TERMS OF SERVICE AND AGREEMENT - REVIEWS
Download: Terms of Service PDF HERE | Pricing PDF HERE | Privacy Policy PDF HERE
Steps - short
1. Read and agree to the full versions of Terms of Service, Privacy Policy and Pricing.
2. Send an email to fabrykadigital ( at ) gmail.com with review inquiry and specify how many songs (a single, EP, full album) you wish to be reviewed and provide a link where to preview songs. We specialize in industrial rock, industrial metal and dark ambient music styles, however we may also review music such as industrial, metal, rock, hardcore, mathcore and instrumental soundtracks. No pop, rap, hip-hop, Christian, reggae, black metal, jazz or classical.
3. If we accept your music - send your payment and upload song files on a server where you will have a secure account and can access. (If we don't agree to review your music you may try again with different songs.)
4. Give us 10 business days to honestly and professionally review your music. Reviewing any piece of art is a matter of a reviewer's subjective and objective opinions.
5. You will receive the review in a text format of your choice (artwork may be included upon request) in the following available formats: .pdf, .txt, .html, .doc, .rtf.
6. Be sure to give us a feedback on social networks as well as among your friends/customers. If you are not satisfied with the review, come back to us right away and let's see what we can do about your case.
Uploading music. We accept only the digital releases (mp3; 160 or 192 or 320 kbps). You'll be given a temporary access to a secure server space to upload the songs, artwork, bio or other documentation related to your band. We guarantee none of your songs will be used in any other way than for the review purpose.
No sharing, renting, leasing, sale or any other illegal activity!
Terms of Service - short
1. We do not own copyright and other intellectual property rights in any of your Material(s) and you have not assigned or transferred any such rights other than a limited license as described in these Terms of Service.
2. We give you a non exclusive license for using the Review.
3. We do not endorse or represent any ordered Reviews.
4. The price a Customer is required to pay for Review Service does not guarantee featuring any Customer Material(s) and/or metadata in the Magazine, but it guarantees receiving a professional Review for the Customer's own handling.
5. This Service is based on electronic content and delivery only ("electronic files"). We do not handle physical products sent from and/or to Customer.
6. Art related opinions are based on the Reviewer's knowledge, objective and subjective critique, as well as human senses.
7. Fabryka Industrial Rock Magazine and Fabryka Digital are not responsible in any way without exception if someone who purchases your products are not satisfied with them or their condition, delivery methods, price, methods of payment and similar issues. Fabryka Digital and Fabryka Industrial Rock Magazine make no representation or warranties regarding the success of your products.
8. Fabryka Magazine has had an affiliation deal with CDBaby.com and we are paid a percentage of your album sale by recommending it through links provided by the Magazine.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
1. Fabryka Digital music review ("Review") service ( the "Service", "Review Service") is provided to you ("Customer", "you") under the Terms of Service listed on this website. These Terms of Service include any amendments made now or in the future as well as any further rules or policies that may be posted on the http://fabrykadigital.com website.
2. By sending a music review inquiry ("Review Order") to Fabryka Digital you agree that you have read and understood these Terms of Service and will adhere to them fully. If you do not agree with all of the Terms of Service, please do not send the Review Order as well as any digital files.
3. You acknowledge and agree that if you are a personal user, representative or a member of an organization (f.e. a band member, manager, promoter, PR personnel, radio/podcast/press employee, contributing writer/editor, etc.) the Terms of Service hereof apply to all personal users, representatives and members of such an organization, as well as the organization itself.
4. You agree and acknowledge that all time formats ("24h", "2 business days", "5 business days", "10 business days" etc.) are relative to Central European Time (+1 GMT).
II. ABOUT THE SERVICE
1. Fabryka Industrial Rock Magazine ("Magazine") is a branch of Fabryka Digital. Fabryka Industrial Rock Magazine is a bilingual (English/Polish) on-line music magazine specialized in industrial rock and industrial metal genres. We are based in Poland, Europe with worldwide access, a few paid services and free access to readers. All financial and legal management is maintained by Katarzyna Górnisiewicz Fabryka Digital - a legal business registered in Poland, Europe. Read more about the company (English version).
2. You acknowledge and agree that we require you to pay for this Review Service without exception. We offer this Service in order to help people involved in the music industry to improve their products, services and sales through expressing independent opinions.
3. The primary active reviewer ("Reviewer") is the owner of Fabryka Digital and Fabryka Industrial Rock Magazine (Katarzyna Górnisiewicz, "NINa", "Owner"). She has 10 years of experience in writing professional music reviews. NINa specializes in industrial rock, industrial metal and dark ambient music styles, however she may review songs and albums representative to other styles of independent music (like industrial, hardcore, metal, dark wave, goth and instrumental soundtracks). The testimonials about Fabryka Industrial Rock Magazine can be read at industrialrock.net
III. MODIFICATIONS OF THE SERVICE
Fabryka Industrial Rock Magazine and Fabryka Digital reserve the right to modify or discontinue either temporarily or permanently the Service with (if planned) or without (if unexpected) notice to Customer. Customer agrees that Fabryka Industrial Rock Magazine shall not be liable to the Customer or any Third-Party for any modification or discontinuation of the Service.
IV. CONDUCT
1. You must be at least 18 years old to order a music Review and maintain payment.
2. Fabryka Digital can host, display and receive payments for music Review Orders coming from the residents of the European Union as well as United States of America only due to the tax policies of Poland, Europe where the business is registered.
3. Customer agrees to abide by all laws and regulations during the Customer's use of the Service. Customer agrees to be solely responsible for the contents of Customer's digital files and all services offered by Third Parties we use to handle this Service (e-mail, domain, server and Internet providers, websites etc.)
V. MUSIC FORMATS, FILES MAINTENANCE
1. You agree and acknowledge that Fabryka Digital accepts audio, text and image digital files for reviews only. We do not accept CDs, DVDs, CD-R or any other physical products so that we do not accept nor handle shipping.
2. Required files for the Review Service purpose:
a) music - mp3, from 160 kbps to 320 kbps sound quality,
b) text; data for an invoice, lyrics, bio, links - .pdf, .doc, .txt, .rtf,
c) images - .jpg, .png,
d) videos - please do not upload videos. If you wish us to watch a video, send a link to an on-line location where the video is ready for streaming.
2. You agree and acknowledge that Fabryka Digital uses a registered Box.net account to maintain uploaded files and transfers them to a company computer for listening and review purposes only.
3. A Customer will be emailed an invitation to open a free temporary Box.net account (read more in STEPS OF PROCESSING A REVIEW ORDER, RATING AND SPECIFICATION) and get an access to a folder specified by Fabryka Digital so that the Customer can upload his/her music, bio, pictures, album artwork and all other helpful files including data necessary for an invoice (important!). Customer's single digital file size cannot extend 25MB.
4. You agree and acknowledge that no one except the Fabryka Digital Owner and Customer who uploaded his/her own files for the purpose of review have access to these files. No other Customers will have access to your files, to view, edit, copy or download any of them, fully or partly. Your access to this folder will last until we send the review to your e-mail. We agree to let you keep access to your Customer's account in case there is further cooperation related to our Services. We reserve the right to lock the access or/and delete your account anytime. You must use this account for the purpose of the Review Service only or other extended Services we may offer you now or in the future.
5. You agree and acknowledge that the digital files once reviewed will be deleted from both Box.net and Fabryka Digital computers, backup hard drives and any storage devices unless the Customer decides in writing what other purpose of the files should be (for instance: a promotional use in Fabryka Podcast, social profile players, Magazine etc.)
VI. CONTACT, ORDERING, RESTRICTIONS & REFUSALS
1. You agree and acknowledge that e-mail is the only method of contact with Fabryka Digital. Review Orders or any messages should be sent through regular email: fabrykadigital ( at ) gmail.com or through the Fabryka Digital contact form. Please always specify in the e-mail subject the matter of your message and keep correspondence in one e-mail with all previous (related to specified topic) threads included. Your e-mail will be responded during 2 business days.
2. You agree that the main contact e-mail you send to us along with your Review Order can be used to send you information related to your order as well as random news and updates about Fabryka Industrial Rock Magazine and Fabryka Digital. Your e-mail address will not be used for any other reason. Read more: Privacy Policy.
3. You agree and acknowledge that Fabryka Digital provides the Customer a review for the Customer's own management at his/her own discretion - a website, social profile, press kit, on-line store item page, auction, live show, tour information and any other business or non-paid purposes.
4. You agree and acknowledge that Fabryka Digital reserves the right to refuse reviewing Customer's music if we do not have any opinions or enough experience in reviewing your music or the music style you represent. You also agree that Fabryka Digital can refuse the Service if it is understood to us that music or any other files provided by Customer come from illegal sources and the Customer is not a respective owner of provided files and violates these Terms of Service and/or Privacy Policy.
In case of any refusals, your Review Order will be terminated and no payment will be accepted.
VII. STEPS OF PROCESSING A REVIEW ORDER, RATING AND SPECIFICATION
1. You agree and acknowledge to these steps of processing Customer's Review Order:
a) Customer must read and agree to the Review Service Terms of Service, Privacy Policy and Pricing before sending a Review Order,
b) Customer must send a review inquiry directly through our e-mail or contact form. You must specify in the message body if the review should be written for a single song, EP, full album or as deemed appropriate. Customer should describe what style of music he/she represents and send links to his/her official website or social profiles. Such an on-line location must include a music player where a Reviewer can listen (stream or download (if free) to all or at least 50% of the songs to be reviewed (not less than 5 if you have 10 songs on the album, or not less than 2 if you have 4 songs on EP, etc.) and if the songs are previews they cannot be shorter than 50% of the total length of each song.
c) Reviewer will read and listen to provided materials and decide to proceed with or decline the order based on the Reviewer's knowledge and first impressions - this process may take up to 5 business days,
d) if the Reviewer refuses to review a Customer's music, the Customer will be informed about it on his/her e-mail within 2 business days after the listening/reading process has been completed. Customer may send another inquiry to preview another set of songs or albums any time. See time frame as stated above (VII.1.c),
e) if the Reviewer accepts the music, the Customer will be sent an approval e-mail and specification as to how send an applicable sum of money according to the actual Service pricing list. The e-mail message will include a unique payment number and information about alternative use of PayPal or bank transfer as payment methods with all the necessary information provided to let you proceed with payment,
f) Fabryka Digital will send you an invoice (within 7 business days and maturity: paid) after receiving Customer's payment and will ask you to:
- choose a review text format from: .pdf, .txt, or .doc files and specify if a Reviewer should include your album artwork in the review (must be sent by Customer). Customer must confirm he/she has an access to software which can view and/or open these files,
- click a link provided in an e-mail sent by Fabryka Digital to enter a Box.net website and create a free, temporary account. Box.net is a very reliable drop site (used by serious business clients like DELL, FedEx, Google, LinkedIn, Visa) with protected access, a secure connection (https) and customizable access to folders. Customer should upload his/her relevant digital files that are necessary to proceed with your Review Order (music, text, images, album artwork, bio, lyrics, interviews, press kit etc. as well as data necessary for invoice (very important)) to the folder we invite him/her to. If you have any problems with the uploading process, please send us your question in an e-mail. We will reply your e-mail within 1 business day. Please do not send files directly on our e-mail address.
g) once we receive and download all the necessary files from Box.net to the Company computer, we will listen to the music and begin writing the review,
h) Customer will receive his/her review in 10 business days on provided e-mail which includes delivery confirmation request. If you confirm the request, we will know that you have received our Review. We do not handle shipping so you will not receive your Review by mail, on a CD, SD card, flash drive etc.,
i) all Customer's files related to the Review Order will be deleted from Box.net and Fabryka Digital storage device(s) when a Customer's Review Order has been completed and/or confirmed by him/her in writing (e-mail, 'delivered' or 'read' statuses),
j) Customers can order another music Review at any time.
k) If you find our review satisfying, you are also welcome to leave feedback and recommendations about our Review Service on your and/or our social networks (like LinkedIn, Myspace, Facebook, Twitter etc.) or just send us an email to express your opinions. We may or may not use them for the purpose of our Testimonials.
l) If we find your music matches our Magazine, which is based on the owner Fabryka Industrial Rock Magazines sole discretion, this Review will be published.
m) If you are not satisfied with our review, you are welcome to inform us on e-mail which parts of the Review you find unsatisfactory and directly explain the matter of issue, listing recommended changes. If we agree with your point of view, we may change parts of the Review that your complaints apply to, for free and within 5 business days since we receive your complaint. However, Fabryka Digital reserves the right to disagree with your point of view and in that case we will not offer any changes. In both cases, we do not offer any refunds.
2. Full album review text ranges between 300-600 words on average (about a single letter size/A4 page). Single song review is usually shorter (150-290 words). We use only 11 pt Arial, Verdana and Trebuchet MS fonts for easy text formatting (and in case - default replacement), readable in Windows, Mac OS and Linux systems. If the Customer chooses .txt file, he/she agrees that it is not formatted and the way it is displayed on a Customer's computer or in print depends on the settings of the Customer's computer and/or applications.
3. You agree and acknowledge that Fabryka Digital uses a 4 star rating system for an honest review of your music:
a) ++++ excellent for unique, genuine arrangements, stunning moods, skilled performance, high quality mastering and production, intelligent or though provoking lyrics, original and matching ideas,
b) +++ good for content which varies between 'excellent' and 'sufficient', when a vast majority of the songs positively draw the attention of the listener thanks to good arrangements, high quality mastering and production, harmonies, interesting lyrics, Customer's own sound solutions and even an interesting way of utilizing musical standards,
c) ++ sufficient for music which should be worked out better, where a majority of songs do not present any greater moods, based on well known musical standards, stealing too many ideas /copying/, with ordinary compositions, low mastering, mixing and production levels, however one or two songs are made on a more than 'sufficient' level thanks to unique but understandable arrangements, or if the Customer marks his/her own 'sound' by composition and/or performance of music.
d) + poor due to bad composition, arrangements, performance, mastering, mixing, production, commonly used samples, mere content, a lack of good ideas. We would rather refuse to review your music than rate it so low!
4. Without regard to the rating, every review can contain encouragement to improve upon segments of music we find substandard. Reviews may contain opinions about the album artwork, band pictures, website appearance and performance, promotional activity, merch items, videos, live shows and anything related to the music and represented by the Customer.
When it comes to mastering quality – in case we describe it as "poor", we do not accept Customer complaints about the expensive costs of hiring a professional mastering studio, because there are many free tutorials on the Internet or cheap/used books in stores of how to mix and master music in the correct way.
VIII. COMPLYING WITH COPYRIGHTS, LICENCING
1. Customer acknowledges and agrees that he/she must be the respective owner of all digital files (sound, movies, photography, artworks and any applicable for an upload) when sending them to Fabryka Digital and uploading on Box.net for the Review purpose.
2. The Review writing process includes music transmission in the location where the review process is happening, but it does not involve public broadcasting, sale, rent or lease.
3. The Company does not own copyrights or other intellectual property rights in regards to any Customer Material(s) and Customers have not assigned or transferred any such rights other than a limited license agreement as described in these Terms of Service. The limited license granted to registered users by these Terms of Service shall in no way be deemed to grant Third Parties any right or license to any Customer Material(s) (defined below), including but not limited to musical compositions and/or sound recordings, sound samples, text (incl. lyrics), excerpts, photographs, logos, logotypes and artworks provided by Customer except as otherwise specifically set forth herein, unless otherwise owned by such a Third Party or licensed by such a Third Party pursuant to a valid agreement or under valid copyright laws.
4. License to Customers
a) Fabryka Digital grants Customers the non-exclusive, fully-paid, royalty-free, worldwide limited right and license to copy, display, and post the Review or parts (excerpts) thereof in his/her press kit, press release, on-line store, auction listing, printed materials (posters, flyers, books), live show or tour announcements, on label copy, on his/her own website and social network profiles, and as he/she otherwise wishes to promote the Customer's music supported by an ordered Review,
b) Customers acknowledge and agree not to modify, adapt, alter or otherwise edit the Review text written by Fabryka Digital and/or found in Fabryka Industrial Rock Magazine,
c) Customers acknowledge and agree that every single Review ordered must be credited to "NINa (Fabryka Digital)" exclusively and cannot be renamed or omitted. Such Reviews shall be credited to "NINa (Fabryka Industrial Rock Magazine)" only if they were not written based on the Customer's Review Order, but other material occasionally found by him/her in the Magazine. However, if Customer would like to use a review or a segment found in The Magazine, but not written exclusively for him/her based on a single Review Order, then he/she agrees that they must ask the Fabryka Industrial Rock Magazine Owner (through direct e-mail a contact form available on www.industralrock.net) for permission to use this text or any excerpt and explain for what purpose(s). Additional fees may apply,
d) Customers acknowledge and agree that if a Review, regardless if it was ordered from Fabryka Digital or found on Fabryka Industrial Rock Magazine, is translated by the Customer or Third Parties or applicable translation software into another language other than English (Polish when applicable), these Review(s):
- must not be credited to "NINa (Fabryka Digital)" and/or "NINa (Fabryka Industrial Rock Magazine)",
- shall have a credit notation with the translating author's name or software name used for translation purposes and,
- shall contain a link to the original version of the Review.
5. License to Fabryka Digital
a) by submitting any content and material to Fabryka Digital and/or Fabryka Industrial Rock Magazine with a use of Box.net and/or a direct Company e-mail, including but not limited to music and/or sound recordings, photos, bios, reviews, press kits, excerpts of your published material(s), reviews, interviews, quotations, or any Customer information etc., (individually and collectively "Customer Material(s)"), the Customer hereby grants to Fabryka Digital, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees the non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, worldwide right and license to:
(i) applies to text and images only:
- use, publicly display, modify (for purposes of formatting and administration only), reproduce, publish, adapt, distribute and translate Customer Material(s) submitted to Fabryka Digital with a use of Box.net and/or direct Company e-mail; and/or to otherwise make available such Customer Material(s), for use within the Company and Magazine websites, e-books, online selling platforms (press markets) //to sell a review in its original version or translate into Polish to another magazine, including non-exclusive license as an adapted and derivative work created by Fanryka Digital, whether now known or as may hereafter be developed solely in connection with other Services offered by Fabryka Digital and/or Fabryka Industrial Rock Magazine or as otherwise agreed herein,
- distribute, create compilations and derivative works, and publicly display and perform such content in any medium whether now known or hereafter created, so that other public or private readers may see information about a Customer's work as an example for this Service or other services offered by Fabryka Digital or Fabryka Industrial Rock Magazine in the past, present or planned for the future;
- use the names (Band Name, Artist Name, Album Name, Song Name, etc.), biography, artwork, logo, logotypes, official pictures and likeness of the Customer, and/or other persons performing services in connection with and/or in the name of the Customer, for the purposes of trade in connection with promotion, advertising, other paid Services, and exploitation of the Magazine and/or Fabryka Digital. Customer's private or financial data will be never used: read more - Privacy Policy.
(ii) applies to music and video content only:
- use of Customer Material(s) submitted to Fabryka Digital with the use of Box.net and/or direct Company e-mail; and/or to otherwise make available such Customer Material(s), for the purpose of the Review Service whether now known or as may hereafter be developed solely in connection with other Services offered by Fabryka Digital and/or Fabryka Industrial Rock Magazine or as otherwise agreed herein,
(iii) applies to text, images, music and video contents:
- store Customer's digital files on Box.net servers until the Customer's temporary folder(s) with all provided digital content related to the Review Order and/or account(s) are deleted from the server upon the discretion of the Fabryka Digital Owner's sole decision and/or Customer upon written request,
- store one (1) back-up copy on the Fabryka Digital storage device at the present Company location, protected and secure according to the Service Privacy Policy,
- use Customer's Material(s) and metadata as may be reasonably necessary or desirable for Fabryka Digital and/or Fabryka Industrial Rock Magazine to exercise rights under this Agreement,
b) Customer hereby releases Fabryka Digital, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees, from any and all liability arising out of or in connection with any publicity material, biographical information, pictures, photos, artworks, logos, logotypes, trademarks, musical composition, sound recordings, sound samples or videos submitted to Fabryka Digital by Customer or on his/her behalf, including but not limited to any claims of copyright infringement,
c) Fabryka Digital and/or Fabryka Industrial Rock Magazine may use any part of the above stated text, images, music and video contents, however Fabryka Digital and/or Fabryka Industrial Rock Magazine reserve(s) the right to not use any part of all or any Customer Material(s).
IX. PUBLISHING, ADVERTISING, PROMOTION, NO GUARANTEE
1. Fabryka Industrial Rock Magazine is specialized in Industrial Rock and Industrial Metal music styles only. It is the sole decision of the Fabryka Industrial Rock Magazine Owner whether or not an ordered Review will be published, promoted or advertised on the Magazine website and/or any related to it locations, whether on-line or physical. The price Customer is required to pay for the Review Service does not guarantee we will feature any of the Customers Material(s) and/or metadata in the Magazine, but it guarantees receiving a professional Review for the Customer's own handling.
2. You acknowledge and agree that we require you to pay for this service. If we agree to host your review in Fabryka Industrial Rock Magazine, you acknowledge the Magazine may receive thousands of unique visitors monthly (1500-2000/month on average), but there are no guarantees that your review will be seen, read or responded to by anyone.
X. RETURN POLICY, COMPLAINTS
1. You agree and acknowledge that this Service is based on electronic content and delivery only ("electronic files"). We do not handle physical products sent from and/or to Customer. The Service does not offer a return policy.
2. You agree and acknowledge that art related opinions are based on Reviewer's knowledge, objective and subjective critique, as well as human senses.
3. You agree and acknowledge that all complaints regarding review Service should be expressed in plain English (or Polish by the residents of Poland) directly explaining Customer's concern(s), what part of the review the complaint applies to (quotation of this part of the review(s) is necessary to be sent on Fabryka Digital e-mail and contain the Customer's expectations about changing any part(s) of a review. We reserve the right to refuse any complaint including making any changes unless we agree with Customer's opinion(s).
4. You agree and understand that Fabryka Industrial Rock Magazine and Fabryka Digital do not represent nor endorse any product or service a Customer offers online. Therefore you agree that Fabryka Industrial Rock Magazine and Fabryka Digital are not responsible in any way without exception if someone who purchases your item(s) are not satisfied with them or their condition, delivery methods, price, methods of payment and similar issues. Fabryka Digital and Fabryka Industrial Rock Magazine make no representation or warranties regarding the success of the Customer or the acceptance by the music industry or music-specific resources of the Customers' works.
XI. CANCELLATION & TERMINATION
1. Fabryka Digital requires a Customer to pay as soon as the Company accepts the Customer's music for Review and before the Customer provides any digital content and receives a Review.
2. Except as otherwise provided in the Review Order, the Review Order cannot be cancelled by the Customer. If a Customer cancels the Review Order, in whole or in part, the Customer agrees to pay the full amount detailed in the Review Order and/or any additional early cancellation charges if applicable.
3. Customer agrees that Fabryka Digital may at their discretion terminate a Customer's Review Order and/or use of the Service if Fabryka Digital believes that:
a) Customer has violated or acted inconsistently with this Terms of Service, or that
b) Customer has violated the rights of Fabryka Industrial Rock Magazine and/or Fabryka Digital and/or other Third Parties.
4. Customer acknowledges and agrees that any termination of Service under these Terms of Service and under any provision of these Terms of Service may be effected without prior notice within 24 hours from the time termination occurs. Customer also acknowledges and agrees that Fabryka Digital and Fabryka Industrial Rock Magazine may immediately delete any Reviews or materials associated with the Customer when hosted on the Magazine and/or the Company website.
5. In case of termination of Review Order based on a violation of these Terms of Service, the Customer will be informed about it in an e-mail sent on the provided address within 24 hours of termination and no previously sent payment will be returned to the Customer.
XII. THIRD PARTIES, ADVERTISERS
1. Fabryka Industrial Rock Magazine is advertiser supported. In keeping with the format of our web pages, we reserve the right to place advertisements, although we do not guarantee we will do so.
2. Fabryka Magazine has had an affiliation deal with CDBaby.com since 2010. If Customer sells his/her music on CDBaby.com then he/she agrees "/from/fabryka" will be added to the end of the link when his/her Review will be advertised on our random social networks or in case it is hosted on Fabryka Industrial Rock Magazine. This means that if a Customer's CD or download sells on CDBaby he/she will make a profit according to the guidelines set forth in the contract with CDBaby.com. In the instance that a Customer sells his/her product(s) on CDBaby through any links or promotion provided by Fabryka Industrial Rock Magazine, CDBaby will pay a small percentage to Fabryka Industrial Rock Magazine per item sold that was recommended through links provided by the Magazine. This does not affect the Customer's pay rate from album sales through CDBaby, this is an incentive program for advertisers whom have a separate contract with CDBaby. This is according to CDBaby.com affiliation program Terms and Conditions.
3. Third Party Services: The Company and Magazine may use Third Parties to provide certain Services accessible through the websites. The Company and Magazine do not control these Third Parties or their services, and the Customer agrees that the Company and Magazine will not be liable to the Customer in any way for the Customer's use of such services. These Third Parties may have their own Terms of Conditions and other Policies. Customers must comply with such Terms and Policies as well as these Terms of Service when he/she uses these Services. If any such Terms or Policies conflict with the Company or Magazine's Terms of Service, Agreements or Policies, the Customer must comply with the Company or Magazine's Terms of Service, Agreements or Policies, as applicable.
4. Your participation, correspondence or business dealings with any Third Party found on or through the websites and/or services, regarding the payment and delivery of related goods or services, publicity, reviews, and any other Terms, Conditions, Warranties or Representations associated with such dealings, are solely between you and such Third Party. You agree that Company and Magazine shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
5. Fabryka Digital and Fabryka Industrial Rock Magazine may use these Third Parties and their Terms of Service, Privacy Policies can be found at:
a) Google Mail,
b) Box.net:
- Terms,
- Privacy,
c) CD Baby affiliation program,
d) Darknation.eu (free hosting): admin ( at ) darknation.eu
XIII. PRICING, PAYMENT, INVOICING AND INTERNATIONAL TAX
1. Current fees for our Services are displayed at pricing page. The Company reserves the right to change its fees or to institute new fees at any time. Changes do not affect Orders which are being processed.
2. Customer agrees that Fabryka Digital accepts payment sent in American Dollars, Euro and Polish Zloty through:
- PayPal,
- bank transfer (to Poland, Europe).
3. Customer will be sent a message (from the Company official e-mail address) which will contain a unique code as well as payment method options with all necessary data so that the Customer can proceed with the payment. Customer must include his/her unique code in the title of the payment!
4. According to the Polish-American Convention For the Avoidance of Double Taxation and The Prevention of Fiscal Evasion With Respect To Taxes On Income (1974), the Company pays taxes in its country only.
5. The Company upon request will deliver a signed Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding (W-8BEN document) with a use of Internet to the Customers residing in The United States of America only.
6. Sending you an invoice is a necessary requirement of Polish law, even though you may claim you do not need any payment confirmation. A signed invoice written in English (or Polish for the residents of Poland) will be sent to a Customer's e-mail after receiving his/her payment and before the Review writing process begins. When making a Review Order, you agree to send data outlined below to the Fabryka Digital Owner's e-mail (fabrykadigital ( at ) gmail.com) which is required for the invoice:
- name and last name or company name,
- street address,
- zip code,
- city,
- country,
- contact e-mail address.
Your private data will never be sent, rented, leased or sold to any Third Parties. Read more in our Privacy Policy.
XIV. RELATED SERVICES
1. Fabryka Digital offers paid Services related to Reviews like text translation (from English into Polish), Review and/or the release of on-line promotion , banner ad hosting, classified ads, design (posters, flyers, business cards, Facebook tab designs, Twitter and YouTube profile backgrounds etc.) Pricing, Terms of Service and Privacy Policies are different for each Service. The Customer needs to comply with each Agreement when requesting any of the extended Services offered by Fabryka Digital. The Company reserves the right to offer or refuse these Services to their Customers.
XV. DISCLAIMER, INDEMNITY AND WARRANTIES
1. Fabryka Industrial Rock Magazine and Fabryka Digital disclaim any warranties expressed or implied on goods or services listed on the Service. Customers assume all the risk or liability that arises from their Review Order and Customer Material(s) sent by the Customer to Fabryka Digital.
2. Fabryka Industrial Rock Magazine and Fabryka Digital are not liable for the accuracy of the information contained in the Service, or the contents of any advertisements, or for the claims or omissions therein. The Services shall not be liable for any Third-Party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
3. Fabryka Industrial Rock Magazine and Fabryka Digital make no warranty that the Services will meet Customer requirements, that the services will be uninterrupted, timely, secure, or error free; nor does Fabryka Industrial Rock Magazine or Fabryka Digital make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Fabryka Industrial Rock Magazine and Fabryka Digital Services or software will be corrected.
4. Without limiting the foregoing, Fabryka Industrial Rock Magazine and Fabryka Digital shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, Fabryka Industrial Rock Magazine and/or Fabryka Digital server or domain malfunctions, Third Party service malfunctions, Internet provider service malfunctions, or any other condition affecting production or delivery in any manner beyond the control of Fabryka Industrial Rock Magazine and Fabryka Digital. Customer acknowledges that Fabryka Industrial Rock Magazine and Fabryka Digital have entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
Customer agrees to indemnify and hold Fabryka Industrial Rock Magazine and Fabryka Digital from any claims, including attorney fees, made by any third party, due to or arising out of use of the Service, Customer's connection to the Service, or Customer's violation of this agreement.
5. This Agreement sets forth the entire agreement between Fabryka Industrial Rock Magazine, Fabryka Digital and the Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with Terms of Service of any other prior writing between the Parties. If any provision of this Agreement is held to be invalid or deemed unenforceable by a court of competent jurisdiction, then the remaining provision shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without Fabryka Industrial Rock Magazine and Fabryka Digital prior written consent.
6. This Agreement shall be governed by the laws of Poland and respective international laws and all claims concerning this Agreement shall be brought exclusively in the courts of Poland. By their use of this Fabryka Digital, Fabryka Industrial Rock Magazine, the Parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or alternative venue defenses concerning the said claims.
7. This Agreement may be amended only by a writing executed by a duly authorized representative of each party. Customer shall make no public announcement regarding the existence or content of the Review Order without Fabryka Industrial Rock Magazine and Fabryka Digital prior written approval, which approval shall not be unreasonably withheld.
Any dispute hereunder will be negotiated in good faith between the parties within 45 days commencing upon written notice from one party to the other. Any notices under this Agreement shall be sent to the addresses set forth in the Review Order (or in a separate writing) by any nationally recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
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