Melody Nest, LLC– Terms of Service ("Agreement")
Please review our Terms of Service thoroughly and completely before conducting business with melodynest.com, which is owned and operated by Melody Nest, LLC, a Delaware limited liability company (“Melody Nest”). This agreement documents the legally binding terms and conditions attached to the use of the site at melodynest.com
Melody Nest functions as a platform for graphic designers, musicians, music producers, audio engineers, and more, to provide digitally created custom logos, album artwork, pre-made cover art, vocal recordings, instrument recordings, song recordings, music productions, audio engineering work, sound design, sound editing, and other design, producing, editing and recording services to help musicians build their music projects.
By using, accessing, viewing, browsing, or creating an account with the Melody Nest website, you accept, acknowledge and agree to be bound by these Terms of Service. Your usage of this site is at your own risk and is your responsibility. If you do not agree with the Terms of Service, please discontinue using the website immediately.
Melody Nest is only available to users over the age of 13 years old. If you are under the age of 13 years old, you may not use the website.
If you have any questions or concerns, please feel free to reach out via our Contact us page.
- Sellers: Registered and verified users selling their services, including but not limited to, artwork, fonts, cover art, logos, designs, music samples, vocal recordings, instrument recordings, song recordings, music productions, audio engineering work, sound design and sound editing on melodynest.com (the “Seller Services”).
- Buyers: Registered users that are purchasing Seller Services on melodynest.com.
- Once a buyer purchases a graphic design service, such buyer owns 100% of the rights to the design to such Seller Service.
- Once a buyer purchases a recording, or audio engineering service, such buyer owns 100% of the rights to the sound, unless otherwise specified by the Seller Service.
- Buyers are responsible for adhering to the terms and services put in place by the applicable seller.
- Melody Nest does not guarantee and is not liable for any unauthorized copying, use, or distribution of Seller Services.
- All text on cover art will be replaced with the buyer’s song and/or artist name, unless otherwise specified by buyer.
- Buyers are responsible for creating, establishing, and agreeing upon a set delivery date with the seller, either before, concurrently with, or after purchase is made.
- Melody Nest partners with Paypal for all purposes of collecting payments for all transactions. Any transactions made using Paypal’s services are governed by Paypal’s Terms of Service.
- Once a buyer makes a purchase, we securely hold onto said payment and release the funds to the seller once the transaction is completed.
- Sellers shall upload logos and pre-made cover art titled with the text “Artist Name” and/or “Song Name”.
- All pre-made cover art content must be titled with the font, “Artist Name” and/or “Song Name”.
- All sound files must be sent in high quality .wav format, unless otherwise specified by the buyer.
- As a seller, you must own 100% of the rights of the artwork, graphics, recordings, samples, audio edits, and all sound files, and designs you choose to upload.
- You hereby represent and warrant that upon uploading any Seller Services to the Melody Nest platform, you own 100% of the intellectual property rights in such Seller Services. It is the seller’s responsibility to be certain that what is being sold follows these requirements. Furthermore, you hereby represent and warrant that the use of the Seller Services as set forth in these terms of services does not and will not infringe or misappropriate the intellectual property, moral or other rights of any person or entity or contain any libelous, defamatory, or obscene material or content that violates these terms of service. Melody Nest is not responsible for determining whether any Seller Services infringe upon or misappropriate the intellectual property, moral or other rights of any person or entity.
- You retain all copyrights and other intellectual property rights in and to your own Seller Services, until such Seller Services are sold to a buyer (at which point, all rights transfer to such buyer). You do, however, hereby grant Melody Nest a non-exclusive, royalty-free, freely sublicensable, perpetual license to publicly display and otherwise use or exploit (including for profit) such Seller Services, and all intellectual property, moral and other rights therein, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant Melody Nest the right, but not the obligation, to use the Seller Services you upload to Melody Nest, your name, stage name, likeness, and/or photograph in connection with any use of the Seller Services permitted by the previous sentence and/or to advertise and promote the Melody Nest and our products and services.
- All Seller Services must be priced either at or above the set minimum price of $15.00.
- Sellers are responsible for reminding buyers to “mark as complete” to indicate that said job is completed–otherwise, payment may be delayed.
- Within three days of a job being marked as “complete” by the buyer, Melody Nest shall pay such seller:
- 80% of the sale total if the final price of such Seller Services is between $15-$99.99;
- 85% of the sale total if the final price of such Seller Services is between $100-$199.99; or
- 90% of the sale total if the final price of such Seller Services is over $200.
- Once a buyer specifies a delivery deadline, the product must be delivered before, or on this day—otherwise, said buyer has access to a refund.
- Within three days of delivering an order to a buyer, you have five days to close out, or we shall close out the order for you.
- No seller may sell an identical produced recording or design twice, as all rights and ownership transfers to the buyer upon their purchase of such design.
- Nothing in this Agreement or otherwise shall be construed as creating an employment relationship, an agency relationship or other fiduciary relationship between Melody Nest and any user of melodynest.com.
User Conduct & Protection
- You may not solicit payment from buyers, or offer to send or send payments to sellers, on any platform other than the Melody Nest payment system.
- Melody Nest is not responsible for any business, communication, or transactions of any kind that are conducted from outside our platform.
- To make sure that both parties are protected, requesting email addresses, home addresses, Facebook information, Instagram information, Twitter information, telephone numbers, or attempting to communicate with another Melody Nest user on any other social media website or other platform for means of communication outside of melodynest.com is prohibited. We do this for the protection of privacy and transactions for both parties, and Melody Nest is not responsible for any business, transactions, or communication conducted outside the website.
- Each Seller goes through a process of validation, but we do not guarantee buyer satisfaction for every purchase. Buyers should make sure that they have thoroughly reviewed any agreed plans or final designs before approving the work.
- Abusive, violent, rude, pornographic, inappropriate, threatening, or any form of inappropriate behavior is not tolerated and may lead to termination of your account.
- Melody Nest does not discriminate. Responsible individuals of all genders, races, sexual orientations, religious affiliations, and diverse backgrounds are welcome. Any individual found to have discriminated against others may have their account terminated.
- Melody Nest does not guarantee an order timeline for any product. It is the buyer’s responsibility to communicate with the seller to determine an appropriate timeline.
- Since the majority of what Melody Nest sells is digital, we only offer refunds if there was a problem with the payment transaction, if the seller does not send you their work, or if the specified delivery date is not met.
- Once a buyer downloads any files sent by the seller, any rights to a refund are forfeited.
- Please Contact us if you feel that you are entitled to a refund.
- Melodynest.com and all of its original content, including but not limited to the software, artwork, graphics, logos, photographs, sound files, recordings, samples, sound editing, graphics, and any other elements of melodynest.com, including the layout, look and feel, and organization of melodynest.com, are the sole property of Melody Nest, and are, as such, fully protected by the appropriate federal, state, local and international copyright, trademark, and other intellectual property rights laws. Without the prior written consent of Melody Nest, none of the content of melodynest.com may be transmitted, distributed, altered, reverse engineered, sold, or reproduced for any purpose. All goodwill generated from the use of Melody Nest intellectual property inures to the benefit of Melody Nest.
- Buyers and sellers registered with accounts on melodynest.com are granted a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to access and use melodynest.com content in order to buy or sell, as applicable, Seller Services. This license is subject to such users’ strict compliance with the terms and provisions of this Agreement. Users found to have violated or breached these terms of service may have their accounts terminated permanently. Melody Nest can terminate this license at any time, without prior notice.
- Melody Nest holds and reserves the right to terminate your access to the site, for any reason or without any advance notice, whether you are a buyer or seller.
- Adult Services & Pornography – Melody Nest prohibits any and all exchanges of sexual services and pornographic materials.
- Crude & Inappropriate Language – Melody Nest is built to be a friendly and efficient work space. Any and all coarse and vulgar language is prohibited.
- Phishing – All fraudulent conduct of contacting users to reveal any private or sensitive information is prohibited.
- Spam – All irrelevant and inappropriate information or messages sent on the website is prohibited.
Links to Other Websites
- In the event any user links to other websites, Melody Nest is not responsible for the content or practices of any and all third party sites or services found on the website. These third party sites or services are not owned nor controlled by Melody Nest, and we advise all users to take proper precaution as all repercussions are the user’s responsibility.
- This Agreement and the transactions contemplated hereby are governed by, and construed in accordance with, the state and federal laws of the state of California, United States, without regard to the choice of law or conflicts of law provisions thereof.
Changes to This Agreement
- Melody Nest holds and reserves the right to modify, at any time, for any reason, these Terms of Service. If we proceed to make changes to the Terms of Service, we will notify all users by posting on the main page.
- If you proceed to visit, use and/or make changes to Melody Nest as a visitor, registered buyer or seller, this Agreement constitutes your formal acceptance and compliance of any newly updated Terms of Service. If you wish to not agree to any and all future changes, we strongly advise you to discontinue using melodynest.com immediately, as such continued use will violate the Agreement.
- No waiver by Melody Nest of any of the provisions of this Agreement is effective unless explicitly set forth in writing by Melody Nest. No failure to exercise or delay in exercising, any right, remedy, power, or privilege, arising from this Agreement may be construed as a waiver thereof.
- You and Melody Nest each agree that any and all disputes or claims that have arisen or may arise between you and Melody Nest (including any disputes or claims between you and another user) that relate in any way to or arise out of this Agreement, your use of or access to melodynest.com, the actions or omissions of Melody Nest or its agents (the “Disputes”) shall be resolved exclusively by a state or federal court located in Alameda County, California. You and Melody Nest agree to submit to the personal jurisdiction of the courts located in Alameda County, California for the purpose of litigating all such claims or disputes. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY, IN ORDER TO ACHIEVE THE BEST COMBINATION OF THE JUDICIAL SYSTEM AND OF ARBITRATION. EACH OF THE PARTIES TO THIS AGREEMENT UNDERSTANDS THEY ARE WAIVING A CONSTITUTIONAL RIGHT AND HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVES, RELINQUISHES AND FOREVER FORGOES THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE.
Limitation on Liability
- Neither Melody Nest nor any of its officers, directors, partners, members, employees, shareholders, agents, accountants, advisors, employees, representatives and affiliates (each a “Related Party” and, collectively, the “Related Parties”) shall be liable to you or your successors, assigns or affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of any services contemplated by this Agreement, including, but not limited to, Seller Services, unless such loss, liability, damage or expense shall be proven to result directly from the willful misconduct or bad faith of such person by a court of competent jurisdiction in a non-appealable decision. In no event will Melody Nest or any of its Related Parties be liable to you for special, indirect, punitive or consequential damages, including, without limitation, loss of profits or lost business, even if Melody Nest has been advised of the possibility of such damages. Under no circumstances will the liability of Melody Nest to any person exceed, in the aggregate, the amount of fees actually paid to Melody Nest by such person.
If you have any questions about this Agreement, please feel free to contact us at firstname.lastname@example.org.