Terms Of Use

Terms Of Use For Noise Creators

NOISE CREATORS SERVICES TERMS OF USE

The following terms of use (hereafter, the “Terms”) govern all uses by you of our Platforms (as hereafter defined). By accessing and using any of the Platforms (or by otherwise signifying your acceptance of these terms in any way), you represent and warrant that you accept these Terms and agree to be bound by all terms and conditions below.

As used herein, “you” (and all uses of the second-person) means the individual(s) or entity(ies) accessing the Platforms. As used herein, “us” (and all uses of the third-person plural) or “Noise Creators” means Noise Creators, LLC, an Illinois limited liability corporation, with principal place of business at 770 Pearson St., Unit 310, Des Plaines, IL 60016.

SERVICES – Through the Noise Creators website, www.noisecreators.com (the “Website”) and its sub-pages, sub-domains, and affiliated websites and web or mobile applications, as applicable (collectively, the “Platforms”), Noise Creators provides a digital platform through which third parties, including, without limitation, artists, record labels, studios, and audio professionals (hereafter the “Third Party Purchasers”) may locate, secure, and book engagements (hereinafter the “Engagements”) for the production of “master recordings” or “sound recordings” by audio production professionals (including, without limitation, music producers, engineers, mixers, masterers, and remixers [collectively, the “Audio Professionals”]). Our role in the facilitation of Engagements is as a passive provider of a digital platform utilized by Third Party Purchasers and Audio Professionals; we are not engaged in any way in the occupation of seeking or procuring employment opportunities or engagements of any kind on your behalf in respect of Audio Professionals, and we are not to be considered (and you may not consider us to be) “employment agents,” “employment agencies,” “talent agents,” or “talent agencies” (collectively “Agents”) under any applicable laws; you acknowledge that we are not covered by the laws and regulations applicable to Agents under New York, California, or any other state law. For information regarding use and functionality of Platforms, please refer to our “how to” guide available at the end of these Terms (all definitions and descriptions contained therein are hereby incorporated into these Terms). These Terms will be read in conjunction with any other agreements entered into by you and us in connection with your use of the Platforms, provided that these Terms will control in the event of a conflict between these Terms and any such agreement. Notwithstanding the foregoing, in the event of any conflict between these Terms and any existing “Noise Creators Services Agreement” (a “Services Agreement”) between you and us, the Services Agreement will control. You acknowledge that you may not, and will not, use the Platforms for any purposes other than described hereinabove.

ELECTRONIC COMMUNICATIONS – When you use any Platforms, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, so-called “push notices,” or by posting messages and updates on the Website or through the Platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNTS – If you use any Platforms, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your own computer or other device, and you agree to accept responsibility for all activities that occur under your account or from your IP address (as applicable). If you are under 18, you may use the Platforms only with involvement of a parent or guardian. Noise Creators reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion

PROPERTIES – All content included in or made available through the Platforms, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Noise Creators or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Platforms is our exclusive property and is protected by U.S. and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platforms are trademarks or trade dress of Noise Creators in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in the Platforms are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

LICENSE AND ACCESS – Subject to your compliance with these Terms and your payment of any applicable fees, Noise Creators (or its licensed content providers, as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platforms. This license does not include any resale or commercial use of any Platforms, or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Platforms or their contents; any downloading, copying, or other use of account information for the benefit of any third party; any reverse-engineering of any of the software, inventions, or functionality of the Platforms; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Services Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Platforms, nor any part of any Platforms, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Noise Creators without our express written consent. You may not use any “meta tags” or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Platforms. You may use the Platforms only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms or any Services Agreement (or any other agreement between you and us).

RISK OF LOSS – All Engagements booked through the Platforms are made pursuant to agreements entered by and between the Third Party Purchaser and Audio Professional only and not between either such party and us nor between you and us. Any and all redress sought by you regarding any sums believed by you to be owed to you from third parties in connection with your use of the Platforms (including, without limitation, in connection with Engagements hereunder), and any and all disputes of any kind between you and any Third Party Purchasers or Audio Professionals, will be resolved by and between you and such third parties (or between you and our payment processor, PayPal Holdings, Inc. [“PayPal”], as applicable). For clarification, we will under no circumstances issue to you any refunds or returns for Engagements that you deem incomplete, unsatisfactory, or unacceptable for any reason; all such transactions must be handled and settled by PayPal or the third party with whom the Engagement was booked. If for any reason we receive any money from you, we make no warrantees whatsoever regarding the handling thereof; you shall not send us any money directly and doing so will be entirely at your own risk.

THIRD-PARTY CONTENT – We will attempt to ensure that public profiles of any third parties (including, without limitation, Third Party Purchasers and Audio Professionals) within the Platforms provide accurate prices, rates, and cost estimates, and biographical and contact information; however, we do not warrant that any such information or other third-party content within the Platforms is accurate, complete, reliable, current, or error-free, and if any such information is later determined to be inaccurate, your sole remedy will be with that third party and not with us. You expressly waive any claims against us pertaining thereto. Furthermore, we may provide links to websites or services of unaffiliated companies and third-party businesses (the “Other Businesses”); we are not responsible for examining or evaluating, and we do not warrant the offerings of, any Other Businesses, the content of their statements or proprietary web sites and materials, or the quality of their services. We do not assume any responsibility or liability whatsoever for the actions, products, and content of any offerings by Third Party Purchasers, Audio Professionals, or Other Businesses hereunder. You should carefully review their respective statements and terms and conditions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – THE PLATFORMS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS OR OTHERWISE BY NOISE CREATORS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORMS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APLATFORMS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORMS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, OUR INTERNET SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PLATFORMS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APLPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MODIFICATION – We have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the Platforms, including by redesigning, modifying, removing, or restricting access to any of them and at time. We may make changes, amendments, or alterations (collectively, “Changes”) to any of the terms and conditions of these Terms at any time. All Changes will be effective upon the posting of such Changes on or to any Platforms or upon our notice to you of such Changes (including via email to the address provided by you during registration), whichever is later, and you are responsible for reviewing all such Changes. Your continued use of any Platforms after our posting or notice to you of any Changes to these Terms will constitute your full and knowing acceptance of all such Changes.

INTERPRETATION – This agreement (and the Terms) shall be deemed to have been made in the State of Illinois and its validity, construction, performance and breach will be governed by the laws of the State of Illinois applicable to agreements made and to be wholly performed therein, without regard to conflict of law principals. Proper venue for all disputes arising from these Terms, whether in state or federal courts, shall be in the City of Chicago in the State of Illinois. These Terms (together with any Service Agreement entered by you with us) represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements and understandings between you and us. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

ARBITRATION – You consent that you may only seek to resolve disputes with us or with our affiliates, and any claims relating in any way to these Terms or your use of the Platforms and any resulting Engagements, exclusively by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court if your claims qualify and (ii) you may bring suit to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our attorney, Pierson//Wells, 3408 Wisconsin Ave., Saint Louis, MO 63118. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The prevailing party in any arbitration may seek attorneys' fees and costs within the arbitrator’s discretion. We may choose to have the arbitration conducted by telephone, based on written submissions, or in person in an approved venue above. You each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you hereby waive your right to a jury trial.


EXHIBIT: SAMPLE “HOW TO” GUIDE (taken from the producer booking page)

To book this producer you need to put down a deposit of x% for your job which is paid using our checkout system below. The remaining balance will be paid on the day of your session directly to the producer.

A deposit is to ensure that this busy producer is paid. If you back out of your time, deposits are non­refundable and it is up to the producer’s discretion if you need to reschedule whether you will need to submit a second deposit for the time you need to reschedule. If the producer cancels on you for an emergency, your deposit will be refunded by that producer.

Once you put down your deposit the producer reads the details of your project and decides whether to accept it or not. The producer has 72 hours to make a decision.

If the producer accepts your project, you will be put in touch with them to finalize a time frame and you’ll receive welcome notes that include everything you’ll need to get ready for your session.

If the producer does not accept your project for whatever reason, your deposit will be refunded immediately and Noise Creators will reach out with suggestions for other producers based on the project information you submitted.

In order to receive rough mixes, session files, mixes or masters your balance must be up to date with your producer. All payments for the producer are outlined in your confirmation email.

Balance payments can be paid with cash (if the session is attended), credit or debit card. If you wish to pay by check it must be a certified cashiers check.

Recording A Song Start To Finish
This option is an all inclusive price for Producing, Recording, Mixing and Mastering. You get a finished song ready to be uploaded to any site on the Internet or pressed onto any format.

This producer offers a discount of x% if you book more than one song.

Not included in this fee are the price of instrument setups, strings, drumheads etc. Please consult your producer as to what they will want you to bring before your session.

This producer does not offer lodging and you will need to book a hotel (if needed) which they can recommend.

How Long I Recommend Booking To Record A Record (UNMIXED AND UNMASTERED)
(1.5 ­ 2 Days per track)
1 Song ­ 2 Days
2 Songs ­ 3 Days
3 Songs ­ 5 Days
4 Songs ­ 6 Days
5 Songs ­ 8 Days
6 Songs ­ 9 Days
7 Songs ­ 11 Days
8 Songs ­ 12 Days
9 Songs ­ 14 Days
10 Songs ­ 15 Days
11 Songs ­ 17 Days
12 Songs ­ 18 Days
13 Songs ­ 20 Days
14 Songs ­ 21 Days
15 Songs ­ 23 Days


By Day Recording
This option is to hire a producer by the day for your project. This can be great to work with them on a select part of your record (drum or vocal tracking) or to attend a mixing session for your record.

Not included in this fee are the price of instrument setups, strings, drumheads etc. Please consult your producer as to what they will want you to bring before your session.
This Producer generally recommends a standard rock band book the following amount of time to record. If you plan on doing extra instruments (keyboards, programming, lots of vocals, strings, horns, etc.) please be sure to book adequate time for the project.

How Long I Recommend Booking To Record A Record (UNMIXED AND UNMASTERED)
(1.5 ­ 2 Days per track)
1 Song ­ 2 Days
2 Songs ­ 3 Days
3 Songs ­ 5 Days
4 Songs ­ 6 Days
5 Songs ­ 8 Days
6 Songs ­ 9 Days
7 Songs ­ 11 Days
8 Songs ­ 12 Days
9 Songs ­ 14 Days
10 Songs ­ 15 Days
11 Songs ­ 17 Days

12 Songs ­ 18 Days
13 Songs ­ 20 Days
14 Songs ­ 21 Days
15 Songs ­ 23 Days

To Mix A Record This Producer Recommends You Book This Much Time To Mix A Song: 1 Song ­ 1 Day
2 Songs ­ 1 Day
3 Songs ­ 2 Days
4 Songs ­ 2 Days
5 Songs ­ 3 Days
6 Songs ­ 3 Days
7 Songs ­ 4 Days
8 Songs ­ 4 Days
9 Songs ­ 5 Days
10 Songs ­ 5 Days
11 Songs ­ 6 Days
12 Songs ­ 6 Days
13 Songs ­ 7 Days
14 Songs ­ 7 Days
15 Songs ­ 8 Days

The producer doesn’t guarantee you will get the amount of work you wish to in this time. Being prepared for the studio and rehearsing your songs thoroughly will ensure you complete your music in the time you have booked.

Mixing
Book a producer to mix your music by the song. You will receive a mixed song ready to be mastered or a mastered song depending on what options you choose.

Please be sure to download our guide to prepping your song for mixing and give it to whoever is handling the engineering duties for your record.

If you are unsure how to prepare your mixes or need help, please contact us and we can get you an engineer to take care of the job for you at an affordable rate.

If you wish to attend your session you need to book the producer at their day rate.

Mastering
Book a producer to mix your music by the song. You will receive a mastered song ready to be released on all digital outlets.

Please be sure to download our guide to prepping your song for mastering and give it to whoever is handling the engineering duties for your record.

MP3s are not acceptable unless they are the only format you can get.

If you wish to attend your session you need to book the producer at their day rate.