefore, to protect your privacy, please avoid disclosing any personally identifiable information.

Basic registration for Ultimate Producer is free of charge. However, we may decide to charge registration fees or to convert a certain free-of-charge service to a fee-based service on Ultimate Producer in the future. To unlock full access to a product on Ultimate Producer features you will have to purchase that product.

Support

Our support is email-based with most queries generally answered within 24 hours. Telephone support is not included in any of our plans but is generally available on a discretionary basis for those problems where it is merited.

Refund Policy

Ultimate Producer products offer a 30 day, 100% money-back guarantee. You may receive a refund by contacting our customer service within 30 days of your purchase. After that 30 day window, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.

Other than stated above, you hereby acknowledge and agree that Ultimate Producer will not offer refunds on any fees and charges related to your purchase of any Services.

Restrictions

Ultimate Producer respects your rights and expects that you respect those of Ultimate Producer, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Ultimate Producer services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so. As a condition to make use of the Ultimate Producer services you agree not to transfer, distribute or store any files that:

  • feature child pornography;
  • are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful, promote racism, violence or hatred;
  • are factually inaccurate, false, misleading or deceptive;
  • you don’t have the right to copy and/or transfer;
  • infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
  • infringe on or violate any applicable law or regulation;
  • constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;
  • facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.
  • In addition, you agree not to:
  • impersonate or falsely pretend affiliation with any person or entity;
  • access any non-public areas of the Ultimate Producer website or Services;
  • send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
  • attempt to probe, scan, compromise or test the vulnerability of the Ultimate Producer website or Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy.

Privacy Policy

We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access, or use Ultimate Producer. Our policy and practices and the type of information collected are described in detail in our Privacy Policy. If you intend to connect to, access, or use Ultimate Producer, you must first read and agree to the Privacy Policy.

Use of Ultimate Producer by minors

Any persons under the age of 13 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

Intellectual Property Rights

Ultimate Producer and the Intellectual Property rights pertaining thereto (other than User Generated Content) including, but not limited to, music, sounds, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of Ultimate Producer), visual and audio effects, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United Kingdom laws, foreign laws and international conventions.

All audio on Ultimate Producer is owned by the original copyright holder. By using Ultimate Producer you agree to not sample, record, to attempt to obtain copies of or download audio from Ultimate Producer. Using audio from Ultimate Producer to create derivative works is not permitted. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way.

User Representations and Undertakings

As a condition for your use of Ultimate Producer, you hereby represent and warrant that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use Ultimate Producer in accordance with these Terms, and to fully perform your obligations hereunder; If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms; The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and you will not infringe or violate any of the Terms.

You acknowledge and agree that: Company may remove any User Generated Content and/or discontinue your use of Ultimate Producer in its sole discretion with or without any reason; The Company may integrate commercials and advertisements, whether within or beside Ultimate Producer. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.

Trademarks and Trade Names

"Ultimate Producer", Company's logo and all other proprietary identifiers used by the Company in connection with Ultimate Producer ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on Ultimate Producer belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.

Ultimate Producer may contain links to third party's websites ("Third Party Sites"), whether such links have been suggested by the Company or shared by any Users. You hereby acknowledge that the Company has no control over such Third Party Sites, and you further acknowledge and agree that the Company is not responsible for the availability of Third-Party Sites, and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials on or available at Third-Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always a good idea to read such documents carefully.

Advertisements

The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside Ultimate Producer. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.

Availability

Ultimate Producer’s availability and functionality depend on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that Ultimate Producer will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

Changes to Ultimate Producer

The Company may change Ultimate Producer's layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on Ultimate Producer. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

Changes and/or Cancellation of user account

If you have registered directly to Ultimate Producer, you may change, edit, correct or delete any and all information included in your personal account, at any time. For the cancellation and removal of your account from Ultimate Producer and on any matters that extend the usual management of your account please contact us.

Amendments to the terms

The Company may change the Terms from time to time, including the Privacy Policy or any other policies incorporated thereto. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice. You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use Ultimate Producer after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.

Account and Service Termination

At any time, the Company may block your access to Ultimate Producer and/or temporarily or permanently limit, suspend or terminate your personal profile, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken if the Company deems that you have breached any of these Terms in any manner. Additionally, the Company may at any time, at its sole discretion, cease the operation of Ultimate Producer or the Application or any part thereof, temporarily or permanently, without giving any prior notice and without saving any back-up of any of the User's data or other user-generated content. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of Ultimate Producer’s operation and loss of any data, including user-generated content, as a result.

Cookies

We use cookies to provide our service to you and your customers. Cookies allow us to provide and operate the service (for example, remembering who you are logged in as) and for anonymous usage statistics (Google Analytics). No individual user is personally tracked or is identifiable.

Complaints

We want you to be fully satisfied with the service we provide. If for any reason you are not happy with the service we have provided then please contact us so we can do our best to address your concerns.

Disputes

In the unlikely event of any dispute which cannot be resolved by our team, you agree to using arbitration to settle any such dispute instead of litigation or court action.

Indemnity & Liability

Ultimate Producer provides its services “AS-IS”, without warranty of any kind. By signing up to, and using the Ultimate Producer service, you are agreeing to our terms of service and you also confirm that you understand the risks associated with using a cloud-based service, some of which are highlighted in these terms. Without limiting the foregoing, Ultimate Producer explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Ultimate Producer makes no warranty that the services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that Ultimate Producer is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.

You agree that you will not hold Ultimate Producer Ltd liable for claims of any kind, including, but not limited to, financial, data or any other loss incurred as a result of using our service.

You will defend, indemnify and hold harmless Ultimate Producer, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service, including any third party claims that files submitted to the Services by you or through your account infringe or violate any third party rights.

Ultimate Producer is not liable for any damage or personal injury resulting from any use of the Ultimate Producer website or Services. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Ultimate Producer. In the event Ultimate Producer is liable for damage under mandatory law, Ultimate Producer’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed one hundred euro (€100) per incident.