Gloss

Terms of Service

    The Gloss service (“Gloss”) is owned and operated by Popgun Labs Pty Ltd (ABN 19 616 888 674).

    The Gloss service is accessible via the website located at http://glossaudio.com/ . By accessing and/or using the Gloss service you agree to these Gloss Terms of Use, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website and services if you do not agree to these Terms. These Terms of Use form an agreement between you and us (the “Agreement”).

    In these Terms, ‘Popgun’, 'us', 'we' and 'our' means Popgun Labs Pty Ltd and our related bodies corporate.

    These Terms may be amended by Popgun from time to time. Popgun will use reasonable efforts to ensure that any changes to these Terms are made available to you not less than 30 days prior to taking effect. Your continued use of Gloss following the date such amended terms take effect will be deemed to be acceptance of any amended Terms.

  1. About Gloss

    Gloss is an online AI-based mastering tool. Gloss performs a series of processes on sound recordings designed to prepare the sound recording for commercial distribution. This may include, but is not limited to, compression, limiting, and equalisation.

  2. Use Of Gloss
    1. Using the Gloss Service

      To use the Gloss service you must upload a sound recording (Recording) via the functionality on the Website. You must only upload your original work and not sound recordings owned or controlled by any third party. You must not use Gloss to master any recordings that contain illegal, explicit, offensive, or otherwise objectionable content.

      Recordings can be uploaded in any of the following formats: .wav, .mp3, .m4a, .aif.

      The Gloss engine will then apply mastering tools to the Recording, and will give you the opportunity to listen to the mastered Recording (Mastered Recording) .

      You may then download the Mastered Recording. Mastered Recordings are available for download in .wav format only.

      Gloss does not keep a copy of the Mastered Recording so if you do not download the Mastered Recording when you leave the website you will no longer be able to access the Mastered Recording.

      You may, but do not have to, provide us with your email address at the time you use Gloss. If you provide your email address we will only use it to provide you with news and updates about Gloss and about our other products and services.

      There is no limit to the number of Recordings you may upload to Gloss, however we may limit or cancel your access to Gloss if we believe you are using the service in bad faith or otherwise in breach of these Gloss Terms of Use. Commercial scale use of Gloss will be deemed a bad faith use.

    2. Grant of Rights

      You grant us the right to apply the Gloss service to the Recording and to make the output available to you for download.

      You grant us the non-exclusive, perpetual, worldwide, royalty-free right to store and use the Recording (and to the extent necessary or applicable, the musical composition embodied in the Recording) for our own internal purposes in improving the Gloss service and our other products and services.

    3. Rights in Recordings

      You must only upload Recordings to Gloss if you own or control the Recording.

      You warrant to us that you own or control all rights in the Recordings you upload to Gloss, including the rights in any underlying musical composition, and that the provision of the Gloss service in relation to the Recording will not infringe the rights of any third party.

    4. Rights in Mastered Recordings

      Nothing in these Terms affects the ownership of materials you upload. You remain the owner of the Mastered Recording. To the extent that Gloss may own or control any rights in a Mastered Recording Gloss hereby assigns such rights to you worldwide and in perpetuity, including as a present assignment of future copyright.

      For the avoidance of doubt, nothing in the assignment above is intended to assign to you any rights in the Gloss service.

  3. Fees and Charges

    The Gloss service is currently available free of charge. We may elect to impose charges for the use of the Gloss service at any time in our discretion.

  4. Support

    Gloss is provided on an “as is” and “as available” basis and we do not provide any support in respect of the service.

  5. Indemnity

    You indemnify us from and against all claims, costs, damage, and loss arising from any breach of this Agreement by you and from any claim that our use of the materials uploaded or otherwise provided by you (including the Recording and/or any musical composition embodied in a Recording) infringes the rights of any third party.

  6. Intellectual property rights

    Unless otherwise indicated, Popgun owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Gloss and in all of the material (including all text, graphics, and logos) made available on Gloss and on the website (Content) .

    Your use of Gloss and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Gloss or the Content. However we grant you the right to access Gloss and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

    Any reproduction or redistribution of Gloss or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

    All other use, copying, reproduction, or reverse engineering of Gloss, the Content or any part of it is prohibited, except to the extent permitted by law.

  7. Limitation of Liability
    1. To the maximum extent permitted at law, we do not make any warranties in respect of Gloss, including but not limited to that Gloss will meet your requirements or will achieve any particular result, or that the service will be uninterrupted or will be error free. We provide Gloss “as is” and “as available”.

    2. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a your use of Gloss, or as a result of the inaccessibility of Gloss and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

    3. To the extent that we have any liability to you, our total aggregate liability to you in connection with any breach of this Agreement by us will be limited at our sole discretion to:

      1. the resupply of the Gloss services to you; or
      2. the payment of the cost of having the services supplied to you again.
  8. General
    1. Entire Agreement

      These Gloss Terms of Use, together with the Website Terms of Use and Privacy Policy, and the terms of any other notices or instructions given to you under these Gloss Terms of Use supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the use of Gloss and the other matters dealt with in these Terms of Use.

      To the extent of any inconsistency between these Gloss Terms of Use and any other terms, these Gloss Terms of Use will prevail.

  9. No assignment

    You may not assign or transfer any rights under this Agreement to any third party without our prior written consent.

  10. Severability

    If any part or provision of these Gloss Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.

  11. Jurisdiction and governing law

    Your use of the Website and these Terms of Use are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Privacy Policy

Your privacy is important to us. It is Gloss' policy to respect your privacy regarding any information we may collect from you across our website, http://glossaudio.com , and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

This policy is effective as of 25 October 2018.