MIX PASS DIGITAL SERVICES Mixtapepass.com|
Music Terms & Conditions
POSTED AND EFFECTIVE – January 1, 2009
MIX PASS DIGITAL SERVICES Mixtapepass.com Music provides a centralized location where artists may submit new materials to MIX PASS DIGITAL SERVICES Networks for evaluation. Properly submitted materials will be included in the MIX PASS DIGITAL SERVICES Mixtapepass.com Music library, subject to these terms, conditions, and notices (these "Terms"). Your use of MIX PASS DIGITAL SERVICES Mixtapepass.com Music (the "Service") is based on your acceptance, without modification, of these Terms.
We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future change to these Terms is not acceptable to you, you may request that we remove your materials from our live sites by contacting us through our support form.
We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected time frames associated with any MIX PASS DIGITAL SERVICES Mixtapepass.com Music program. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction to or damage of our facilities, an act of God, war, civil disturbance, or other cause beyond our reasonable control.
Submitting materials to the Service does not guarantee that we will include them in our music library or place them on MIX PASS DIGITAL SERVICES Mixtapepass.com Music. For this reason, it is important that you become familiar with the Submission Requirements we have developed to assist artists during the submission process.
By submitting material to the Service, you represent and warrant that:
Protecting your password and subscription
- MIX PASS DIGITAL SERVICES Networks, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds;
- you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
- the material that you submit to our sites does not contain "samples" of any third party’s sound recording or musical composition and will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary right, rights of publicity or privacy, or moral rights;
- the material that you submit is not and will not violate any law, statute, ordinance, or regulation; and
- the material that you submit is not and will not be defamatory, trade libelous, pornographic, or obscene. By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, you grant us and our business partners a worldwide, royalty-free, nonexclusive, license to:
- host your materials on our servers and those of our business partners;
- display your materials to MIX PASS DIGITAL SERVICES Networks’ users on our Web sites and our business partners’ Web sites, in whole or in part, alone or in compilation with content provided by third parties;
- make your material accessible to MIX PASS DIGITAL SERVICES Networks’ users and those of our business partners as audio streams;
- make your material accessible, at your discretion, to MIX PASS DIGITAL SERVICES Networks’ users and those of our business partners for download;
- copy your materials to our servers or those of our business partners;
- re-encode your materials;
- edit your materials (but not your music) to ensure that they comply with our policies and guidelines;
- use any trademarks, service marks, or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material. We do not have the right to sublicense your audio-visual materials other than as necessary to syndicate our sites to our business partners.
You agree to provide true, accurate, current, and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests for removal of listings within the MIX PASS DIGITAL SERVICES Mixtapepass.com Music library
If you believe material you own has been copied and made accessible in a manner that violates your intellectual property rights, please follow the instructions in our copyright notice or contact us. We will consider such requests individually.
You have the right to request that we remove your materials at any time. If you want to remove your materials from MIX PASS DIGITAL SERVICES Mixtapepass.com Music, please contact us through our support form and we will remove them from our live sites as soon as possible.
Your conduct on the Service
Certain material that you submit may, in our sole discretion, also become available to certain of our business partners around the world in addition to appearing on MIX PASS DIGITAL SERVICES Mixtapepass.com Music.
If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from the MIX PASS DIGITAL SERVICES Mixtapepass.com music library and from MIX PASS DIGITAL SERVICES Mixtapepass.com Music.
The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including but not limited to photographs, graphics, images, illustrations, sound clips, and Flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the materials or content of the Service in whole or in part.
If the Service contains bulletin-board services, chat areas, newsgroups, forums, communities, and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not:
We reserve the right to automatically change your username, delete your posts, terminate your access to any or all of the Forums, remove your artist record from the Service, or use any combination of these options at any time without notice for any reason whatsoever.
- use the Service in an illegal manner;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, username, or any other material which might otherwise subject MIX PASS DIGITAL SERVICES Networks to public disparagement or scorn;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
- advertise or offer to sell any goods or services for any commercial purpose;
- conduct or forward surveys, contests, pyramid schemes, or chain letters;
- download any file posted by another user of a Forum that you know or reasonably should know cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; or
- restrict or inhibit any other user from using and enjoying the Forum.
Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court, and law-enforcement requests, or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Legal policies and notices
You hereby agree to indemnify, defend, and hold MIX PASS DIGITAL SERVICES Networks and all of our officers, directors, owners, agents, information providers, affiliates, and licensors (collectively, the "MIX PASS DIGITAL SERVICES Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any MIX PASS DIGITAL SERVICES Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material you submit to the Service, including but not limited to claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or MIX PASS DIGITAL SERVICES Networks, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in San Francisco County, California. These Terms constitute the entire agreement between you and MIX PASS DIGITAL SERVICES Networks with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.