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Terms & Conditions

MELODREAM STUDIOS – TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OF MELODREAM STUDIOS. BY ACCESSING OR USING OUR WEBSITE, ORDERING OUR SERVICES, OR OTHERWISE ENGAGING WITH MELODREAM STUDIOS (“MELODREAM STUDIOS,” “COMPANY,” “WE,” “US,” OR “OUR”), YOU (“CLIENT,” “YOU,” OR “YOUR”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO ALL OR ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SERVICES.

ACCEPTANCE OF TERMS

By accessing or using our services, products or the website of Melodream Studios (www.melodreamstudios.com) (the “Website”) and/or by placing an order for services from Melodream Studios (“Melodream Studios,” “Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (these “Terms”). These Terms constitute a legally binding agreement between you and Melodream Studios. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “Client,” “you,” or “your” shall refer to such entity.

SERVICE DESCRIPTION

Melodream Studios offers personalized, custom songwriting, music composition, song production, and related services (“Services”). These include but are not limited to:

  • Personalized Songwriting and Compositions
  • Custom music composition and song production
  • Event and occasion-based songs
  • Revisions and Modifications
  • Voiceovers and Spoken Word
  • Licensing, distribution, and royalty services
  • Add-on and Upsell services
  • Other related services as specified in our service offerings.  

PRICING, PAYMENT, AND REFUND POLICY

  • Pricing: The pricing for the Services will be based on the scope, complexity, length of the work, and revision, modification, customization level and will be agreed upon prior to the commencement of the work.
  • Payment: Full payment for our service(s) are due upfront before work commences, unless otherwise expressly agreed in writing. Payments are accepted via bank transfer, credit/debit cards, UPI payments, digital wallets, or other accepted payment methods.
  • Refund Policy: All payments are non-refundable. You understand and agree that, once payment is made, no refund will be issued under any circumstances. Please refer to our Refund Policy for further details.

REVISIONS, TIMELINES AND DELIVERY

  • Revisions: Your service package includes a pre-specified number of revisions (minor modification). Any revisions requested beyond this limit will incur additional charges at our standard rates.

Revision (minor modifications) means small changes, whether to add or subtract some words or letters in the song only. Otherwise, a change of context, a change in the theme of the song, adding new lines in the song, or major modifications is considered as a new order or subject to additional charges.

You must provide your feedback and any revision requests within 48 hours of receiving the composition. If no feedback is received within this time frame, the composition is deemed fully accepted and constitutes the Final Delivery of Services. Any further requests after this period will be treated as a new order or subject to additional charges.

  • Timelines: We strive to meet agreed-upon timelines, however, due to the creative, custom, and complex nature of our services, timelines for lyric writing, music composition, and song production are estimates only and are not guaranteed. Delays may occur due to factors beyond our control, including but not limited to song complexity, length, reliance on third-party services, technical issues, unforeseen circumstances, client responsiveness, and revision time. Melodream Studios shall not be liable or responsible for any delays in the development, completion, or delivery of the song.
  • Delivery: All digital products, including song files (MP3, WAV file), music, or related content, will be delivered via email or through a cloud-based storage link. If we use cloud-based storage, access will be provided for a limited period, after which the files may no longer be accessible.

CLIENT RESPONSIBILITIES

You agree to fulfill the Client Responsibilities. These responsibilities are crucial and include but are not limited to:

  • Providing accurate, complete, and relevant information necessary for song creation. You agree to share only non-sensitive, non-harmful, non-confidential and non-important information.
  • Providing timely feedback and approvals during the revision process.
  • Responding to our communications promptly during services.
  • Adhering to the agreed-upon revision limits.
  • Making full payment of service fees upfront before work commences.
  • Using the delivered song solely within the scope of the Limited Personal Use License granted in Section 7.
  • Understanding and accepting that due to the subjective nature of creative work, complete satisfaction and alignment with your vision or expectation cannot be guaranteed.
  • Respectful Conduct, Communicating with Melodream Studios’ personnel professionally and respectfully.

LIMITED PERSONAL USE LICENSE

  • Limited Personal Use License: Upon full payment, Melodream Studios grants you a strictly limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use only of the delivered song. This license permits you to:
    • Play the song for personal enjoyment.
    • Share the song privately with the intended recipient and close personal acquaintances.
    • Use the song at private, non-commercial events (e.g., a home celebration).
  • Prohibited Uses under Limited Personal Use License: Without obtaining separate written permission and appropriate licenses from Melodream Studios, You are explicitly prohibited from the following, but not limited to: Commercial Use of any kind, Public Performance or Display, Reproduction and Distribution, Adaptation and Modification, Circumvention of Technological Measures, Use for Training Artificial Intelligence (AI) or Machine Learning (ML) Systems, Use in Compilations or Collections, Use for any Unlawful or Harmful Purpose, Removal or Alteration of Notices.

PLEASE REFER TO OUR LIMITED PERSONAL USE LICENSE AGREEMENT FOR FURTHER DETAILS.

INTELLECTUAL PROPERTY RIGHTS

  • Intellectual Property Rights Ownership: Melodream Studios expressly retains all rights, title, and interest, including all Intellectual Property Rights (IPR), in and to the song and music created, including but not limited to copyright, performance rights, mechanical rights, synchronization rights, derivative rights, and all commercial rights. This includes the full and exclusive ownership of the lyrics, music composition, sound recording, and all elements of the song, except for any pre-existing third-party materials that may be incorporated under license. Your purchase constitutes payment for our creative services and a limited personal use license as defined above, and does not grant you any ownership or broader rights to the song.
  • Acquisition of Broader Rights: If you desire to obtain any rights beyond the Limited Personal Use License, including commercial rights, performance rights, distribution rights, or full ownership, you must contact Melodream Studios to negotiate and purchase a separate written agreement and appropriate licenses, which will be subject to additional fees and terms.

DISCLAIMER OF WARRANTIES

Our services and all content, products, and deliverables are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Melodream Studios disclaims all warranties, including, but not limited to:

  • Warranty of Satisfaction: We do not warrant that you will be satisfied with the final song, or that it will meet your subjective expectations or the expectations of the song’s recipient. Due to the inherently subjective nature of creative work, individual tastes and preferences vary significantly.
  • Warranty of Acceptance: We do not guarantee that the recipient of the song will accept, appreciate, or enjoy the song.
  • Warranty of Originality or Uniqueness: While we strive to create personalized songs, we do not warrant that the song will be entirely original or unique in all respects. Similar themes, melodies, or lyrical phrases may exist in other musical works, and complete originality cannot be guaranteed, particularly when utilizing AI and third-party tools.
  • Warranty of Error-Free Service: We do not warrant that our services will be uninterrupted or error-free, that defects will be corrected, or that our service or the servers that make it available are free of viruses or other harmful components.
  • Warranty of Fitness for a Particular Purpose: We disclaim any implied warranties of fitness for a particular purpose.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT SHALL MELODREAM STUDIOS, ITS OWNERS, EMPLOYEES, COLLABORATORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, OR INABILITY TO USE OUR SERVICES, OR THESE TERMS, EVEN IF MELODREAM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF MELODREAM STUDIOS FOR ANY AND ALL CLAIMS RELATED TO OUR SERVICES, THESE TERMS, OR YOUR ENGAGEMENT WITH MELODREAM STUDIOS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MELODREAM STUDIOS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BASIS3 OF THE BARGAIN BETWEEN YOU4 AND MELODREAM STUDIOS AND REFLECTS THE ALLOCATION OF RISK.

CONFIDENTIALITY AND DATA PROTECTION

  • Your privacy is important to us. By using our services, you consent to the collection, use, and disclosure of your information. Our Privacy Policy explains how we collect, use, store, and protect your personal data. For full details on our data privacy practices, please see our Privacy Policy.
  • Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
  • You agree not to disclose any proprietary information or confidential details shared by Melodream Studios without prior written consent.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Melodream Studios, its owners, employees, collaborators, affiliates, agents and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

  • Your use of our services.
  • Your breach or violation of these Terms.
  • Your actions, inactions, or misuse of our services or content.
  • Your violation or infringement of any applicable law, regulation, or third-party rights.
  • Any information or data you provide to Melodream Studios.
  • Your use of the song outside the scope of the Limited Personal Use License.

USE OF AI AND THIRD-PARTY WEBSITES AND SERVICES

You acknowledge and agree that Melodream Studios may utilize artificial intelligence6 (AI) tools, websites, third-party software, services, platforms, collaborators, and other resources in the process of providing services, including lyric writing and music composition. While we strive to utilize reputable and reliable tools and services, we do not control and are not responsible for the operation, output, data handling practices, or terms of service of these third-party tools, websites and services. You acknowledge that by using our services, you accept the potential risks and limitations associated7 with the use of AI and third-party tools, websites, services, and you agree that Melodream Studios8 shall not be liable for any issues, errors, inaccuracies, or claims arising from or related to the use of such tools, websites and services. It is your responsibility to ensure that you share only non-sensitive, non-harmful, non-confidential, non-important information with us, as we cannot guarantee the security or privacy practices of these third-party services.

LINKS TO THIRD-PARTY WEBSITES AND SERVICES

Our services and communications may contain links to third-party websites or services that are not owned or controlled by Melodream Studios. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Melodream Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

DISPUTE RESOLUTION AND GOVERNING LAW

  • Dispute Resolution: Any disputes or claims arising out of or related to these Terms or the services provided shall first be attempted to be resolved through mediation. If the dispute cannot be resolved through mediation, it shall be resolved through binding arbitration under Indian law.
  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, and any disputes will be subject to the exclusive jurisdiction of the courts in Indore, Madhya Pradesh, India.

TERMINATION

  • Melodream Studios reserves the right to suspend or terminate Services in the event of any breach of these Terms and Conditions, non-cooperation, including failure to make full payment or provide the necessary information for the completion of the Services.
  • Due to the personalized nature of our services, termination for convenience by the client is limited or not permitted after order confirmation, as specified in the Termination Clause and Refund Policy.
  • Upon termination, you will not be entitled to a refund of any payments made, Licensed rights remain in effect, and Confidentiality obligations continue

MODIFICATIONS

Melodream Studios reserves the right, at its sole discretion, to modify or update these Terms of Service at any time without prior notice. We will post the updated Terms on our website and update the “Last Updated” date at the top of this document. It is your responsibility to review these Terms periodically for changes. Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree with the modified Terms, you must discontinue using our services.

SEVERABILITY

If any provision of these Terms is9 held to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.

FORCE MAJEURE

Melodream Studios shall not be12 liable for any failure to perform or delay13 in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including,14 but not limited to, acts of God, war, riots, natural disaster, fire, floods, epidemics, pandemics, government action or regulations, strikes, lockouts,15 or other labor disputes, failures of suppliers, subcontractors, or telecommunications infrastructure (Force Majeure Event).

MISCELLANEOUS

  • Cookies and Tracking Technologies: The Company may use cookies and similar tracking technologies to improve the Client’s experience while using the Company’s website, services or other platforms. By continuing to use the services, the Client consents to the use of such technologies as described in the Company’s Cookie Policy. For full details please see our Cookie Policy.

WAIVER

No waiver of any provision of these Terms shall be effective unless in writing and signed by a duly authorized representative of Melodream Studios. No failure or delay by Melodream Studios to exercise any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Refund Policy, Cookie Policy, User Generated Contant Policy and all referenced policies and clauses incorporated herein you have agreed to, constitute the entire agreement between you and Melodream Studios concerning the services provided, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Melodream Studios with respect to the services.

CONTACT INFORMATION

For any questions, concerns, request or inquiries regarding these Terms and Conditions, please contact us via Email: contactmelodream@gmail.com