MixMatchMusic RemixWizard™
Terms of Use

Welcome to the RemixWizard Website!

Please read the following important terms and conditions (“Terms of Use”) carefully.  MixMatchMusic, Inc. (“MixMatchMusic”) provides our website located at remixwizard.mixmatchmusic.com (the “RemixWizard Site”) through which users may download our multi-media widget and related documentation (“RemixWizard”) and any other products or services we make available via the RemixWizard Site (collectively, the “Services”).

These Terms of Use and all policies referenced in this document or elsewhere on the RemixWizard Site which are incorporated herein by reference govern your access to and use of the RemixWizard Site and Services.  These Terms of Use are a legal agreement between you and MixMatchMusic and apply to you whether you are a Remix Artist (defined below) or a visitor just browsing the RemixWizard Site (collectively, “RemixWizard Users”).  These Terms of Use limit MixMatchMusic’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the RemixWizard Site and Services.

Please note that these Terms of Use do not govern your use of our parent website MixMatchMusic.com. Please see the separate terms and conditions which apply to use of the MixMatchMusic service available at http://www.mixmatchmusic.com/terms.

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE REMIXWIZARD SITE, SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE REMIXWIZARD SITE OR SERVICES.  If you agree to these Terms of Use on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and your agreement to these terms will be treated as the agreement of the business.  In that event, “you” and “your” will refer and apply to that business.

Special Note Regarding the Services:  As a part of the Services, MixMatchMusic provides example license grant terms under which you may choose to license your Artist Content (defined below) to End Users (defined below) or provides links to third party websites and services which provide the same (collectively, the “Example License Provisions”) [INSERT LINK TO ‘CUSTOMIZE LICENSE PAGE’]. MixMatchMusic does not provide legal services. These example terms are provided as a courtesy and to the extent that you use an Example License Provision you do so at your own risk. You may wish to provide additional or different terms and conditions with your Artist Content. MixMatchMusic does not warrant that any Example License Provision will protect your rights in your intellectual property or otherwise or that any Example License Provision will be legally enforceableand MixMatchMusic disclaims all liability for damages resulting from your use of any Example License Provision. You should seek the advice of a lawyer.

1. Eligibility and Registration.   In order to access certain features of the RemixWizard Site and Services, you must create a RemixWizard account and become a registered user “Remix Artist”.  To become a Remix Artist you must be at least 18 years of age.  When you register you will be asked to choose a username and a password.  You are responsible for safeguarding your password and you agree not to disclose your password to any third party.  You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions.  You will immediately notify MixMatchMusic of any unauthorized use of your password.  You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.  The MixMatchMusic Privacy Policy contains information about our policies and procedures regarding the collection and use of personal information we receive from users of the RemixWizard Site and Services.  

2. Acknowledgement of Beta Test.  You acknowledge and agree that: (a) the RemixWizard Site, Services and MixMatchMusic Materials (defined below) are not official products and have not been commercially released by MixMatchMusic; (b) the RemixWizard Site, Services and MixMatchMusic Materials may not operate properly, be in final form or fully functional; (c) the RemixWizard Site, Services and MixMatchMusic Materials may contain errors, design flaws or other problems; (d) it may not be possible to make the RemixWizard Site, Services and MixMatchMusic Materials fully functional; (e) the information obtained using the RemixWizard Site, Services and MixMatchMusic Materials may not be accurate; (f) use of the RemixWizard Site, Services and MixMatchMusic Materials may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or Artist Content (defined below) to unintended third parties; (g) MixMatchMusic is under no obligation to release a commercial version of the RemixWizard Site, Services and MixMatchMusic Materials; and (h) MixMatchMusic has the right unilaterally to abandon development of the RemixWizard Site, Services and MixMatchMusic Materials at any time and without any obligation or liability to you.
   

3. Obligations under Third Party Agreements.  If you have obligations to any third party, as a non limiting  example, such as under the terms, conditions or policies of a multi-media online merchant that you use or through which you purchase or provide Artist Content (defined below) like Amazon.com, you and not MixMatchMusic are responsible for your compliance with those requirements.  By allowing you to showcase and promote Artist Content via the RemixWizard Site or Services, MixMatchMusic does not suggest, warrant or guaranty that your use of any content in connection with the RemixWizard Site or Services is allowed by that merchant, nor that your use complies with any laws or regulations that may apply to your use or purchase of any content.  MixMatchMusic is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your activities.

4. End Users and Usage Data.  If you deploy a RemixWizard on a website you acknowledge and agree that:
   MixMatchMusic may collect certain tracking and usage data generated or provided by End Users which may include the personally identifiable information of End Users (“Usage Data”).  An “End User” means a visitor to or user of a RemixWizard on your website.

   You represent that you have made available to End Users a privacy policy that governs the website where you post or provide a RemixWizard (“Privacy Policy”).  Such Privacy Policy includes any and all disclosures and election procedures that may be required under applicable laws in light of the provision of the RemixWizard by you (including our Services via the RemixWizard) as contemplated by these Terms of Use, including, without limitation, clear and conspicuous disclosure to End Users about your practices with respect to the collection, use and sharing of user data on or through the Services (including, without limitation, your use of third party service providers) and MixMatchMusic’s collection and use of Usage Data.

   You agree to comply with the terms and conditions of the Privacy Policy.  In the event that any modifications are made to the Privacy Policy that prohibits or materially impairs MixMatchMusic’s ability to provide any of the Services or potentially subjects you or MixMatchMusic to claims of third parties or enforcement authorities, MixMatchMusic may suspend, discontinue or terminate performance of the Services, at its sole discretion.

   You are solely responsible for your interactions (including any disputes) with End Users and MixMatchMusic does not in any way screen End Users.  MixMatchMusic may, but is under no obligation to, monitor or censor any comments made by End Users or content provided by End Users (including End User Content (defined below) and disclaims any and all liability relating thereto. 

5. Proprietary Rights and Licenses.
   Definitions. Certain types of content are made available through the RemixWizard Site and Services. “MixMatchMusic Materials” means any text, data, graphics, images, photos, audio or video files, MixMatchMusic trademarks and logos and any other content made available by MixMatchMusic via the RemixWizard Site and Services, including any technology or code making up a widget.  “Artist Content” or “End User Content” means any text, data, graphics, images, photos, audio or video files, communications, music content called “Stems” and any other content that Remix Artists or End Users post, upload or download through the RemixWizard Site or Services (including any audio content provided via the website(s) used or hosted by a Remix Artist), excluding any MixMatchMusic Materials.
   Artist Content. You retain all ownership of your Artist Content.  However, by uploading, posting, submitting, linking to or otherwise transmitting any Artist Content on or via the RemixWizard Site or Services, you hereby grant to MixMatchMusic a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your Artist Content in connection with the Services and MixMatchMusic’s business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats, through any media channels and via any mini widgets deployed by a Remix Artist or otherwise. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to MixMatchMusic.  You acknowledge and agree that posting of or linking to Artist Content or End User Content will comply with the MixMatchMusic Copyright and IP Policy as set forth in Section 5 below. 
   Limitations. You acknowledge and agree that MixMatchMusic may, at its option, reclassify or recategorize any Artist Content and establish or change limits concerning Artist Content, including, without limitation, the maximum number of days that Artist Content will remain available via the Services or on the RemixWizard Site, the maximum size of any files that may be stored on or uploaded to the RemixWizard Site or Services and the maximum disk space that may be allotted to you for the storage of Artist Content on MixMatchMusic’s servers.  MixMatchMusic will have no responsibility or liability for maintaining copies of Artist Content on our servers, and you are solely responsible for creating back-ups of your Artist Content. 
   MixMatchMusic Materials.  MixMatchMusic owns all right, title and interest, including all worldwide intellectual property rights in the RemixWizard Site, Services, MixMatchMusic Materials and any other content made available through the RemixWizard Site or Services contained therein, other than your Artist Content.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RemixWizard Site, Services, MixMatchMusic Materials, any other content made available through the RemixWizard Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the RemixWizard Site, Services, MixMatchMusic Materials or any other content made available through the RemixWizard Site or Services (other than your Artist Content).
   Disclaimer.   MixMatchMusic does not guarantee that any content (including without limitation MixMatchMusic Materials, Artist Content or End User Content) will be made available through the RemixWizard Site or Services, continuously or at all.  WHILE MIXMATCHMUSIC IS UNDER NO OBLIGATION TO DO SO, MixMatchMusic reserves the right to remove and permanently delete any Content from the RemixWizard Site or services without notice, AND FOR ANY REASON IN ITS SOLE DISCRETION. MixMatchMusic does not have any obligation to monitor the Artist Content or End User Content that is uploaded, posted, submitted or otherwise transmitted using the RemixWizard Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Artist Content, End User Content or anything said, depicted or written by Remix Artists or End Users, including, without limitation, any information obtained by using the RemixWizard Site or Services.  MixMatchMusic does not endorse any Artist Content, End User Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MixMatchMusic with respect thereto.
   

6. Copyrighted Materials:No Infringing Use.   You will not use the RemixWizard Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.  MixMatchMusic has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.  Please see the MixMatchMusic Copyright and IP Policy for further information.

7. Termination or Suspension of the RemixWizard Site or Services & Modification of these Terms of Use.

   • MixMatchMusic reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the RemixWizard Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the RemixWizard Site or made in compliance with any notice requirements set forth in these Terms of Use.  If any modification is not acceptable to you, your only recourse is to cease using the RemixWizard Site and Services.  By continuing to use the RemixWizard Site or Services after MixMatchMusic has posted any modifications on the RemixWizard Site or provided any required notices, you accept and agree to be bound by the modifications.  

    

   • Without limiting other remedies, MixMatchMusic may at any time suspend or terminate your RemixWizard account and refuse to provide access to the RemixWizard Site or Services. In addition, MixMatchMusic may notify authorities or take any actions it deems appropriate, without notice to you, if MixMatchMusic suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by MixMatchMusic; or (ii) engaged in actions relating to or in the course of using the RemixWizard Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, RemixWizard Users, MixMatchMusic or any other third parties or the RemixWizard Site or Services.
   • You may terminate your RemixWizard account at any time and for any reason. Upon any termination by a Remix Artist, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the RemixWizard Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. MixMatchMusic will not be liable to you or any third party for termination of the RemixWizard Site or Services or termination of your use of either.  UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE REMIXWIZARD SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, MixMatchMusic will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. 
   • Any suspension, termination or cancellation will not affect your obligations to MixMatchMusic under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

8. RemixWizard User conduct.  The RemixWizard Site and Services may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the RemixWizard Site and Services.  In addition, without limitation, you agree that you will not do any of the following while using or accessing the RemixWizard Site, Services, MixMatchMusic Content or Artist Content:

   • Post, publish or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
   • Access, tamper with or use non-public areas of the RemixWizard Site, MixMatchMusic’s computer systems or the technical delivery systems of MixMatchMusic’s providers;
   • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
   • Attempt to access or search the RemixWizard Site, MixMatchMusic Content or Services with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by MixMatchMusic or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools.
   • Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
   • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the RemixWizard Site, MixMatchMusic Content, Services or End User Content to send altered, deceptive or false source-identifying information;
   • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RemixWizard Site, MixMatchMusic Content, Services or End User Content;
   • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the RemixWizard Site; or plant malware on MixMatchMusic’s computer system, those systems of MixMatchMusic’s providers, or otherwise use the RemixWizard Site, MixMatchMusic Content, Services or End User Content to attempt to distribute malware;
   • Impersonate or misrepresent your affiliation with any person or entity; or
   • Encourage or authorize any third party to engage in any of the forgoing prohibited activities.

9. RemixWizard Widget.

   License Grant.  Subject to your compliance with the terms and conditions of these Terms of Use, MixMatchMusic grants you a non-exclusive, revocable and non-transferable license to install and use the executable form of the RemixWidget, without modification. MixMatchMusic reserves all rights in the RemixWidget not expressly granted to you in these Terms of Use.

   Restrictions.  You may not transfer, sublicense, lease, lend, rent or otherwise distribute the RemixWidget to any third party or use it in any manner that is unlawful or inconsistent with these Terms of Use.  Except as expressly specified in these Terms of Use, you may not: (a) copy or modify the RemixWidget; or (b) make the functionality of the RemixWidget available to multiple users through any means, including, without limitation, by uploading the RemixWidget to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services.  You acknowledge and agree that portions of the RemixWidget, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of MixMatchMusic.  Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the RemixWidget, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  The RemixWidget is licensed, not sold.  MixMatchMusic owns all rights, title, and interest in and to the RemixWidget, including all intellectual property rights therein.  The RemixWidget is protected by United States copyright law and international treaties.  You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the RemixWidget or any backup copies thereof.

10. Sweepstakes and Contests. 

    MixMatchMusic Promotions.  MixMatchMusic may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the RemixWizard Site.  You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the RemixWizard Site, as they may contain additional important information about MixMatchMusic’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.  To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

    Remix Artist Promotions.  You must be at least 18 years of age to run a Promotion via the RemixWizard Services, specifically any Remix Widget you post on your website.  In the event you choose to run a Promotion, you acknowledge and agree to the following:
    

    • You are solely responsible for: 
    • conducting such Promotions according to all applicable laws and regulations as they generally are interpreted and enforced;
    • preparing and publishing official rules and appropriate legal disclaimers, registering and bonding the Promotion where required; and 
    • handling submission of Promotion entries, judging Promotion entries, furnishing Promotion prizes, and fulfilling requests for winners’ lists. 
    • MixMatchMusic will have no liability to any Promotion winners, any RemixWizard Users, or other third parties for any harm, damages, costs or expenses related to their participation in the Promotion or their claiming, acceptance or use of any prize. 
    • You will ensure that Promotion materials, including official Promotion rules, contain language that: (i) disclaims any and all warranties on MixMatchMusic’s behalf with respect to the Promotion in question and any prize, and (ii) releases MixMatchMusic from liability to any winners, RemixWizard Users, End Users or other third parties for any harm, damages, costs or expenses related to their participation in the Promotion or their claiming, acceptance or use of any prize. 
    • You are solely responsible for securing appropriate affidavits of eligibility, liability and publicity releases and travel companion releases if appropriate (collectively, “Releases”), which release you and MixMatchMusic from any and all liability as set forth in the Releases, from winners before providing winners with Promotion prizes.
    • You are responsible for all costs associated with fulfillment of the prizes and your obligations under these Terms of Use.  At MixMatchMusic’s request, you will permit MixMatchMusic to review all Promotion materials.  MixMatchMusic may make changes to the Promotion materials in furtherance of its interests and may terminate any Promotions at any time and for any reason in its sole discretion. 
    • MixMatchMusic is not responsible for the administration and operation of any Promotions run, sponsored or administrated by you.  MixMatchMusic hereby disclaims any and all liability relating thereto.

11. Feedback.  We welcome and encourage you to provide feedback, comments and suggestions for improvements to the RemixWizard Site and Services (“Feedback”).  You may submit Feedback by emailing us at feedback@mixmatchmusic.com or through the “Help” section of the RemixWizard Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of MixMatchMusic and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to MixMatchMusic together with all intellectual property rights therein. 

12. Indemnification. You agree to defend, indemnify and hold MixMatchMusic and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and agents harmless from and against any third party claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the RemixWizard Site, Services, MixMatchMusic Materials, Artist Content and End User Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that Artist Content caused damage to a third party, including, without limitation, claims that your Artist Content is infringing.

13. Disclaimer. THE REMIXWIZARD SITE, SERVICES, MIXMATCHMUSIC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE REMIXWIZARD SITE OR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. MIXMATCHMUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REMIXWIZARD SITE, SERVICES, MIXMATCHMUSIC CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE REMIXWIZARD SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  In addition, MixMatchMusic makes no representation or warranty that the RemixWizard Site, SERVICES, MIXMATCHMUSIC MATERIALS, Artist Content, End User Content or any OTHER CONTENT MADE AVAILABLE THROUGH THE REMIXWIZARD SITE OR SERVICES will be error free or THAT ANY ERRORS WILL BE CORRECTED.  Some states or jurisdictions do not allow the exclusion of certain warranties, SO some of the above exclusions may not apply to you.

14. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MIXMATCHMUSIC OR ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU or any third-party FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE REMIXWIZARD SITE, SERVICES, MIXMATCHMUSIC MATERIALS, Artist Content,  End User Content AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE REMIXWIZARD SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY REMIXWIZARD USER OR END USER, ONLINE OR OFFLINE, WHETHER OR NOT MIXMATCHMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIXMATCHMUSIC’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $25.  MIXMATCHMUSIC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE REMIXWIZARD SITE, SERVICES, MIXMATCHMUSIC MATERIALS OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

15. Force Majeure.  MixMatchMusic will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to MixMatchMusic infrastructure or connectivity to the internet or failure at an MixMatchMusic co-location facility (each a “Force Majeure Event”).  Upon the occurrence of a Force Majeure Event, MixMatchMusic will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that MixMatchMusic may reasonably require to recover from the effects of such Force Majeure Event.

16. Relationship of the Parties; No Third Party Beneficiary.  Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.  You acknowledge and agree you are not a third party beneficiary of any agreement between MixMatchMusic and any End User or otherwise (including, without limitation, the MixMatchMusic Remixer Agreement) and MixMatchMusic is under no obligation to enforce any such agreement and disclaims any and all liability relating thereto. 

17. Notice; Consent to Electronic Notice. You consent to the use of:  (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use (including notices regarding the security of your data); and (b) electronic records to store information related to these Terms of Use and your use of the RemixWizard Site and Services.  Any notice or other communication to be given hereunder will be in writing and given (x) by MixMatchMusic via email (in each case to the address that you provide), (y) a posting on the RemixWizard Site or (z) by you via email to remixwizard@mixmatchmusic.com or to such other addresses as MixMatchMusic may specify in writing.  The date of receipt will be deemed the date on which such notice is transmitted.

18. Links to other Websites. The RemixWizard Site or Services may provide links to websites other than www.MixMatchMusic.com. Such links are provided for reference only, and MixMatchMusic neither controls such websites nor endorses any of the material on any such websites or any association with their operators.  MixMatchMusic is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

19. Miscellaneous.  In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of MixMatchMusic and any prohibited assignment will be null and void. MixMatchMusic may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and MixMatchMusic’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and MixMatchMusic.  These Terms of Use together with the rules and policies of MixMatchMusic incorporated herein by reference constitute the entire agreement between MixMatchMusic and you with respect to the subject matter of these Terms of Use.

20. Questions.  If you have questions about these Terms of Use please contact MixMatchMusic by emailing us at remixwizard@mixmatchmusic.com.

Last Modified: August 15th, 2008