Terms of use
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
Mixup provides media (audio, video, graphic) hosting, streaming, delivering and collaboration services (the “Services”) based on a subscription offering. Those services are accessible via the Mixup website or Mixup software (standalone / phone applications and audio plug-ins).
Certain Mixup Services are provided to you free-of-charge. There are some other Mixup Services that, if you are interested in accessing, will require payment by you.
The Mixup Services are available on:
- The Mixup website (the Mixup Site);
- The Mixup standalone, plugin and phone applications (the Mixup Application)
- Third party websites that will embed the Mixup framework and code
To access the Mixup Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting, or browsing the Mixup Site or using any of the Mixup Services (including downloading the Mixup Application) you are agreeing to these Terms. If you do not agree to these Terms of Use, do not use the Mixup Services, including our website, user interfaces and application. Please read them carefully.
If you have any questions or comments about these Terms, please contact us at: contact@mixup.audio
2. CHANGES TO THE TERMS OF USE BY MIXUP
Mixup reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion on the Mixup site. The most current version of the Terms of Use will supersede all previous versions.
3. ACCESS AND USE OF THE MIXUP SERVICES
Age Limitations.
If you are under the age of 18 we ask that you do not register, upload music or video, share your work or make purchases on any Mixup website without specific parental permission.
Demo Content.
Upon registration and creation of your account, Mixup will make available to you demos, music and example in your Mixup Services (Demo Content). You understand that the Demo Content’s sole purpose is to demonstrate the usage of the Mixup Services and, is for your personal and non-commercial use only. You agree that Mixup owns and retains all rights to the Demo Content. You further agree that the Demo Content you access, view and listen to as part of the Mixup Services is owned or controlled by Mixup and Mixup's licensors. The Mixup Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Content.
The Mixup Services allow you to upload Content (audio files, text, images etc…) to the Mixup Site. You may use your Content to promote your music, business, artists or enterprise. If you choose to upload Content, you must not submit to the Mixup Services any Content that does not comply with our Terms of Use. The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. YOU UNDERSTAND THAT MIXUP CANNOT BE HELD RESPONSIBLE NOR LIABLE FOR ANY COPYRIGHT INFRINGEMENT OR CLAIMS RELATED TO CONTENT YOU UPLOADED ON THE MIXUP SITE.
Mixup reserves the right to terminate your account hereunder if Mixup, in its sole and absolute discretion, believes that you are in violation of this paragraph.
Intellectual Property, Copyright.
You retain all of your ownership rights in your Content. You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.
Storage and Backup.
When uploading Content on the Mixup Site, you understand that your Content will be stored and replicated on several storage, backup and streaming servers.
While Mixup is doing its best effort to replicate and backup your content for data integrity and uninterrupted streaming services, YOU UNDERSTAND THAT MIXUP’S SOLE PURPOSE IS TO COLLECT COMMENTS ON YOUR CONTENT AND STREAM MUSIC OVER THE INTERNET. MIXUP DOES NOT PROVIDE STORAGE NOR BACKUP SERVICES AND THEREFORE CANNOT BE HELD RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES IF YOUR CONTENT IS LOST DUE TO SERVER FAILURES OR IS ACCIDENTALLY DELETED.
Piracy.
Mixup understands that your Intellectual property matters and is doing its best effort in order to protect it with the current online tools available and sharing strategies. By using the Mixup Services you agree to waive any claim against Mixup and its affiliates regarding any leak or illegal downloads of your content.
The Audio Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Audio Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Audio Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Audio Player in any manner that enables users to view the Content without: (i) displaying visibly both the Audio Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Audio Player is located; and (ii) having full access to all functionality of the Audio Player, including, without limitation, all audio quality and display functionality and all interactive, elective, or click-through advertising functionality.
Customer Service.
If we can be of help to you, please do not hesitate to contact our customer service department at contact@mixup.audio. It would be our pleasure to serve you.
Privacy and Communications Preferences.
Any personally identifying information submitted through the Mixup Site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, Mixup may send you newsletters about new Mixup features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply unsubscribe from the newsletter.
How Our Service Works.
Mixup is an online company providing with music uploading, sharing, commenting and streaming over the Internet through standalone, plugin and web applications. We offer a variety of membership plans at varying price levels including a free plan.
We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Streaming Performance.
Our instant streaming functionality allows you to instantly stream music on our Audio Player. The availability of music streaming will change from time to time. The quality of the music stream may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Mixup makes no representations or warranties about the quality of your instant streaming experience on your device.
4. MIXUP SUBSCRIPTIONS AND BILLING
To purchase payable Mixup Services, you are expressly agreeing that we are authorized to charge you a fee and any applicable taxes through to the credit card or other payment method accepted by PayPal or Stripe ("Payment Method") or any other payment methods that you provided during registration. You must deposit sufficient credit in through PayPal, Stripe or your bank account, which may be made available to Mixup.
Mixup is not responsible for the content or practices of payment websites or your personal bank. Please be careful to read the terms of use and privacy policy of your payment website or bank before you provide any confidential information or engage in any transactions if you choose this Payment Method. You can find the specific details regarding your account and subscription at any time by clicking on Your Account. You agree that your account is for individual use
4.1 Free Plan.
Mixup makes available to you a free plan. If you chose to sign up for a free plan, you understand that every asset (including but not limited to music and, images) will be deleted after the expiration period (currently 1 month) and that your assets will no longer be available, streamable and downloadable from Mixup.
4.2 Recurring Subscriptions.
In the case of a Recurring Subscription, a subscription fee will be billed on each cycle renewal unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You acknowledge that the amount billed each month or at the anniversary date of your billing cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Mixup changes the subscription fee from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes. There are several Recurring Subscription plan available on Mixup. You understand that your actions, features access, storage limitations and assets expiration periods may vary depending on your Recurring Subscription plan.
4.3 Subscription Cancellation.
You are free to cancel the auto-renewal option of your Recurring Subscription at any time by clicking on Your Account and following the detailed procedure. In the case of a Recurring Subscription, the current billing cycle will NOT BE REFUNDED and you will be able to use your Product for the whole duration of this very same billing cycle. The next billing cycles will NOT BE CHARGED AND YOU WILL NO LONGER HAVE ACCESS TO YOUR PRODUCT. YOUR ACCOUNT WILL AUTOMATICALLY BE DOWNGRADED TO OUR FREE PLAN WHERE YOUR MUSIC ASSETS WILL BE DELETED AFTER THE EXPIRATION PERIOD.
4.4 Subscription Refunds.
Payments are non-refundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS. Mixup offers a feature-limited free plan and a 1-month full-featured free trial option in order to test the Services before making any purchase.
4.5 Credit Card Information.
For security reason Mixup does not store your credit card information. Mixup uses third party services in order to store in a secure vault. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information in this secure vault and you authorize us to continue billing your account with the updated information that we obtain.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Mixup. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Mixup representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password.
Please notify us at contact@mixup.audio as soon as you know of, or suspect any unauthorized use of, your account.
Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by notifying us at contact@mixup.audio. Please identify your account (username) and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate or restrict your account or your use of the Mixup Services or access to Content at any time, without notice or liability, if Mixup determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Mixup Services if such use places an undue burden on our networks, storage or streaming servers.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Mixup's policies and practices regarding the collection and use of your personally identifiable information, please read Mixup's Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Mixup Site and use of the Mixup Services on any of the Properties are governed by the Mixup Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
As part of the Mixup Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Mixup Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Mixup Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material ; or (ii) improperly claims the identity of another person.
We permit you to post reviews and ratings of music available through the Mixup Services. We do not regularly review the content posted on the Mixup Site. However, we reserve the right to reject, remove or edit such content at anytime without notice.
Reviews should not be posted that contain: harsh, profane or discriminatory language, illegal, obscene, threatening, defamatory or otherwise objectionable content, URLs, phone numbers, mailing or e-mail addresses, personal attacks on featuring persons or a discussion of Mixup policies or services.
8. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations.
If we provide links or pointers to other websites or destinations, you should not infer or assume that Mixup operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Mixup Services, we will not warn you that you have left the Mixup Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Mixup Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Mixup is not responsible for the content or practices of any website or destination other than the Mixup Site, even if it links to the Mixup Site and even if the website or destination is operated by a company affiliated or otherwise connected with Mixup. By using the Mixup Services, you acknowledge and agree that Mixup is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Mixup Site.
Advertisements.
Mixup takes no responsibility for advertisements or any third party material posted on the Mixup Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Mixup Services are between you and the advertiser, and you agree that Mixup is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS
Mixup, the Mixup logo, https://mixup.audio, and other Mixup marks, graphics, logos, scripts, and sounds are trademarks of Mixup. None of the Mixup trademarks may be copied, downloaded, or otherwise exploited.
10. USE OF INFORMATION SUBMITTED
Mixup is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”, “Request”, “Comments”), including responses to questionnaires or through postings to the Mixup Service, including the Mixup Site and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Mixup Service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note Mixup does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Mixup. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Mixup and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE MIXUP SERVICES, YOU AGREE THAT USE OF THE MIXUP SERVICES IS AT YOUR OWN RISK. THE MIXUP SERVICES, INCLUDING THE MIXUP SITE AND THE OTHER MIXUP APPLICATIONS, THE CONTENT, DOWNLOADABLE FILES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE MIXUP SERVICES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIXUP DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, ONLINE STORAGE, BACKUP, COMPATIBILITY OR NONINFRINGEMENT OR THAT THE MIXUP SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL MIXUP OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "MIXUP PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MIXUP SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE MIXUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE MIXUP SERVICE OR $50 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MIXUP PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE MIXUP SERVICES (INCLUDING YOUR USE OF THE CONTENT). MIXUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.