|terms of service * :
Welcome to the RemixWizard Website!
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.
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.
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.
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 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.
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.
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.
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.
Sweepstakes and Contests.
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.
- 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.
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 email@example.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.
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.
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.
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.
Last Modified: August 15th, 2008
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