MusicalMixup
The Website:
A. Blaze Money Enterprises, INC. operates MusicalMixup.com, which is a network-bridging service that connects “Visitors” (anyone who uses the MusicalMixup website, including through a mobile device, or otherwise use the MusicalMixup service without being registered), with the “Artist Members” (those who sign up for an artist account), allowing them to communicate and promote the artist members materials in a fast and accessible manner. The services offered by MusicalMixup include any MusicalMixup-branded URL (the “MusicalMixup Website”), and other features (for example, music and video embedded players), MusicalMixup mobile services, and any other features, content, or applications offered from time to time by MusicalMixup in connection with MusicalMixup’s business (collectively, the “MusicalMixup Services”). The MusicalMixup Services are hosted in the United States.
B. The MusicalMixup Website may contain links to third party websites that are not owned or controlled by MusicalMixup. MusicalMixup has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MusicalMixup will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MusicalMixup from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the MusicalMixup
Website and to read the terms and conditions and privacy policy
of each other website that you visit.
Your Acceptance:
A. Welcome to MusicalMixup. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our privacy policy govern MusicalMixup’s relationship with you, whether you are a Visitor or Member, in relation to this website. The term "User" refers to a Visitor or a Member. You are only authorized to use the MusicalMixup Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the MusicalMixup Website and discontinue use of the MusicalMixup Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the MusicalMixup Services, you must read this Agreement and indicate your acceptance during the registration process.
B. This Agreement includes MusicalMixup’s policy for acceptable
use of the MusicalMixup Services and Content (as defined in Section
2.1 below) posted on or through the MusicalMixup Services and your
rights, obligations and restrictions regarding your use of the MusicalMixup
Services and Content posted on or through the MusicalMixup Services. In
order to participate in certain MusicalMixup Services, you may be
notified that you are required to download software or content and/or
agree to additional terms and conditions from MusicalMixup. Unless
otherwise provided by the additional terms and conditions applicable
to the MusicalMixup Services in which you choose to participate,
those additional terms are hereby incorporated into this Agreement. You
may receive a copy of this Agreement by emailing us at: privacy@MusicalMixup.com,
Subject: Terms of Use Agreement.
C. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.musicalmixup.com/terms.php). MusicalMixup may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
D. Please choose carefully the information you post on or through the MusicalMixup Services and that you provide to other Users. Your MusicalMixup profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other MusicalMixup Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MusicalMixup assumes no responsibility or liability for this material. If you become aware of misuse of the MusicalMixup Services by any person, please click on the "Contact” link at the bottom of the MusicalMixup Website pages.
E. MusicalMixup reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including comments) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the MusicalMixup Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. MusicalMixup expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the MusicalMixup Services if MusicalMixup determines, in its sole discretion, that you have violated this Agreement or pose a threat to MusicalMixup and/or its Users.
MusicalMixup Accounts:
A. In order to access some features of the Website, you will have to create an MusicalMixup account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MusicalMixup immediately of any breach of security or unauthorized use of your account.
B. Although MusicalMixup will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for
the losses of MusicalMixup or others due to such unauthorized use.
. MusicalMixup reserves the right to remove commercial content
in its sole discretion. Illegal and/or unauthorized use of
the MusicalMixup Services, including collecting usernames, user
id numbers, and/or email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the MusicalMixup Website, or employing
third party promotional sites or software to promote profiles for
money, is prohibited. Commercial advertisements, affiliate
links, and other forms of unauthorized solicitation may be removed
from Member profiles without notice or explanation and may result
in termination of Membership privileges. MusicalMixup reserves
the right to take appropriate legal action for any illegal or unauthorized
use of the MusicalMixup Services.
Proprietary Rights in Content on MusicalMixup
2.1 MusicalMixup does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the MusicalMixup Services. After posting your Content to the MusicalMixup Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the MusicalMixup Services, you hereby grant to MusicalMixup a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the MusicalMixup Services, including without limitation distributing part or all of the MusicalMixup Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the MusicalMixup Website. This limited license does not grant MusicalMixup the right to sell or otherwise distribute your Content outside of the MusicalMixup Services. After you remove your Content from the MusicalMixup Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the MusicalMixup Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the MusicalMixup Website as soon as practicable after you make the change.
2.2 The license you grant to MusicalMixup is non-exclusive (meaning you are free to license your Content to anyone else in addition to MusicalMixup), fully-paid and royalty-free (meaning that MusicalMixup is not required to pay you for the use on the MusicalMixup Services of the Content that you post), sublicensable (so that MusicalMixup is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the MusicalMixup Services), and worldwide (because the Internet and the MusicalMixup Services are global in reach).
2.3 You represent and warrant that: (i) you own the Content posted by you on or through the MusicalMixup Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the MusicalMixup Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the MusicalMixup Services.
2.4 The MusicalMixup Services contain Content of MusicalMixup
("MusicalMixup Content"). MusicalMixup Content is
protected by copyright, trademark, patent, trade secret and other
laws, and MusicalMixup owns and retains all rights in the MusicalMixup
Content and the MusicalMixup Services. MusicalMixup hereby
grants you a limited, revocable, nonsublicensable license to reproduce
and display the MusicalMixup Content (excluding any software code)
solely for your personal use in connection with viewing the MusicalMixup
Website and using the MusicalMixup Services.
2.5 The MusicalMixup Services contain Content of Users and other MusicalMixup licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MusicalMixup Services.
2.6 MusicalMixup performs technical functions necessary to offer the MusicalMixup Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the MusicalMixup Services.
If you believe your work has been copied and posted on or through the MusicalMixup Services in a way that constitutes copyright infringement, please send MusicalMixup’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the MusicalMixup Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. MusicalMixup’s Copyright Agent for notification of claimed infringement can be reached as follows:
Copyright Agent, Blaze Money Enterprises, Inc.
Attn: Copyright Agent
17 Atlas Ave.
Malverne, NY 11565
MusicalMixup’s Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. MusicalMixup provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
3. Content Posted
3.1 MusicalMixup may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MusicalMixup violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MusicalMixup assumes no responsibility for monitoring the MusicalMixup Services for inappropriate Content or conduct. If at any time MusicalMixup chooses, in its sole discretion, to monitor the MusicalMixup Services, MusicalMixup nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
3.2 You are solely responsible for the Content that you post on or through any of the MusicalMixup Services, and any material or information that you transmit to other Members and for your interactions with other Users.
4. User Submissions and Conduct/ Activity Prohibited
4.1 You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions
to use and authorize MusicalMixup to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service.
4.2 In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MusicalMixup all of the license rights granted herein.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the MusicalMixup Services. MusicalMixup reserves the right to investigate and take appropriate legal action against anyone who, in MusicalMixup’s sole discretion, violates this provision, including without limitation, removing the offending Content from the MusicalMixup Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MusicalMixup:
4.3 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.4 harasses or advocates harassment of another person;
4.5 exploits people in a sexual or violent manner;
4.6 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult pornographic website;
4.7 solicits personal information from anyone under 18;
4.8 publicly posts information that poses or creates a privacy or security risk to any person or property;
4.9 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.10 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or links to pirated music, providing information to circumvent manufacturer-installed copy-protect devices;
4.11 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
4.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
4.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
4.15 involves commercial activities and/or sales without prior written consent from MusicalMixup such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.16 includes a photograph or video of another person that you have posted without that person's consent;
4.17 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
4.18 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Member Disputes:
You are solely responsible for your interactions with other MusicalMixup Members. MusicalMixup reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Privacy:
Use of the MusicalMixup Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
Warranty Disclaimer:
YOU AGREE THAT YOUR USE OF THE MUSICALMIXUP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSICALMIXUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUSICALMIXUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSICALMIXUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability:
IN NO EVENT SHALL MUSICALMIXUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MUSICALMIXUP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MusicalMixup from its facilities in the United States of America. MusicalMixup makes no representations that the MusicalMixup Website is appropriate or available for use in other locations. Those who access or use the MusicalMixup Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity:
You agree to defend, indemnify and hold harmless MusicalMixup, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MusicalMixup Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MusicalMixup Website.
Disputes:
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and MusicalMixup agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the MusicalMixup Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Other:
This Agreement is accepted upon your use of the MusicalMixup Website or any of the MusicalMixup Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MusicalMixup regarding the use of the MusicalMixup Services. The failure of MusicalMixup to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MusicalMixup is a trademark of MusicalMixup, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at help@musicalmixup.com with any questions regarding this Agreement.
BY USING THIS WEBSITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.