Terms of Use

These Terms of Use ("Terms") cover your use and access to the services, client software and websites ("Services") provided by MASTERLIZER LTD. Our Privacy Policy explains how we collect and use your data.

 

  • By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy policies. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement.
  • If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.
  • MASTERLIZER offers you a service (Software as a service) which allows you to modify your existing creative material. By using our platform you are acknowledging that your "content," is your own intellectual property and not the intellectual property of another person or entity. This material is not claimed by MASTERLIZER, and the intellectual property and copyright of your works remain yours when using our service.
  • You may not copy, upload or share content that is not your intellectual property. Should you violate someone else’s copyright or intellectual property rights when using our service, MASTERLIZER is not liable for any damages incurred by you for such violations, and by using our platform you give us the right to terminate or suspend your account for violations.
  • By using our service you accept that MASTERLIZER will be hosting, sharing, and modifying your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and all our trusted 3rd parties we work with to back up and store/share your work with you.
  • Using our platform requires the use of personal email verification or authentication to maintain privacy for your account.
  • By using the platform you agree to use it as an individual, with your own intellectual property, and not as an institution or group of individuals operating through a single account.
  • If at any time we feel your account does not abide by the Privacy Policy and Terms of Use, or threatens the confidentiality or intellectual property rights of other persons and/or entities we reserve the right to terminate your account and/or remove other content you have contributed to the platform. Termination can also result if your activity or account subjects us to legal liability, hampers the service for other users or negatively impacts other users.

1. MODIFICATION AND TERMINATION OF THE SITE

MASTERLIZER is constantly improving the application. Accordingly, MASTERLIZER reserves the right to make changes to its site at any time. We also reserve the right to stop or terminate the site altogether. If we stop or terminate the service, we will give you advance notice.

2. DISCLAIMER OF WARRANTIES

MASTERLIZER's services, including without limitation our website, applications, plugins, social media pages, all services provided through or by our website or other apps, and all information, materials, product, content, and other services included on or otherwise made available to you by MASTERLIZER are provided "as is".

3. IDEMNIFICATION

By using our service you agree to defend, indemnify, and hold harmless MASTERLIZER and its subsidiaries, employees, related parties, advertisers, directors, advisors, shareholders, officers and affiliates (collectively, "Affiliated Parties") against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from your use of the site, a violation by you of these Terms of Use or other policies, and/or any intellectual property infringement or violation made by you or your account on the site.

4. THIRD PARTY DISCLAIMER

By using our platform you understand that the material and opinions shared by third party sources on our platform are not representative of MASTERLIZER and its affiliates. This third party content then does not represent MASTERLIZER nor does it reflect our opinions. Any third party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us.

5. UNLAWFUL PRACTICES

If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit.

6. APPLICABLE LAW

By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the United Kingdom, without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute of any kind that has arisen or may arise between you and MASTERLIZER.

7. SEVERABILITY

If any of the above Terms of Use are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.

8. GENERAL

No aspect of this agreement constitutes a partnership or joint venture of any kind between you and MASTERLIZER, its subsidiaries, employees, 3rd parties, directors, advisors, shareholders, officers and/or affiliates.

9. INDIVIDUAL ACCOUNT USE AND DECLARATION

Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.

10. SUBSCRIPTION OFFERINGS

The MASTERLIZER platform provides annual and monthly billing plans for user accounts. Depending on the subscription plan purchased MASTERLIZER will bill a user's credit card or PayPal Account either annually or monthly. In the case of a failed transaction or if the payment is not made within a reasonable timeframe MASTERLIZER is entitled to prohibit access to your account, and thus prevent access to MASTERLIZER and your MASTERLIZER audio(s). You will have ten (10) days after receiving notice that your account payment has not been made to complete the payment in question, after which if the transaction has not been rectified MASTERLIZER is eligible to downgrade your account to pay as you go, reduce/remove cloud storage and access to other features reserved for paid plans.

11. STANDARD AND PREMIUM PLANS

MASTERLIZER offers you the option of increasing your account privileges for a fee. By doing so, your account will be converted to a Premium Account and will not be subject to some of the restrictions placed on Free Accounts.

MASTERLIZER accepts credit cards and upcoming PayPal Payments and will automatically charge your credit card or PayPal account for monthly or yearly, depending upon which Premium Account you select.

12. PAY AS YOU GO PURCHASES

The charges for your pay per use transaction will occur immediately for each specific transaction you select. In the event of your selected payment method not being able to process the aforementioned transactions for your purchase you acknowledge that you are liable and responsible for the uncollected monies.

13. FREE ACCOUNTS

Your MASTERLIZER membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.

To view the premium account pricing and end date of your free trial period, visit our website and click the "Pricing" link on the page.

14. PAYMENT METHOD CHANGES AND UPDATES

In the event that your PayPal or credit card information changes it is your responsibility to update the information into your MASTERLIZER account. MASTERLIZER is not liable for any transactions which fail or cannot be processed by our payment processing entity, either through insufficient funds available on or within your payment method or in any other scenario. In such a case your transaction will fail and an error message will appear. MASTERLIZER reserves the right to freeze or suspend your account in such a scenario, and additionally we reserve the right to contact you in an attempt to provide proper and updated payment information for your account. In the event of an account suspension you are still liable for the charges and purchases made within our platform.

15. BILLING CYCLES

The fees for your Premium Account will be billed from the date you elect, or convert to, a Premium Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your "Account" page to see the commencement date for your next renewal period. MASTERLIZER will automatically bill your credit card or upcoming PayPal account each month or year on the calendar day corresponding to the commencement of your Premium Account.

For example, if your Monthly Unlimited Account began on October 10, November 10 is the next time your credit card or PayPal account would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

Should you elect to upgrade or downgrade your Premium Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service. For example, if you begin your monthly-billed Limited Account on October 15, your next payment would be due on November 15. On October 20, you upgrade your Premium Account to an Unlimited Monthly Plan and pay the new amount associated with the upgraded Premium Account you have selected.

16. ACCOUNT CANCELLATION

Your Premium Account will be charged or billed until you decide to cancel it or we cancel it for you. To avoid being billed for a future year or month with your payment method you must cancel or downgrade your account before the renewal occurs. When your account is purchased or upgraded MASTERLIZER will bill you for the monthly or yearly fees associated with your Free or Premium plan.

Annual Premium accounts are billed immediately and are not refundable. In the case of a cancellation or downgrade of a premium or standard plan no refund will be issued for partial years or partial months. You may cancel your Free or Premium account at any time however, and the cancellation will be instant. This can be done in the "Account," page accessible within our site's menu. If such a cancellation occurs you will not be reimbursed for previously charged monthly or annual transactions.

By Signing up or upgrading to a Free or Premium plan and entering payment information for your account you are agreeing to these Terms of Use.

17. REMOVAL OF INACTIVE ACCOUNTS

For pay as you go accounts MASTERLIZER reserves the right to terminate the account if the user has not logged in within one hundred twenty (120) days. This can be done without warning or advanced notice, and in such a scenario all audio files and other aspects of the Account will be terminated.

Last Update: October 3, 2016

Privacy Policy

This Application collects some Personal Data from its Users.

Data Controller and Owner

MASTERLIZER LTD. - Kemp House 152 City Road
EC1V 2NX London, UK

info@masterlizer.com

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, are: Cookie and Usage data.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

The Personal Data may be freely provided by the User, or collected automatically when using this Application.

Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.


Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.


How we use your information

We use the information that we collect about you for the following purposes:

Use of and interaction with the Platform:

  • To operate and maintain your MASTERLIZER account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time. Your email address and password are used to identify you when you log into the Platform.
  • To identify you as the creator of the sounds that you upload, the comments that you post and/or the other contributions that you make to the Platform.
  • To seek your participation in surveys, and to conduct and analyse the results of those surveys if you choose to participate.
  • To provide you with technical support.
  • To respond to you about any comment or enquiry you have submitted.
  • To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law.
  • Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them by signing up on our website) newsletters, marketing messages and certain email notifications.

The Use of the Collected Data

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Access to third party services' accounts and Interaction with external social networks and platforms.


The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Access to third party services' accounts

These services allow this Application to access Data from your account on a third party service and perform actions with it.

These services are not activated automatically, but require explicit authorization by the User.


Access to the Facebook account (This Application)

This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook Inc.

Permissions asked: Email.

Place of processing : USA - Privacy Policy

Interaction with external social networks and platforms

These services allow interaction with social networks or other external platforms directly from the pages of this Application.

The interaction and information obtained by this Application are always subject to the User's privacy settings for each social network.

If a service enabling interaction with social networks is installed it may still collect traffic data for the pages where the service is installed, even when Users do not use it.


Facebook, Twitter, Google Plus, YouTube, SoundCloud and Instagram buttons and social widgets

Facebook, Twitter, Google Plus, YouTube, SoundCloud and Instagram buttons and social widgets are services allowing interaction with the respective social network provided by each respective social network.

Personal Data collected: Cookie and Usage data.

Place of processing : USA


Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.


This Application does not support "Do Not Track" requests.

To determine whether any of the third party services it uses honor the "Do Not Track" requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Information about this privacy policy

The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Iubenda and hosted on Iubenda's servers.

Definitions and legal references

Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject

The legal or natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and h5 use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application

The hardware or software tool by which the Personal Data of the User is collected.

Cookie

Small piece of data stored in the User's device.

Payment

Stripe Inc. and all its subsidiaries and affiliates, including but not limited to Stripe Payments Europe Ltd (“SPEL” and, collectively with Stripe, Inc. and its other affiliates, “Stripe”, “we”, “our” or “us”) expects its employees, including those of its subsidiaries worldwide and third parties with whom Stripe does business, to maintain the highest standards of ethics and compliance with applicable laws and rules. Stripe is committed to the highest standards of privacy and data protection compliance and expects all its employees and management to adhere to these standards. More Information: https://stripe.com/at/privacy

Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy relates solely to this Application.




Latest update: October 3, 2016

MASTERLIZER Imprint

Last updated October 3, 2016

 

Headquarter UNITED KINGDOM

MASTERLIZER Ltd.

Kemp House, 152 City Road

EC1V 2NX, London, United Kingdom

Company No: 09274671

info@masterlizer.com

 

Place of jurisdiction: United Kingdom

 

Concept and implementation of the website

MASTERLIZER Ltd.

Executive Director: Lukáš Foral

+420 511 188 819

 

Kemp House, 152 City Road

EC1V 2NX, London, United Kingdom

Company No: 09274671

www.masterlizer.com

 

Liability for content

The content of our website was created with the greatest of care. However, we cannot guarantee that this content is correct, complete or up to date. Pursuant to §7 par. 1 of TMG (German Telemedia Act), we, as service provider, are responsible under the general laws for our own content on this website. However, according to §§ 8 to 10 of TMG, we, as service provider, are not obligated to monitor any third-party information transmitted or stored on our website or to investigate circumstances indicating an illegal activity. This does not affect the obligations under the general laws to remove or block the use of information. However, liability in this respect is only possible from the time we become aware of an actual infringement of law. Once we become aware of such legal violations, we shall remove the respective contents immediately.

Liability for links

Our service includes links to external websites but we have no influence over their content. Therefore, we cannot accept responsibility for these third-party contents. In each case, it is the respective provider or operator of the linked websites who is responsible for their contents. The linked websites were checked for any legal irregularities at the time the link was established and no illegal contents were recognisable at that point in time. However, continuous monitoring of the contents of the linked pages cannot be reasonably expected unless there are concrete reasons for suspecting legal violations. Once we are aware of illegal content, we shall remove the respective links immediately.

Copyright

The contents and works created by the page operators on these pages are subject to German copyright law. The duplication, editing, dissemination and all kinds of utilisation beyond the constraints of copyright law require written approval by the respective author or creator. Downloads and copies of these pages are only for private and not for commercial use. Insofar as the contents on this website were not created by the operator, third-party copyrights are respected. In particular, third-party contents will be marked as such. Should you nevertheless notice a copyright infringement, please inform us accordingly. Once we become aware of violations of rights, we shall remove the respective contents immediately.

Data protection

It is not possible to use our website without providing personal data. Insofar as we collect personal data via this website (for example, name, address or e-mail addresses). Your personal data will not be shared with third parties without your express permission. We wish to remind you that there are inherent security risks in transmitting data (for example, email communication) via the Internet. It is not possible to ensure that data is completely protected against unauthorised access by third parties.

Privacy policy statement regarding the use of Facebook plugins (Like button, sign up and sign in)

Plugins from the Facebook social network, 1601 South California Avenue, Palo Alto, CA 94304, USA, are integrated on our website. You can identify the Facebook plugins by the Facebook logo or the "Like" button on our website. For an overview of Facebook plugins, please visit: developers.facebook.com/docs/plugins/. Whenever you visit our website, a direct connection is established via the plugin between your web browser and the Facebook server. Facebook is then notified that your IP address has visited our website. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link our web content with your Facebook profile. This enables Facebook to verify your visit to our web pages on your user account. As the website provider, we wish to point out that we have no knowledge of the content of the transferred data and of how Facebook uses it. For more information about this, please refer to the Facebook privacy statement at en-us.facebook.com/policy.php. If you do not want Facebook to be able to assign your visit to our website to your Facebook user account, please log out of your Facebook user account.

Privacy policy statement regarding the use of Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", namely text files that are saved on your computer and make it possible to analyse your use of the website. The information generated by the cookie about your use of this website (including your IP address) is generally transferred to a Google server in the USA, where it is saved. Google will process this data to evaluate your use of this website, compile reports about this website's activity on behalf of the website operators and render other services connected with website and Internet use. Google will also forward this data, if applicable, to third parties, insofar as this is legally required or if these third parties use the supplied data on behalf of Google. Under no circumstances will Google use your IP address in connection with other data supplied by Google Inc.

You can prevent the storage of cookies by choosing the relevant settings for your browser software; however, we should like to point out that, in this case, you might not be able to use the functionality of this website to its fullest extent. Furthermore, you can prevent the capturing of data generated by the cookie referring to your utilisation of the website (incl. your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the available browser plugin using the following link: tools.google.com/dlpage/gaoptout.