Voice Of Gaia - Francesca Genco Premier Edition
INCLUDED LIBRARY PRODUCT
By purchasing the Premier Edition of Voice Of Gaia: Francesca Genco, the Customer agrees to the following terms. The Customer will receive download access to the Voice Of Gaia – Francesca Genco library (the “Library”) with their purchase and understands that he/she has been granted a standard end user license to own and use the Library and remains bound by the terms of the End User Licensing Agreement included with that Library. All sounds, content, programming and other Soundiron intellectual property contained in the Library shall remain the copyrights of Soundiron LLC, and shall be deemed separate to any material recorded by Francesca Genco ("Francesca") during the included 1 hour recording session that shall be performed on behalf of the Customer.
SCHEDULING
Once the Customer’s order has been processed and verified by Soundiron, Francesca Genco shall contact the Customer within 1 week to arrange the date and time of the Recording Session and discuss the material to be recorded and creative and technical details related to the Recording Session. Once the Recording Session date and time have been scheduled by Customer and Francesca, the order may not be cancelled or refunded, unless Francesca is unable to complete the Recording Session and deliver the Recordings within 45 days. Recording Sessions are scheduled in the order received and cannot be prioritized to meet time-sensitive project deadlines that Customer may have. In the event the Recording Session date and time must be rescheduled by the singer, the Customer will be notified to plan new scheduling arrangements.
PREPARATION
The Customer is responsible for the acquisition and use of any necessary software, hardware, phone and network service to allow a reliable remote voice or video connection to the Recording Session. The available teleconferencing options shall be methods such as Skype, Google Hangouts, Facetime or Telephone. The Customer will provide all necessary written musical notation, example recordings, technical and creative notes and verbal direction requested by Francesca to prepare for the Recording Session. All such information and direction must be delivered by Customer to Francesca no later than 7 days before the scheduled Recording Session date and time. Examples of preferred reference material are instrumental/work mixes of the music to be performed along with, guide tracks for melody lines, sheet music or midi tracks, contact information and technical requirements for audio delivery (sample rate, bit depth, preferred mic type, etc). Any English language translation services must be provided by the Customer.
The Customer understands that Francesca’s voice naturally falls within the mezzo-soprano and alto female vocal range and that vocal performances are physically challenging, and shall have a reasonable expectation of how much vocal content can be performed in one hour time period. Some session time my be used for necessary discussion, direction, breathing, preparation and rests between takes, as reasonably required by Francesca to provide the best performance possible.
TELECONFERENCE
The live recording session teleconference is an optional service offered to the Customer as part of the Recording Session. Francesca will provide video or voice connection access information for the Teleconference, via Skype, Google Hangouts, Facetime or by telephone. In the event that the Customer is unable to or does not wish to attend all or part of the Recording Session Teleconference, Francesca will independently complete the Recording Session to the best of our ability in the manner that she feels is creatively and musically consistent with the Customer's provided instructions.
RECORDING SESSION
Francesca will provide her own studio facilities and engineering staff to conduct the Recording Session at the scheduled date and time and will provide connection information to allow phone or video telepresence by the Customer if desired. The Recording Session time will be limited to one (1) hour. Any further recording time for revisions or additional content that Customer may wish to record can be scheduled directly with Francesca. An addition recording session that Francesca and the Customer agree upon will be deemed wholly separate from this Agreement, for which Soundiron shall have no involvement with, liability for, or interest in. The Customer understands that all vocal performances shall be done to the best of Francesca's ability, but that due to the subjective natural of music and vocal musicianship, the Customer's satisfaction can not be guaranteed. Furthermore, customer also understands that Francesca has a specific vocal style, pitch range and vocal tone that may not be desirable for all musical applications. It is the Customer’s responsibility to insure that the material they wish to have Francesca perform is appropriate for her natural style and ability. Furthermore, Customer understands that the Recordings will not sound identical to the Library by Soundiron, due to differences in production processes and techniques that may be used to produce the Recording Session.
In the event that the Customer is unsatisfied with any aspect of Francesca’s performance or audio recording quality within the Recordings, Soundiron shall have sole authority to evaluate the Recordings and have sole authority to make a binding determination as to the sufficiency of quality of all content recorded therein and what, if any, corrective efforts may be required by Francesca on behalf of the Customer. In the event that Soundiron determines that the Recordings are insufficient in quality or quantity of usable content, Soundiron may request that Francesca provide an additional make-up Recording Session. In the event that Soundiron determines that the Recordings are sufficient in its opinion, the Recordings will be deemed suitable and obligations pertaining to this Agreement shall be considered fully completed.
DELIVERY OF RECORDINGS
After completion of the Recording Session, Francesca will upload the Recordings to a private FTP within 1 week. The Customer is responsible for having a suitable network data connection and hard disk space to allow them to fully download the Recordings. No additional editing, pitch-correction, mixing, mastering, programming, technical advice or other post-production services shall be offered by Francesca or Soundiron with the Recordings.
RELEASE OF LIABILITY
The Customer shall bear sole liability and responsibility for all content produced during the Recording Session and any use thereof. Customer hereby agrees to release, discharge, hold harmless and indemnify Frencesca Genco, Soundiron and their Agents, Representatives, Contractors, Heirs and Assigns from any and all damages, liabilities, costs, expenses, claims, and/or judgments of any kind or nature whatsoever arising from the Agreement, or Recording Session or any use of sound or video recordings or other data produced thereby at any time or for any purpose thereafter. This includes, but is not limited to any claims based on the performance, use of any studio facilities or staff, data security, transmission or delivery, sale, broadcast, licensing, intellectual property disputes, copyright violation, invasion of privacy, right of publicity, libel, defamation, or false light by Customer or any other entity. The Customer acknowledges and agrees that this Release is binding on the Customer, their heirs, legal representatives, and assigns. This Agreement shall not imply or confer any endorsement for, knowledge of, or approval any content created by Customer using the Recordings. Francesca reserves the right to refuse service to anyone for any reason and may refuse to perform any material that she considers morally or ethically offensive in content, purpose or intent.
COPYRIGHT OWNERSHIP
The Recordings shall be created as a Work Made For Hire for the Customer by Francesca. Upon final FTP delivery of the completed Recordings, the Customer shall be granted full copyright ownership of the Recordings and thereby granted all rights to use, reuse, edit, exhibit, license, distribute, and/or otherwise exploit the Recordings. The Recordings may be used by Customer for any lawful purpose whatsoever and in all forms of media now known or unknown, including, but not limited to, musical sample software, commercial recordings, soundtracks and other audio content for film, television, multimedia and radio productions and broadcasts, advertisements and other marketing materials. The Customer is not required to publish performance credits for any use of the Recordings. However, Customer may not falsely attribute any vocal performance by Francesca to any other person, nor falsely attribute any performance by another party to Francesca. Any such intentionally false attribution shall be deemed a Breach of this Agreement by Customer.
TERMINATION
In the case of Breach of this Agreement by Customer, Soundiron shall have the right to immediately revoke the Customer’s right to use, transmit or possess any audio or derivative content produced with data from the Recording Session in any way whatsoever. Furthermore, in any such event, the Customer’s right to use or convey Francesca’s name or voice in any way whatsoever shall also be prohibited. The customer shall not be entitled to receive any refund or credit of their Original Order. The Customer shall be deemed to be in Breach of this Agreement if:
- A charge-back or non-payment is issued by the Customer’s bank or any financial institution used in the Original Order transaction, due to a claim of fraud, insufficient funds or any other reason; or,
- In the event that Francesca considers any conduct or statements made by the Customer to be inappropriate, harassing, disrespectful or otherwise offensive to Francesca in any communication prior to, during or at any time after the Recording Session; or,
- If during the Recording Session, any specific lyrics or text requested by the Customer are considered by Francesca to be morally, legally or ethically inappropriate in content, purpose or intent and Customer is unwilling or unable to provide more suitable lyrics or text.
The Customer acknowledges that in the event that the Recordings are not completed or Delivered by Francesca within the time frame allowed, for any reason other than a Breach of this Agreement by Customer, the Library portion of the purchase price is not eligible for refund. No refunds of any kind can be provided in the event of a Breach of this Agreement by Customer.