This website is the property of and is operated by Abyond Music and Publishing SRL trading as Last-Take Studio. 

 

  1. ACCEPTANCE OF TERMS:

1.1 Access and Acceptance: Your access to and use of this Website and the services referred to in Section 2 below is subject to these terms and conditions. By accessing and or using the Website and or Services you signify that you have read the following terms and conditions and accept and agree to be bound by them. Where applicable under law, these terms and conditions constitute a writing signed by you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST CEASE USING THE WEBSITE/ SERVICES. 

1.2 Right to Amend Terms: We reserve the right at our sole discretion to change, modify, add or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the website or services.

 

  1. THE SERVICES: 

2.1 The Website offers mixing and mastering services, music production and consulting.

 

  1. USE OF THE WEBSITE AND SERVICES: 

3.1 You are solely responsible for any audio files, data, text and information submitted by you. 

3.2 You agree not to 

(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; 

(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually-oriented, threatening, invasive of anyone’s privacy, or violates any law; 

(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others; 

(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary rights of any party or infringes any intellectual property law or other applicable law; 

(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services; 

(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service; 

(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; 

(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services; 

(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services; 

(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work. 

3.3 You further agree, represent and warrant that:

(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to Last-Take Studio by any other agreement or obligation; 

(b) all information and details you provide are accurate, complete and current; 

(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services. In addition, you acknowledge that by using this Website and/or the Services, you are not submitting Materials for the purpose of consideration by any music label associated with or affiliated with Last-Take Studio and your Materials will not be reviewed for purposes of submission to any label.

 

  1. PRICING, TAXES AND COMMENCEMENT OF SERVICES: 

4.1 Pricing: The prices set out on the website exclude VAT. We will charge you VAT at the prevailing Italian rate in the event that you do not supply a valid EU VAT number. You agree to pay all charges, including postage, shipping and handling charges at the prices in effect when such charges are incurred. You are solely responsible for paying any applicable taxes relating to your purchases. 

4.2 Payment: Payments hereunder to Last-Take Studio must be by bank transfer or PayPal. 4.3 Commencement of Services: Last-Take Studio does not provide any refunds subsequent to work commencing on mastering, mixing and production projects. 

4.4 Revisions: Last-Take Studio will provide two (2) sets of revisions free of charge to downloaded Materials upon written request.

 

  1. PRIVACY:

5.1 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. Please refer to our privacy policy.

 

  1. ARCHIVING:

6.1 Last-Take Studio makes no representation or warranty that it shall retain any Materials once the requested work has been completed and the relevant Materials downloaded by you and therefore cannot be held responsible for any partial or complete loss of any Materials. Without prejudice to the foregoing, you give Last-Take Studio permission to retain and/or archive copies of Materials for a period of up to three (3) months following the download of the relevant completed Materials by you.

 

  1. EQUIPMENT:

7.1 Without limiting any provision herein, we make no warranty that any particular computer, portable device or other hardware will be compatible with the Website Products and Services. It is your sole responsibility to ensure that your playback system(s) will function correctly.

 

  1. EXCLUSION OF WARRANTIES:

8.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE WEBSITE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.

 

  1. LIMITATION OF LIABILITY:

9.1 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. 

​​9.2 Notwithstanding any other provision of this Agreement, you and Last-Take studio hereby agree that the maximum aggregate liability of Last-Take Studio to you for any claims arising from or related to the Services whether in contract, tort or otherwise, shall be limited to an amount equal to the respective fee paid by you. 

 

  1. TERMINATION:

10.1 We have the right to terminate your access to any or all of the Website/Services at any time.

 

  1. VOID WHERE PROHIBITED:

11.1 Although this website is accessible worldwide, not all Products or Services discussed or referenced on this website are available to all persons or in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Product or Service made on this Website is void where prohibited.

 

  1. INDEMNIFICATION:

12.1 You remain solely responsible for the Materials and you agree to indemnify, defend and hold harmless Last-Take Studio and Abyond Music and Publishing SRL their parents, affiliates, officers, directors, employees and agents from and against all claims, judgments, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from any violation or alleged violation by you of this Agreement, including, but not limited to your transmission of the Materials and Last-Take Studio’s use of Materials in connection with the Services and as set forth herein. Last-Take Studio reserves the right to assume and control the exclusive defence of any matter subject to indemnification by you.

 

  1. MISCELLANEOUS PROVISIONS:

17.1 This Agreement and claims directly or indirectly arising out of this Agreement shall be governed by and construed in accordance with the laws of Italy and each party consents to the exclusive jurisdiction of the Italian Courts for the adjudication of any disputes arising out of or related to this Agreement. 

17.2 If any provision or term of this Agreement, not being of a fundamental nature, is held to be invalid, illegal or unenforceable: 

(a) the validity, legality and enforceability of the remainder of this Agreement shall not be affected;  

(b) with respect to a particular jurisdiction, the applicable provision shall not be affected in any other jurisdiction. Each provision of this Agreement is hereby declared to be separate, severable and distinct. 

17.3 This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties with respect to the subject matter of this Agreement are expressly cancelled. 

17.4 There is no joint venture, partnership, agency or fiduciary relationship existing between the parties, and the parties do not intend to create any such relationship by this Agreement. 

17.5 Nothing in this Agreement is intended to give nor gives any person (whether natural or legal) who is not a party to it, any rights under the Contracts (Rights of Third Parties). 

17.6 Last-Take Studio will not be held responsible for any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights. 

17.7 Last-Take Studio reserves the right to modify or cease operations of the Services at any time without notice.