TimbresAndTones Terms of Service

Last Update: June 2018
Welcome to TimbresAndTones.com. TimbresAndTones.com is a musical marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the TimbresAndTones website, including any content, functionality and services offered on or through www.timbresandtones.com (the “Site”), by TimbresAndTones Ltd.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the TimbresAndTones services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

 

Key Terms

“Products” are the services in the form digital media downloads offered on TimbresAndTones.

“Artists” are sellers are users who offer and perform services through Products on TimbresAndTones.com

“Buyers” are users who purchase services on TimbresAndTones.com.

“Product Page” is where the seller can describe their Product and the Products terms and specifications, and the buyer can purchase the Product, creating an order.

“Product Bundles” are products offered as containing multiple individual products by an Artist or a number of different Artists.

“Orders” are the formal agreement between a buyer and TimbresAndTones after a purchase was made from the Artist’s Product Page.

“Disputes” are disagreements experienced during an order between a Buyer and Artist on TimbresAndTones.com

“Commissions Revenue” is the money Artists earn from completed orders made by Buyers transacted through the site.

 

Overview (Main terms, in a nutshell)

Only registered users may buy and sell on TimbresAndTones.com. Registration is free.

Buyers register for the purposes and intent of purchasing products from the TimbresAndTones.com site

Artists register for the purposes and intent of selling products on the TimbresAndTones.com site

Buyers pay TimbresAndTones.com at the time of purchase to create an order.

Orders are purchased through the Order button found on a Artist’s Product page.

For fees and payments please read the Purchasing section here.

Artists Product pages contain the automated download links supplied to the Buyer electronically to receive their goods by digital download.

Artists may not offer or accept payments using any method other than placing an order through TimbresAndTones.com.

Buyers are granted all “Commercial Use” rights for the delivered work, unless otherwise specified by the seller on their Artist’s Product page. TimbresAndTones.com retains the right to use all published delivered works for site marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

 

Artist Sellers

Basics Definitions

Artists create Products on TimbresAndTones.com to allow Buyers to purchase their services using a Product submission page.

These products are issued for review by TimbresAndTones prior to publish on the site

Each order you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.

TimbresAndTones accredits Artists once an order is completed. See our “Orders” section below for a definition of a completed order.

Artists agree to adhere to our Artist Code of Ethics in addition to this Terms of Service

If an order is subsequently cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.

Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.

Artists may promote their Products or any TimbresAndTones content via other digital marketing platforms such as AdWords, Twitter or Facebook.

Artists may withdraw their revenues using one ofTimbresAndTones’ withdrawal options.

For security concerns, TimbresAndTones may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, potential fraud issues arising from fraud algorithms, improper behavior reported by Buyers, or associating multiple TimbresAndTones accounts to a single withdrawal provider.

Artists are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Artists represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.

The Product price shown on the Product page is exclusive of all such taxes and charges that may apply to the Sellers. TimbresAndTones require that VAT on electronically supplied media is charged to the Buyer in accordance with EU and international trade laws

Products

Artists are allowed to post a select amount of active Gigs based on their Level status.

Products created on TimbresAndTones.com are User Generated Content.

Products may be removed by TimbresAndTones for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate or obscene Obscene content such as language or images
  • Intentional copies of Products
  • Spam, Nonsense, or products that may be deemed to damage the brand and attractiveness of TimbresAndTones platform
  • Products misleading to Buyers
  • Reselling of regulated goods
  • Products that are removed for violations mentioned above, may result in the suspension of the seller’s account.
  • Products that are removed for violations are not eligible to be restored or edited.
  • Products may be removed from our Search feature due to poor performance and/or user misconduct.
  • Products may include pre-approved website URLs contained within the product description and requirements box.
  • Products containing websites promoting content, which violates TimbresAndTones’ Terms of Service, will be removed.
  • Products are required to have an appropriate and quality Product image related to the service offered. An option to upload additional images are available to all Artists.
  • Product Pages may contain an approved Product Video uploaded through the Product management tools available on TimbresAndTones.com
  • Statements on the Product Page that undermine or circumvent these Terms of Service is prohibited.

Withdrawing Revenues

TimbresAndTones.com will supply once per month the earned commissions allowing Artists to withdraw revenues.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Withdrawal fees vary depending on the withdrawal method.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Reviews and Buyer Feedback

Feedback reviews provided by Buyers while completing an order are an essential part of TimbresAndTones’s rating system. Reviews demonstrate the buyer’s overall experience with the Artists and their products. Buyers are encouraged to communicate to the Artist any concerns experienced during their active order in regards to the service provided by the seller.

Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the TimbresAndTones platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the TimbresAndTones platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers may be publicly displayed on a Artists’s Product page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.

Withholding the delivery of services, files, or information required to complete the Products’s service with the intent to gain favorable reviews or additional services is prohibited.

Responding and posting a review: Once work is delivered and received by the Buyer, the Buyer may respond and post a review If no response is provided within a 14 day response period, the order will be considered completed.

Users are allowed to leave reviews on orders at any time after an order is marked as complete.

Artists may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.