Terms of use

Last revised: October 1, 2021

​INTRODUCTION

ItyDity, LLC (“ItyDity,” “Our,” “Us,” or “We”), a Colorado limited liability company, owns and operates this website (the “Site”). These terms of use and conditions (“Terms of Use”) describe and govern the rights, obligations, and responsibilities any user (“You,” “Your,” or “User”) of the Site or Services has. Your access to and use of the Site is subject to these Terms of Use, Our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use. You understand and agree that these Terms of Use are entered into between You and ItyDity. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE OR SERVICES. The Site and Services are continually under development, and We reserve the right to review, amend, edit, alter, or remove any part of these Terms of Use in Our sole discretion at any time and without prior notice to You. You should check the Terms of Use from time-to-time when You use the Site or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new content, materials, designs, or other information added to the Site or Services is also subject to these Terms of Use upon its posting to the Site. IF YOU DISAGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR SERVICES. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes.

 

KEY TERMS

 

Artist” means a User who: (a) creates a Song or has a Song idea with the intention of using the Site or Services in association with development of that Song or Song idea; or (b) uses the Site or Services to determine develop their production style or sound.

Artist Payment” means the payment according to the price selected by and due from Artist when Artist creates a Project or Project Service via the Site or Services. 

Contractor Fee” means the Artist Payment minus the ItyDity Fee.

Contractor” means a freelance producer, instrumentalist, music instructor, studio musician, audio engineer, or studio engineer, whether acting as an individual or entity, who wish to assist in such development through the creation of musical parts or the production of Songs. Contractor includes Selected Contractor, but Selected Contractor does not include all Contractors. 

Contractor Services” means all services a Contractor provides to Artist in any way related to or originating from Artist or Contractor’s use of the Site or Services. 

"Defective" means inoperative or non-working.

Final Deliverable” means the completed, final recording of the Song or Work produced through the use of the Site or Services, as approved by the Artist.

ItyDity Fee” means Our fees for any Services Artist enters into.

Project” means the efforts and intentions an Artist undertakes to work with Contractors toward the creation of a Final Deliverable via a Proposal, paying the Artist Payment, working with a Selected Contractor(s), following the other instructions on the Site or Services, or to develop the Artist’s production style or sound.

Person” means an individual, corporation, partnership, limited liability company, unincorporated organization, trust, association, or other entity.

Proposal” means a proposal made through the Site to work with available Contractors on a Project pursuant to the creative wishes of the Artist.

Project Service” means a one-to-one collaboration between an Artist and Selected Contractor through the Site or Services, and subject to the directions and requirements on or within them.

Sale” means the applicable transaction between Artist and Selected Contractor. 

Selected Contractor” means a Contractor(s) an Artist selects for a particular Project or Project Service. 

Services” means generally those services identified in Section 1.1.

Song” means any musical composition, recording, or audio file, whether the subject of a proposal or Service, or not.

Submission” means an informational request a Contractor provides to Artist in response to the Artist’s Proposal in the Contractor’s hopes of becoming a Selected Contractor, or in response to Artist’s request to collaborate in a Project Service. 

Selected Submission” means a submission of a Selected Contractor or Contractor that an Artist selects or Accepts for a particular Project or Project Service, as applicable.

User” in addition to the above definitions, means any user of the Site or Services. Artists and Contractors are both Users, although a User may not be an Artist or Contractor. 

​​“User Content” means any and all information and content a User submits to or uses with the Site or Services. User Content may include and may not include Subject Materials and Subject Intellectual Property, as those terms are defined in Sections 1.6(a) and 2.1.1, respectively.

Work” means the Artist’s musical composition that is the subject of a Proposal.

 

1. SERVICE

1.1 GENERAL

ItyDity provides a number of novel services to Users. The “Services” may include: 

 

  1. Providing and operating the Site.

  2. Providing an online platform to facilitate business and collaboration between Artists and Contractors, including, for example, through Proposals, Submissions, Projects, and Project Services, whether in-person, virtually, or via asynchronous online communication. 

  3. Providing Artists access to a worldwide network of music producers and other Contractors.

  4. Providing access and use of Our unique and proprietary Song Production Blueprint technology, which generally develops an Artist’s unique sound and matches the Artist with Contractors.

  5. Song Production Blueprint assessments to analyze what production style in Our opinion works best for an Artist’s music.

  6. General artist/creative development and educational services;

  7. Providing automated synchronization licensing services to connect Artists with movie, TV, advertising, and film licensing opportunities via our unique and proprietary Ingenious Music Licensing service, including as described in Section 3.1(d).

  8. Music Production Services, including as described in Section 3.1(c).

  9. Hosting a music licensing library.

  10. Music publishing services.

  11. Administrative and music marketing support in connection with facilitating the above collaboration and Services.

1.2 PROJECT

​(a) Proposal. In order to undertake a Project, an Artist must first submit a Work through a Proposal and clearly specify the requirements as indicated on through the Proposal process such that Contractors clearly know the Artist’s criteria on which the Artist will judge the Submission. A Project consists of three phases. The first phase is the “Feedback Phase". The second phase is the “Sketch Phase.” The third phase is the “Final Production Phase.” In the Feedback Phase, the Artist may obtain written requests from producers to collaborate. An Artist has the option to select a Selected Contractor immediately after the Feedback Phase or to select the top three Contractors and move to the Sketch Phase before selecting a single Selected Contractor. The Final Producer Phase begins when Artist selects a Selected Contractor to work with. The Artist then works one-on-one with the Selected Contractor to create a Final Deliverable, which will be delivered at the end of the Final Production Phase. After the Artist approves the Final Deliverable, the Selected Contractor will receives the Contractor Fee. 

 

(b) Refunds and Project Phases. There are three phases (also called steps) in every project. The first phase Artist Payment is $100. This phase one Artist payment is always non-refundable. There is an additional Artist Payment of $500 that the Artist shall pay ONLY when and if they choose to enter the second phase.  It is not required that the Artist enter the second phase.  If the Artist does choose to enter the second Phase and in the second phase the artist is not happy with the sketches they have received, and ItyDity cannot remedy the issue, Artist may request a partial refund of the phase two Artist Payment for the amount of $425 (US Dollars). This is in accordance to our money-back guarantee. If the Artist proceeds into the third phase of a Project, they will first need to pay the phase 3 Artist Payment which is the amount listed as the Selected Producer Fee minus the $500 they put down towards production in Phase two. This is also the amount they will be invoiced by ItyDity at that time. After Artist Payment is paid for phase 3 the total Artist Payment of phase two and phase three is non-refundable. 

(c) Revision limits. Artist may ask for up to 5 rounds of revisions from their Selected Contractor in Phase 3 of a Project. If more revisions are needed they will need to pay their selected contractor $40/per hour for additional revisions. Payment for additional revisions will be billed after revisions have been made but must be made by the Artist before they receive their final Deliverables.

(d) Production Assistant. Artist receives up to 2 hours of support from a dedicated Production Assistant at ItyDity in Phase 1 & 2. Artist received up to 2 hours more of support from a dedicated Production Assistant at ItyDity in Phase 3.  Production Assistants can help Artist decide between Submissions, ask for revisions, communicate with Producers, and resolve issues. Support from Production Assistance can be via email, phone, or Zoom call. If Artist needs additional support beyond the 2 hour limit in Phase 1 & 2 and/or beyond the 2 hour limit in Phase 3, they will need to purchase the Unlimited Production Assistant Support package.

1.3 PROJECT SERVICE

​(a) Artists and Contractors can also work with each other through the Site or Services 1-on-1 by creating a Project Service and following the directions on the Site. Contractor can create invoices to request payments from Artist related to the Project Service. Artist can pay invoices and reserve the right to accept Submissions before they are considered “Accepted.” If Artist has not Accepted a Submission(s), Artist may request a refund of the Artist Payment, at any time up to sixty (60) calendar days after the date of invoice, or ten (10) calendar days after delivery of the subject Submission, whichever is sooner. After Contractor has delivered the Submission, Artist will be deemed to have Accepted the designs unless Artist provides notice of rejection to ItyDity and Contractor within ten (10) calendar days of delivery of the Submission. If Contractor does not cure the issues in the notice of rejection within thirty (30) days of the pertinent rejection notice, Artist will be refunded the Contractor Fee and Artist will have no right to use the resulting Submission in any way. ItyDity reserves the right in its sole discretion to restrict Artist and Contractors from creating Submissions or Final Deliverables using a Project Service and to remove Submissions. ItyDity has no involvement in managing or providing the Submissions to Artist and is simply providing the ability for Contractor to store files for, work with, invoice and receive payments from Artists, and for Artists to request services from, view Submissions, provide feedback on Submissions and pay Contractors, using Project Services.