(last updated: July 05, 2016)
1. Please read and understand the provisions of this agreement on the use of paid subscriptions to MIXUPLOAD service (hereinafter – the Agreement).
3. This Agreement is a legally binding contract defining the terms and conditions of use of paid subscriptions to MIXUPLOAD service providing advanced access to functionality of the Service.
4. This Agreement is an adhesion contract, and its placing in open access is a public offer according to article 437 of the Civil Code of the Russian Federation, placed in the Internet at the following address: http://www.mixupload.com (hereinafter – the Website), and is available through the software (including special) on various user devices (hereinafter – the Service, Mixupload).
5. The Agreement is concluded and has the force of an adhesion contract from the date when the User does the actions specified in clause 10 of the Agreement that means full and unconditional acceptance of all the terms of the Agreement without any exceptions and / or limitations. The User on equal terms with the Administration becomes a Party to the Agreement.
6. The period for acceptance of the Offer is not established. The Offer may be changed by the Administration, and the Administration shall notify individuals about the change of the Offer by posting information about the change of the Offer on the Service.
7. Using the Service in terms of paid subscriptions, the Users are required to comply with this Agreement. In all cases not provided for by this Agreement, the provisions of the User agreement must be followed.
8. To use paid subscriptions to the Service, the User is obliged to carry out actions to register and to create an account in accordance with the provisions provided for by the User Agreement, and then he or she will be given a personal balance.
10. Acceptance of the Agreement as a legally binding document recognizes the User’s click on the button “I ACCEPT THE AGREEMENT” with followed by the User committing actions to pay a subscription according to the terms of the subscription selected by the User.
11. A paid subscription to the Service does not involve execution of any payments by the User for the use of music and other works that are part of the content of the Service.
12. At the expiration of the paid subscription, the access to appropriate sections of the Service becomes unavailable to the User.
13. The payment for subscription can be carried out without direct participation of the User, but with his prior consent on a permanent basis by automatic debiting from a bank account or an account in the electronic payment system (similar services) according to the terms and conditions of the bank and (or) the payment system, subject to the availability of funds available for debiting.
14. The User hereby consents to the debiting by his or her servicing bank and (or) payment system from his or her account when he or she has chosen “automatic renewal” option in his or her account and (or) when he or she has made any kind of paid subscriptions to the Service. Automatic withdrawal of funds for a paid subscription to the Service is carried out on a regular basis in accordance with the chosen by the User subscription period (the debit is made at the beginning of each subsequent subscription period). In order to disable or to change the “automatic renewal” settings, the User should go to the paid subscription section of the Service, available at http://www.mixupload.com/profileedit/services
15. The term of a paid subscription may be 1 month (30 calendar days), 3 months (90 calendar days), 6 months (180 calendar days) and 12 months (365 calendar days). The cost of the subscription is determined in accordance with the terms and conditions in force at the date of the payment (debit), posted in the appropriate section of the Service.
16. The User understands and agrees to pay additional fees to third parties providing payment for a paid subscription to the Service and (or) for other paid sections of the Service. The fee amount for every method of payment is specified in the Service interface (in the appropriate sections of the Service, on the pages of the Website) and (or) in the payment system interface through which payment is made, and may vary depending on the payment method.
17. After making the payment by the User, the corresponding amount (minus the fee of the third party, if it is applicable) is displayed in the personal User's balance in his account.
18. The parties are responsible for non-performance or improper performance of the terms of the Agreement in accordance with the current legislation of the Russian Federation.
19. The User is responsible for the activity committed when he or she uses a paid subscription to the Service, including the correctness of actions and an indication of information in accordance with this Agreement.
20. The user is responsible for the correctness of the amount of the payment and all data requested.
21. Taking into account that the Administration does not actually carry out the transfer of funds and does not have any bank and (or) other services for the transfer of funds, all responsibility for the accuracy of the payments rests solely with the issuing bank / the payment processor (including the mobile operators, if it is applicable) and the User.
22. The parties acknowledge and agree that the Administration is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of e-mail services or scripts for technical reasons. In addition, the Administration is not liable for damages incurred by the User for reasons related to technical failures of hardware or software.
23. The Agreement shall enter into force from the moment the User executes the actions specified in clause 10 of the Agreement, and is valid indefinitely, but within the validity period of the User agreement.
24. This Agreement shall apply to all methods of using a paid subscription to the Service by the User through any devices both through the interface of the Website and through the Service interfaces on mobile devices.
25. In all other cases not provided for in this Agreement, the parties shall be governed by the User agreement and applicable rules of the current legislation of the Russian Federation. In case of contradiction between the terms of this Agreement and the terms of the User agreement, the terms of this Agreement shall be applied.
GENERAL TERMS AND CONDITIONS
USE OF OUR SERVICE
You may use the Mixupload Service only if you can form a binding contract with Mixupload, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Mixupload Service. Any use or access to the Mixupload Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Mixupload Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. Mixupload reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
You must create an account at Mixupload in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mixupload immediately of any breach of security or unauthorized use of your account. Mixupload will not be liable for any losses caused by any unauthorized use of your account.
The Mixupload Service is available through Facebook’s “Facebook Connect” service, which requires an active Facebook account, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Mixupload Service through Facebook Connect, Mixupload may require that your Mixupload user ID be the same as your user name for Facebook. If you sign into Mixupload through Facebook Connect, you will provide your Facebook account credentials to Mixupload, and you are consenting to have the information in that account transmitted into your Mixupload account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
By establishing a Mixupload account and providing us your email address, you consent to our using that email address to send you Mixupload Service-related notices, including any notices required by law, in lieu of communication by snail mail.
All “Content”, including but not limited to the sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the Mixupload Service, including the layout, look and feel, organization is the property of or is licensed to Mixupload, and is protected by U.S. and international intellectual property rights laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Mixupload Service. Use of the Mixupload Content or materials on the Mixupload Service for any purpose not expressly permitted by this Agreement is strictly prohibited. The Content is only for your personal, noncommercial use.
You agree not to engage in any of the following prohibited activities in connection with the Mixupload Service: (i) copying, distributing, or disclosing any part of the Mixupload Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Mixupload Service in a manner that sends more request messages to the Mixupload servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Mixupload Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could disable, overburden, or impair the proper operation of the Mixupload Service, such as a denial of service attack; (vi) uploading invalid data, viruses, worms, or other software agents through the Mixupload Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Mixupload Service; (viii) using the Mixupload Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Mixupload Service; (xi) accessing any content on the Mixupload Service through any technology or means other than those provided or authorized by the Mixupload Service; (xii) bypassing the measures we may use to prevent or restrict access to the Mixupload Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Mixupload Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Mixupload Service.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with Content. You may not play and then re-digitize any Content. You may not create any "derivative works" by altering any of the Content.
You may not access or use the Mixupload Service if you work with or for a competitor of Mixupload, except with Mixupload’s prior written consent. In addition, you may not use or access the Mixupload Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Mixupload Service usage with any third party without Mixupload’s prior written consent.
We may, without prior notice, change the Mixupload Service, stop providing the Mixupload Service or features of the Mixupload Service (to you or generally), or create usage limits for the Mixupload Service. We may permanently or temporarily terminate or suspend your access to the Mixupload Service without notice or liability to Mixupload, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Mixupload Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Mixupload Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Mixupload shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Mixupload Service allows Users to exchange information, messages, images, photos, videos and other content with the other Users of the Mixupload Service; and (ii) send information, messages, images, photos, videos and other content to a computer or other browser-enabled device and receive similar types of content and information from such devices. Any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit using the Mixupload Service shall be referred to as “User Content” for the purposes of this Agreement.
You agree not to transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current; Do anything that could disable, overburden, or impair the proper operation of the Application, the Mixupload Services or the Site, such as a denial of service attack.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Mixupload reserves the right, but is not obligated, to reject and/or remove any User Content that Mixupload believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Mixupload takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Mixupload Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Mixupload shall not be liable for any damages you incur or allege to incur as a result of User Content.
END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Mixupload Service for your personal, non-commercial use, as permitted by the features of the Mixupload Service. Mixupload reserves all rights not expressly granted herein in the Mixupload Service and the Mixupload Content (as defined below). Mixupload may terminate this license at any time for any reason or no reason.
We make available software to access the Mixupload Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Mixupload Service. Mixupload does not warrant that the Mobile Software will be compatible with your mobile device. Mixupload hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Mixupload account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Mixupload may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Mixupload or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
MOBILE SOFTWARE FROM APPLE APP STORE
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. Mixupload and you acknowledge that this Agreement is concluded between Mixupload and you only, and not with Apple Inc. (“Apple”), and as between Mixupload and Apple, Mixupload, not Apple, is solely responsible for the Software and Mixupload Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “Mixupload” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Mixupload and you, the end‐user of the Mobile Software and Mixupload Services, acknowledge that the Agreement is entered into by and between Mixupload and you. Mixupload is solely responsible for the Software and Mixupload Services. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market‐tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market‐policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
MIXUPLOAD PROPRIETARY RIGHTS
Except for your User Content, the Mixupload Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Mixupload Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Mixupload and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Mixupload Service. Use of the Mixupload Content or materials on the Mixupload Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
From time to time, Mixupload may provide additional features and/or Mixupload Services that you pay for (“Premium Mixupload Services”). Mixupload may also offer from time to time in its sole discretion, certain Premium Mixupload Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the Mixupload Service include the Premium Mixupload Services.
Mixupload cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
ELECTRONIC SIGNATURES AND CONTRACTS.
Your use of the Mixupload Service and establishment of an account includes the ability to enter into agreements and/or enter into other transactions, including purchases, electronically. You agree that any submissions you make for electronic transaction constitute your intent and agreement to be bound by the terms of this Agreement and to be bound by such transaction. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Mixupload Service, including notices of cancellation, policies, contracts, and applications
THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless Mixupload and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “Mixupload Parties”), 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 Mixupload Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Mixupload Service with your username, password or other appropriate security code.
THE MIXUPLOAD SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE MIXUPLOAD SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MIXUPLOAD SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MIXUPLOAD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE MIXUPLOAD SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MIXUPLOAD SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE MIXUPLOAD SERVICE.
MIXUPLOAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MIXUPLOAD SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MIXUPLOAD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR MIXUPLOAD SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR MIXUPLOAD SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR MIXUPLOAD SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR MIXUPLOAD SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MIXUPLOAD AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE MIXUPLOAD SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MIXUPLOAD ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MIXUPLOAD PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MIXUPLOAD PARTIES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
As required by the Digital Millennium Copyright Act of 1998, the following individual is designated for notification of potential copyright infringement regarding the Mixupload Service: Leonard Grayver, Esq., 21515 Hawthorne Blvd., Suite 450, Torrance, CA 90503.
If you believe the Mixupload Service infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
It is expected that all Users will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. ARTEC will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its designated agent
You agree that the Mixupload Service shall be deemed solely based in the State of California, USA. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Mixupload hereby expressly consent to the exclusive personal jurisdiction of the courts of Santa Clara County, California.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MIXUPLOAD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
ENTIRE AGREEMENT / SEVERIBILITY
This Agreement, together with any amendments and any additional agreements you may enter into with Mixupload in connection with the Mixupload Service, shall constitute the entire agreement between you and Mixupload concerning the Mixupload Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mixupload’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
THIRD PARTY BENEFICIARIES AND AGREEMENTS
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and Mixupload Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or Mixupload Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mixupload without restriction or notice.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Mixupload Service.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Should you wish to contact us with any questions, complaints or claims with respect to the Mixupload Service, you should visit Mixupload website at www.Mixupload.com or email support@Mixupload.com.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO CONTENT UPLOADS
General. Mixupload Service allows Users who are the rights holders’ (the “Owners”) to certain master recordings (collectively referred to as “Masters”) to upload the Masters to the Mixupload Service for further sale or distribution to the Users in a variety of file or mobile formats.
Grant of Rights. Subject to the terms and conditions of this Agreement, the Owner hereby grants us the non-exclusive right:
To digitally distribute, sell, advertise, publicly perform and broadcast throughout the Territory, the Masters, in all forms of digital or electronically transmitted media now known or hereafter devised, including but not limited to MP3, 128 kbps files and mobile streaming through the Mixupload mobile application, including in an off-line mode (kept in the temporary memory of a mobile device in an encrypted format).
To transmit, distribute, and exploit the Masters via digital download Internet transmission through the Mixupload Service to its users.
To stream or broadcast each Master in any duration as a preview stream on a gratis basis for purposes of inducing users to download the Masters. Owner agrees no royalties or payments thereof shall accrue or be payable with respect to any such gratis preview stream.
To use, on a non-exclusive basis, the name, likeness and biography, approved album artwork, lyrics and liner notes of each artist whose performance is embodied in said Master in connection with the advertising, publicizing or sale of Masters in all configurations.
To directly engage in the digital distribution of the Masters through the Mixupload Service.
To sell Masters to users who may publicly perform the Masters, e.g., radio stations, restaurants and other businesses that may play the Masters for customers at their place of business. The license to allow public performance of the Masters shall apply mutatis mutandis to the users who purchase the Masters through the Mixupload Service.
To collect moneys and retain the money in its accounts for further distribution to the Owner.
Owner’s Warranty. Owner specifically warrants and represents that the Owner owns or otherwise has the right to contract to sell or otherwise distribute the uploaded music, tracks, or files uploaded to the Mixupload Service. In the event that Owner uploads tracks to which the Owner is not an owner or rights holder, Mixupload may remove the offending tracks from the Mixupload Service, and may immediately terminate this Agreement and the Owner’s account.
Restrictions on Mixupload. Mixupload shall not edit, remix, resequence or otherwise alter any Master delivered by Owner to Mixupload in any manner.
Payments. In consideration of the rights granted to Mixupload hereunder, and conditioned upon Owner's performance of the terms and conditions hereof, Owner shall be paid an amount equal to 100% percent of Mixupload’s Gross Receipts (as defined herein) actually received by Mixupload on account of any sale, of the Masters. “Gross Receipts” shall be understood to all monies actually received by Mixupload in relation to the sale, license or exploitation of the Masters hereunder. Mixupload shall deduct any bank or transaction fees prior to providing payment to Owner.
Pricing. Owner shall determine, at the Owner’s own election, to: 1) sell the track at a price determined by Owner; 2) sell the track at a price determined by a proprietary Mixupload algorithm; or, 3) provide the track for free download under the Creative Commons license (to choose the most appropriate Creative Common license you can use the wizard provided by Creative Commons at http://creativecommons.org/choose/).
Payments and Accounting. Mixupload shall pay and account to Owner as follows:
Pay any amount due owner within five (5) business days from receipt of funds by Mixupload. No payment shall be due to Owner until such payments total at least US $15.00 (or its approximate equivalent in foreign currency).
Provide to Owner with each payment a record of all Gross Receipts received by Mixupload.
Provide full reporting on the number of downloads, plays, streams, and other user activity relating to the tracks/files uploaded by Owner.
Owner shall permit Mixupload to deposit and store monies received as payment for the tracks/files in any Mixupload bank account pending future payments to Owner.
Owner shall have the right to audit Mixupload's books and records to verify the accuracy of such statements. Such audits shall be permitted no more than once with respect to any statement and once in each calendar year. Such audits shall be performed at Owner's expense, at the place where Mixupload maintains such records, during Mixupload's normal business hours and on at least thirty (30) days' prior notice. Any objection relating to any accounting statement, or any lawsuit arising therefrom, must be made (and any lawsuit commenced), no later than one (1) year after the date the statement is rendered. Owner hereby waives any longer statute of limitations that may be permitted by law
Owner’s Responsibility. Owner shall be solely responsible for the payment of any publishing, mechanical royalties and any third party payments due to any other royalty participants or rights holders associated with the Masters.
Owner’s Rights. Owner shall have the right to remove the Owner’s tracks from the Mixupload Service at any time, without penalty. Owner shall have the right to distribute the Owner’s music, tracks, or files through any other method of distribution, including other Internet sites or portals. Owner shall have the right to request from Mixupload the statistics (such as, number of downloads, number of times the tracks was listened to, etc.) concerning the Masters uploaded by the Owner to the Mixupload Service.
General Terms. All other General Terms and Conditions to the extent not inconsistent shall apply.
DPM Network Music Distribution (United States)
DPM Network Music Distribution is a company that offers multiple services for Independent Artists, Bands, Record Labels & Music Distribution Companies from Digital Music Distribution to Publishing Administration as well Collections of Mechanical Royalties and many more other services.
AI-TRAX MEDIA (United Kingdom)
WKS LTD (Egypt)
WKS LTD is a modern Egyptian distributor that has taken one of the leading positions in the Middle East and North Africa market. The service is free and available to everyone.
Label Worx (United Kingdom)
Over the past 13 years, Label Worx has grown to become a leading provider of services tailored specifically for the needs of an independent record company. We have become the dance music industries "Go To" company for everything from worldwide distribution, pre-release promo campaign tools, royalty management software and much more.
Our expertise in both the music industry and IT sector has allowed us to design and deliver many technological innovations that have revolutionised the way independent record companies run their businesses.
Symphonic Distribution (United States)
Symphonic Distribution was launched in early 2006 by Jorge Brea, a music producer from Tampa, Florida. The company was launched with the intention of providing new and established record labels cost-effective digital distribution to partners such as iTunes, Beatport, Spotify, Rhapsody, Amazon and more, with a personalized approach to music distribution.
Sundesire Media (Russia)
Worldwide digital distributor of music and video content.
Service made in cooperation with a number of sales platforms in order to distribute and offer the catalog of music label (music tracks and videoclips) for sale via downloads, streams, subscription services through any possible digital distribution channels (e.g. iTunes, Beatport, Juno, Amazon, Spotify, Google Music, Musicload, AOL, Mixupload and more.)
Beatrising specializes in High-Definition Digital Music Distribution with a keen eye and ear focused on electronic music. We handle over 1,400 labels and work with only the best digital stores and new streaming platforms around, all of them.
Unit Media Group (Germany)
Unit Media is a digital media distributor and publisher located in Hamburg
We know from that experience what Label work means and needs.
Be officially certified YouTube partner and Multi-Channel Network in 2016.
iMixes.ru is the online dance music store. Based in Moscow, Russian, have been online since December 2012, and since then they have built a reputation as the most comprehensive source for new and back catalogue dance music. Every day they offer you hundreds new tracks available in high quality MP3 and WAV formats.
NV Media Group (Russia)
New digital music distributor from Russia.
Consolidated Independent (Great Britain)
Consolidated Independent (CI) is the iconic market leader in managed services for the digital music industry, connecting the best independent music with the opportunities of the global market.
CI uses the capabilities of the OpenIMP platform to store, process, and manage audio, video, graphics, text, and the rights and business rules that govern how these assets are used, with workflow and management tools, APIs, and an open development platform. Best in class applications currently connected include catalogue management, b2b pitching and streaming, analytics, royalty reporting, ecommerce.
Terrabyte Studios is an independent distributor for artists, labels, creators, rights holders, and other content creators. We sell on over 150+ stores such as iTunes, Google Play, Spotify, Amazon, Tidal, Beatport, Vevo and many others.
TC GROUP (Russia)
One of the biggest event companies in Russia, which has 9 years of experience in organizing events of different scale and direction of modern club culture. A team of professionals offers a full range of projects ranging from one-time events or tours to long-term contracts for the development of the brand.
DIGITAL DISTRIBUTION AGREEMENT
This Digital Distribution Agreement (the “Agreement”) is entered as of the date set forth in the signature line page, between 29net Solutions, Inc. (the “Company”) and the individual or entity set forth in the signature page below (the “Owner”).
WHEREAS, the Company provides the http://www.mixupload.com website (hereinafter "Site" or “Portal”) for artists, labels, publishers and other rights holders.
WHEREAS, the Owner desires that the Company non-exclusively distribute and sell certain master recordings submitted by the Owner (collectively referred to as "Masters") via the Internet, through Company Portal, through other portals, in a variety of file or mobile formats.
NOW THEREFORE, for valuable consideration, receipt and sufficiency of which is acknowledged, the parties agree as follows:
The term of this Agreement shall be one (1) year from the date Owner uploads an individual digital music track/file to the Company Site. The Agreement will automatically renew for successive one (1) year terms unless terminated in writing by either party thirty (30) days prior to the end of the then current term. For purposes of this Agreement, the term ("Term") is defined as the initial one (1) year period plus any automatic renewal periods.
The territory of this Agreement is worldwide.
3. Owner's Grant of Rights.
During the Term, Owner grants Company a non-exclusive right:
a. To digitally distribute, sell, advertise, publicly perform and broadcast throughout the Territory, the Masters, in all forms of digital or electronically transmitted media now known or hereafter devised, including but not limited to MP3, 128 kbps files and mobile streaming through the Company mobile application.
b. To transmit, distribute, and exploit the Masters via digital download Internet transmission through its Portal to consumers.
c. To stream or broadcast each Master in any duration as a preview stream on a gratis basis for purposes of inducing users to download the Masters. Owner agrees no royalties or payments thereof shall accrue or be payable with respect to any such gratis preview stream.
d. To use, on a non-exclusive basis, the name, likeness and biography, approved album artwork, lyrics and liner notes of each artist whose performance is embodied in said Master in connection with the advertising, publicizing or sale of Masters in all configurations.
e. To directly engage in the digital distribution of the Masters through the Site.
f. To distribute the Masters through other online music stores and aggregators.
g. To sell Masters to users who may publicly perform the Masters, e.g., radio stations, restaurants and other businesses that may play the Masters for customers at its place of business. Company shall not collect royalties on Owner’s behalf. Owner shall, at its election, seek payment of any royalties to which it may be entitled on its own behalf or through performance rights organizations.
4. Specific Track Listing.
Owner grants Company the rights set forth herein with respect to the specific tracks/files uploaded by Owner that are set forth in Exhibit A:
5. Owner’s Warranty.
Owner specifically warrants and represents that it owns or otherwise has the right to contract to sell or otherwise distribute the uploaded music, tracks, or files listed in Section 4, above. In the event that Owner uploads tracks to which it is not an owner or rights holder, Company may remove the offending tracks from its Site, and may immediately terminate the Agreement with Owner, upon written notice, with respect to any and all tracks uploaded to the Site by Owner.
6. Restrictions on Company.
Company shall not edit, remix, resequence or otherwise alter any Master delivered by Owner to Company in any manner.
In consideration of the rights granted to Company hereunder, and conditioned upon Owner's performance of the terms and conditions hereof, Owners shall be paid an amount equal to the Company's Gross Receipts (as defined herein) actually received by Company on account of any sale, of the Masters. "Gross Receipts" shall be understood to all monies actually received by Company in relation to the sale, license or exploitation of the Masters hereunder. Company shall deduct any bank or transaction fees prior to providing payment to Owner.
In consideration of the authorizations granted to Mixupload in this Agreement, Mixupload pays a fee to
the owner in according with the following:
a. For each Download of an Authorized Recording via the Download Service Mixupload pays the Owner a fee in the amount no less than $0.02 US;
b. For each Streaming of an Authorized Recording using the Service for at least the 20% of the duration of the Authorized Recording track Mixupload pays the Provider a fee in the amount no less than $0.002 US.
c. Mixupload shall deduct any bank or transaction fees prior to providing payment to Owner.
d. Mixupload alsoreserves the right to deduct the sum of banking commission from the provider’s reward, related to the money transfer, but no more than 5% of the amount transferred.
9. Payments and Accounting.
Company shall pay and account to Owner as follows:
a. Pay any amount due owner within thirty (30) working days from receipt of funds by Company. No payment shall be due to Owner until such payments total at least $10.00 US or its equivalent in foreign currency.
b. Provide to Owner with each payment a record of all Gross Receipts received by Company.
c. Provide full reporting on the number of downloads, plays, streams, and other user activity relating to the tracks/files uploaded by Owner.
d. Owner shall permit Company to deposit and store monies received as payment for the tracks/files in any Company bank account pending future payments to Owner.
e. Owner shall have the right to audit Company's books and records to verify the accuracy of such statements. Such audits shall be permitted no more than once with respect to any statement and once in each calendar year. Such audits shall be performed at Owner's expense, at the place where Company maintains such records, during Company's normal business hours and on at least thirty (30) days' prior notice. Any objection relating to any accounting statement, or any lawsuit arising therefrom, must be made (and any lawsuit commenced), no later than one (1) year after the date the statement is rendered. Owner hereby waives any longer statute of limitations that may be permitted by law.
10. Owner’s Responsibility.
Owner shall be solely responsible for the payment of any publishing, mechanical royalties and any third party payments due to any other royalty participants or rights holders associated with the Masters.
11. Owner’s Rights.
Owner shall have the right to remove its tracks from the Company Site at any time, without penalty. Owner shall have the right to distribute its music, tracks, or files through any other method of distribution, including other Internet sites or portals.
Company shall have the right to immediately terminate this Agreement, upon the date of e-mailing of written notice to Owner, in the event of any breach of this Agreement.
13. Representations and Warranties.
a. Owner represents and warrants that: (i) it is the owner or rights holder of the Masters; that (ii) it has the right to enter into this Agreement and to perform all of its obligations hereunder; and that (iii) no Masters, artwork, metadata, or any other materials furnished by Owner to Company shall, in whole or in part, infringe upon any other material, or violate or infringe upon any common law or statutory rights of any person, firm or corporation, including, without limitation, contractual rights, copyrights and rights of privacy.
b. Owner agrees to indemnify, defend and hold Company harmless from and against any and all losses, costs and expenses arising out of any breach or alleged breach by Owner of its representations, warranties, covenants, agreements or undertakings pursuant to this Agreement.
d. Company represents and warrants that it has the right to enter into this Agreement and to perform all of its obligations hereunder.
e. Company's aggregate liability hereunder shall not exceed the sums received by Company with respect to the underlying transaction that gave rise to the breach.
a. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, employee, or representative.
b. Company will have the right to assign this Agreement to any affiliate or successor of Company. Owner acknowledges and agrees that neither this Agreement nor any right or interest hereunder may be assigned or transferred by Owner without the express written consent of Company.
c. All notices hereunder shall be sent in writing via e-mail. All notices to Company shall be sent to: firstname.lastname@example.org
d. This Agreement shall be deemed to have been made in and shall be governed by the laws of the State of Nevada.
e. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Las Vegas, Nevada, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. OWNER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THIS AGREEMENT, OWNER AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
f. Owner acknowledges that it has been advised to seek independent legal counsel with respect to this Agreement and that Owner has either sought and obtained such counsel or knowingly and deliberately decided not to do so.
g. Company shall use its commercially reasonable efforts to remove any music, track, or file within three (3) days receipt of written notice by any rights holder that tracks, music, or files were uploaded to the Company Site in violation of any rights holder’s copyright or other legal rights. Company shall, upon written request, provide to rights holders information regarding any illicit uploads within three (3) days of said request.
II. WHAT INFORMATION DOES MIXUPLOAD COLLECT?
A. Information You Provide to Us:
We may anonymize your Personal Information so that you cannot be individually identified and provide that anonymized information to our partners. For example, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you in non-personally identifiable form to allow our advertisers to select the appropriate audience for those advertisements. We might use the fact you have purchased or inquired about a certain brand of apparel, for instance, to show you advertisements for the company that sells that brand, but we will not tell that company who you are.
B. Information Collected Automatically:
When we collect usage information (such as the numbers and frequency of visitors to the Website and to which pages within the Website), we only use such data in aggregate form, in a manner that assures your anonymity. We may provide this aggregate usage information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that our partners, too, can endeavor to provide you with an optimal online experience. For example, we may place a cookie on your device that records what products you have viewed on our Website, and then provide that information, in non-personally-identifiable form, to a third party website, to allow such website to show you ads for similar products that are available from us or from third parties.
We may also deliver a file to you through the Website (known as a "web beacon") from an advertising network we have contracted with. Web beacons allow advertising networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. These beacons may, for example, log that you have viewed a certain product on our Website, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative ("NAI"), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.
We do not honor do-not-track signals from Internet browsers or other consumer choice mechanisms regarding the collection of behavioral tracking data.
C. E-mail and Other Communications:
We may contact you, by email or other means. For example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. Also, we may receive a confirmation when you open an email from us. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings accordingly
III. WILL MIXUPLOAD SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties only as described below:
A. Affiliated Businesses and Third Party Websites We Do Not Control:
In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service. One such service may include the ability for you to automatically transmit information from your MIXUPLOAD account to an account on a third party website or service , such as Facebook. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’s or websites’ policies.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we inform you otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
Mixupload may use third-party services for the following purposes:
(a) to analyze data about users interaction with our Application;
(b) to find and fix bugs and crashes;
(c) to provide customer support;
(c) to enhance, maintaining accessibility, modify or otherwise improve our Application for the benefit of all users.
In accordance with this paragraph, Mixupload uses the following third-party services in its Application:
(i) UserX Analytics (https://userx.pro/) provided by USERX LLC, a company incorporated under Russian law, with a head office registered at 10 Kropotkina St. 205, Voronezh 394030, Russia.
We could collect and transfer to UserX Analytics anonymized data about users’ actions in the app, including:
(a) data about features that users use in the app;
(b) data about users taps and swipes in the app which they make by interacting with application interface;
(c) screenshots captured during the app usage;
(d) virtual device identifier.
All collected data are ANONYMIZED on the side of end-user devices, and DOESN’T CONTAIN any personal or financial information, other sensitive data or user-generated private content. All transmitted data DOESN’T CONTAIN any information resulting from the use of the device camera, microphone, or other user inputs in the Application. All transmitted data are protected by SSL encryption.
C. User Profiles and Content:
Certain user profile information, including without limitation a user’s username and the image content that such user has uploaded to the website may be displayed to other users to facilitate user interaction within the Website or address your request for our services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when you post comments or upload images through the Website and other users can contact you through such comments. If you sign into the Services through Facebook Connect, your list of “friends” from Facebook may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third party site or service.
D. Business Transfers:
We may choose to buy or sell assets. In these types of transactions, customer information (which may include your Personal Information) is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, Personal Information would be one of the assets transferred to or acquired by a third party.
E. Protection of Mixupload and Others:
We may release Personal Information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of MIXUPLOAD, our employees, our users, or others. We may exchange information with other companies and organizations (including governmental authorities) for fraud protection and credit risk reduction.
F. With Your Consent:
IV. IS PERSONAL INFORMATION ABOUT ME SECURE?
Your account is protected by a password for your privacy and security. If you access your account via Facebook Connect, you may have additional or different sign-on protections through Facebook. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password (or other sign-on protections) appropriately and limiting access to your computer or device by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
V. WHAT PERSONAL INFORMATION CAN I ACCESS?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
name and password
shipping and billing information
user profile information and User Content, including images you have uploaded to the site
The information you can view and update may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com.
VI. WHAT CHOICES DO I HAVE?
You can always elect not to disclose information to us. However, please keep in mind that we may need some information to allow you register with us or to take advantage of some or all of our features, and if you choose not to provide that information, your ability to use our Website and services may be limited.
You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by visiting your account settings. Please note that some information may remain in our private records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information even if you update or delete it, but we will not use that information in a manner that would identify you personally.
VIII. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org. We will make every effort to resolve your concerns.
(last updated: July 05, 2016)
INTODUCTION (GENERAL CONDITIONS, SUBJECT of AGREEMENT)
01. Please read and understand the terms of this User Agreement (hereinafter – the User Agreement, the Agreement). The Agreement is a legally binding contract that determines the conditions and rules of using the service that is located at mixupload.com (hereinafter – the Website) and is available through the software (including special) on various user devices (hereinafter – the Service, Mixupload).
02. The Service is a social network of electronic music, the features of the functioning of which are set out in the Agreement.
03. The Agreement is an open and public document, the terms of which apply to any visitors of the Website, users of the Service and (or) other persons who have got access to the Service (hereinafter – the Users).
04. The subject of the User Agreement is the relationship between the Users and the rights holder and the administrator of the Service,a limited liability company “Mixupload” (OGRN / Primary State Registration Number 1117746158386, INN / Individual Taxpayer Number 7731401956, the location address is 127550, Russian Federation, Moscow, Pryanishnikove st, 5a) (further – the Administration), about the use of the Service, any functionality of the Service, its sections and services, software, and about the results of intellectual activity placed on the Service in the limits envisaged by the Agreement.
05. The User Agreement is a contract of adhesion, andits placement in open access is a public offer according to article 437 of the Civil Code of the Russian Federation.Acceptance of the User agreementrecognizes User's use of the Service, any of its services, features, familiarization with any posted Content using any software with registration on the Service and without it. Acceptance of the User agreement means unconditional consent with all clauses of the Agreement and unconditional acceptance of all its terms and conditions, including acceptance of all obligations stipulated by the Agreement. Ignorance of the provisions of this Agreement shall not relieve the Users from responsibility for failure to comply with conditions of the Agreement.
06. The rights holder and administrator of the Service (hereinafter – the Administration) have the right to unilaterally change and (or) supplement the terms of this Agreement at any time without prior notice to the Users. Such changes and (or) amendments shall enter into force after seven (7) days from the date of posting the new version of the Agreement on the Website. The continued use of the Service after seven (7) days from the date of posting the new version of the Agreement is its acceptance of the User with unconditional consentwith its conditions, taking into account all the changes and (or) amendments made to it.
07. The User shall independently and regularly, namely every 14 (fourteen) calendar days, get acquainted with the current version of the Agreement posted in open access on the Internet at mixupload.com/about/agreement.
08. In case of User’s disagreement with introduced changes (amendments) both fully and in part, he or she shall immediately cease to use the Service, and if you have an account on the Service, remove it.
09. Using the Service, the Users are required to comply with this Agreement and any additional agreements. If the provisions of this Agreement are contrary to the additional ones, the latter have priority.
10. Using the Service, the Users can access individual services (separate sections), which administration is carried out by third parties – the Service partners. The relationship between the Users and the partners of the Service are governed by separate agreements.
11. Using the services of Service Partners for the convenience of the Users is carried out with the help of their unified account on the Service. To use the Service partners services, the Users may be required to provide consent to the transfer of their account data to the partners maintaining the principles and policy of confidentiality specified in this Agreement.
12. The administration is not a party to the legal relationship between the Users and the Service partners regarding the use of the individual services and is not responsible towards the Usersin this regard. However, the Administration may act as a mediator in cases wherethis is due to the specific of using the Service and individual services.
13. The User hereby confirms that he or she has reached the age of 18 or other older age established as a minimum age allowed in the country of location of the User for using the Service. The User who has not reached the required age undertakes to refrain from using the Service. Otherwise liability for violation of the terms of this paragraph of the Agreement by the User who has not reached the required age rests with parents, adopters, guardians, curators or other legal representatives in accordance with the current legislation of the respective country of the User's location. The Administration is not responsible for the legality of the use of the Service by the User.
USER REGISTRATION AND MIXUPLOAD ACCOUNT
14. To get the full access to the Service, the User is required to registerthat envisages the creation of a User account.
15. Registration for the Service is free and voluntary. The User may not register more than one account.
16. User registration on the Service may be implemented by using registered social network accounts, namely using the account in the social network “VK” / “Vkontakte”,access to which is provided through the Internet at www.vk.com, or using the account in the social network “Facebook”,access to which is provided through the Internet at www.facebook.com. In the case of registration in the specified ways, the User ensures that he or she completely fulfills all the requirements for those services (social networks) to their users.
17. The User is obliged to provide when registering (creating an account) accurate, current and complete information about yourself, which may be requested by the registration forms of the Service. For the use by the User certain services and functionality of the Service, the User may be asked for additional information for its application in the account data.
18. The User acknowledges and accepts that the provision of false information to the Administration may result in not receiving relevant information, notifications, warnings from the Administration, and termination of this Agreement.
19. The Administration has the right to store and process any information entered by the User on the Service or delivered to the Administration by other means (including IP and MAC addresses of the User, data on the User's location, operating system version and configuration of the devices with which the User accesses the Service, etc.).
20. The Administration takes necessary and sufficient organizational and technical measures to protect personal information from unauthorized access, destruction, modification, blocking, copying, dissemination, as well as from other unlawful actions of third parties.
21. The User gives his or her consent to the processing, including the use of cross-border transmission of data by the Administration or by third parties on behalf of the Administration, of personal data provided by the User, in particular his or her name, surname, pseudonym, date of birth, e-mail address and username, gender, age, and other things, for the following purposes: (1) identification of the User in the context of the use of the Service; (2) providing the possibility of using the Service, providing the access to the specific functionality of the Service to the User; (3) communication with the User, including sending notifications, requests and information concerning using the Service, as well as handling queries and requests from the User; (4) improvement the quality of the Service, convenience of its use; (5) distribution of promotional materials.
22. The User acknowledges and agrees that, when the cross-border transfer of personal data is carried out the recipients of such data may be located in foreign countries that do not provide adequate protection of the rights of personal data subjects. In this case, the Administration shall take all appropriate steps to ensure the confidentiality and security of any personal data transferred to the territory of any foreign countries.
23. Processing of personal data means any action (operation) or set of actions (operations) committed with using of automatic resources or without using of such means with personal data, including collection, recording, systematization, accumulation, storage, elaboration (updating, modification), extraction, use, transfer (distribution, providing, access), depersonalization, blocking, deletion, destruction of personal data.
24. The User’s consent to the processing of personal data is valid and the period of use of personal data is valid during the term of using the Service by the User and during 5 (five) years after the last fact of the User's access to the Service if a longer period is not provided by the current legislation applicable to the Agreement.
25. If the User finds it necessary to withdraw his or her consent to the processing of personal data, the User should send a notification to the Administration by means of feedback in his or her account. In this case, the Administration removes the User’s account and its personal information. The right provided in this paragraph may be restricted in accordance with the requirements of the current legislation. In particular, such restrictions may include the obligation of the Service to keep remote by the User information for a period specified by the legislation, and to transmit such information in accordance with the statutory procedure to the public authority.
27. When the User uses the mobile or other MIXUPLOAD applications, the Administration may obtain device information, including its model, operating system, screen resolution, unique ID.
28. The User has no right to pass his username and password to third parties andis fully responsible for their safety independently choosing a way to store them.
29. If the User places the data related in accordance with the current legislation of the Russian Federation to personal data in their own account, the User, by accepting the terms of this Agreement, expresses their understanding and agreement that such personal data are provided voluntarily by the Userand expresses consent to the processing by the Administration of all personal data provided to them by all the ways envisaged by the legislation of the Russian Federation in order to fulfill by the Administration itsobligations under the Agreement and to fulfill the requirements of the legislation of the Russian Federation.
30. When processing personal data of the User, the Administration undertakes to take organizational and technical measures to protect them from unauthorized access by persons who are not the Users of the Service. The User expresses their understanding that, as a result of technical faults and other circumstances beyond the Administration, the User's personal data can be used by any third parties in violation of the rights and interests of the User. The Administration is not responsible for this violation of the rights and interests of the User.
31. The User's personal data are processed during the period of his or her use of the Service.
32. The User is obliged to update the personal information and other information that he or she provided at registration to keep it accurate, current and complete.
33. In case of unauthorized access to login and password or distribution of login and password, the User is obliged to inform the Administration, in accordance with established procedure.
34. The User is solely responsible for any actions performed by them using their account and for any consequences that such a use could entail or entailed.
35. The User agrees that the appropriate notice from the Administration for any questions related to the use of the Service is sending him or her the e-mail to the email address provided by the User during registration (or during updating the account data). The User is solely responsible for obtaining any notifications sent by the Administration to their email address.
36. Access to the Service provided to the Users solely for a personal noncommercial use.
37. The use of the Service is carried out by the User free of charge with the exception of certain functionality of the Service, the use of which is regulated by special additional agreements.
38. The functionality of the Service supports interoperability with the latest versions of the browsers officially released by their developers.
39. The User shall not reproduce, repeat, copy, sell, resell, and use in any way for any commercial purposes the Service and (or) any part of the contents of the Service without the express written consent of the Administration and (or) of the right holders of the intellectual activity results posted on the Service.
40. Using the Service, the User is prohibited to download, store, publish, distribute, and provide access or otherwise use any information which contains threats, discredits, offends, denigrates the honor and dignity or business reputation or violates the privacy of other users or third parties;violates the rights of minors; is vulgar or obscene, contains foul language, contains pornographic images and texts or scenes of a sexual nature involving minors; contains scenes of violence or inhumane treatment of animals; contains a description of the means and methods of suicide, any incitement to commit it; propagandizes and (or) fuels racial, religious, ethnic hatred or hostility, propagandizes fascism or ideology of racial superiority; contains extremist materials; propagandizes criminal activity or contains advices, instructions or guides on committing criminal acts, contains restricted information, including but not limited to, state and commercial secrets, information about private life of third persons; contains advertising or describes the attractiveness of using drugs, including "digital drugs" (audio files affecting the human brain through binaural rhythms), information on drug dealing, its manufacture recipes and directions about using; is fraudulent, and violates other rights and interests of citizens and legal entities or requirements of Russian legislation.
41. During using the Service, the User is prohibited to illegally download, store, publish, distribute, and provide access or otherwise usethe intellectual property of other users or third parties; to upload, store, publish, distribute, and provide access or otherwise use viruses, Trojans, and other malware.
42. The User undertakes not to change and (or) not to modify (and not to make an appropriate attempt) any part of the Service (including any software hosted on the Service), and not to use the Service and the results of intellectual activity placed on it for commercial purposes.
43. The Service is not involved in interaction of the Users (with the exception of the provision of appropriate technical capabilities), and is not responsible for the relationship between Users and (or) for any of their actions in this regard with the use of the Service.
44. The Administration is not responsible for possible failures and interruptions in the operation of the Service, as well as for loss of information and any damage that may be caused to the User or third parties caused by these circumstances. The Administration shall promptly restore the functionality of the Service.
45. The Administration of the Service has the right to make changes to design and content of the Service, to change or to supplement any sections and documents of the Service, to modify its software.
46. The User gives the Administration consent to receive promotional information posted on the Service.
47. The Users are given the opportunity to use the Service through mobile devices if they have compatible software (operating system).The software that allows the user to such a use is Mixupload mobile application. Using Mixupload mobile application is possible with mobile devices running on iOS and Android operating systems.
48. The Service provides the Users free of charge with a simple nonexclusive license to Mixupload mobile applicationin the entire world without the right to its transfer to third partieswith the preservation of the right of the Administration to unilaterally revoke the granted license at any time.
49. All used and posted on the Service results of intellectual activity, as well as the Service itself, are the intellectual property of their respective copyright holders and are protected by the legislation of the Russian Federation, as well as by relevant international legal agreements and conventions ratified by the Russian Federation (hereinafter – the Content). Any use of the results of intellectual activities posted on the Service (including visual design elements of the Service, symbols, texts, images, illustrations, photos, videos, computer programs, music files, sound files and other objects) without permission of the Administration or of the rights holder of the intellectual property is illegal.
50. The design of the Service, the order of presentation and arrangement of materials on the Service are protected as objects of the copyright, belonging to the Administration. The exclusive right of the Administration applies to the selection, location and classification of the data contained on the Service.
51. The service has sections where creation and management of the Content are carried out exclusively by the Administration as its legitimate holder.
52. The Service provides the Users with the technical ability when they visit the Website, as well as use special software (including using mobile devices),on the terms provided in the Agreement, to share information and messages, to get acquainted with pieces of music or sound files posted on the Service, to view video content in streaming mode, to store and to place on the Service results of intellectual activitylegitimately used by the Users.
53. Digital files stored and posted by Users on the Service, including the results of intellectual activity, are referred to as the User-generated content.
54. Any loading of the User-generated content is carried out exclusively at the discretion of the Users who retain all the rights to it belonging to them.
55. Loading the User-generated content, the User guarantees that he or she is a legal copyright holder of relevant intellectual activity results,uses them legally and gives unconditional consent to their public placement and storage on the Service with the possibility of access to third parties – to the Users of the Service.
56. The administration may copy user-uploaded files in order to uphold the technological process of storing and placing the User-generated content on the Service.
57. The User agrees that he or she is solely responsible for his or her own Content and for the consequences of uploading and posting it on the Service.
58. The User undertakes not to upload, not to post or not to make available through the Service the User-generated content that is a subject of copyright or other rights of third parties.
59. The Administration does not have any impact on the integrity and content of the User-generated content with the exception of changes undertaken solely to support storing of the User-generated content and posting it using functionality of the Service.
60. The Administration of the Website reserves the right to conduct pre-screening of the posted User-generated content. This screening is selective and its implementation is not the responsibility of the Administration.
61. The Administration may carry out the systematization of the User-generated content posted on the Service.
62. The User agrees that the compilation of the Content on the Service or the links to them that are created and (or) posted by the User using the Service are not collections in the sense of article 1260 of the Civil Code of the Russian Federation, are not protected as intellectual property and, at the request of the User, can be available to all other users of the Service for viewing. The administration is not responsible for any use of such compilations or links by third parties.
63. The Administration is not responsible for any information posted on the Service to which the User has access through the Service or through the Content of third parties.
64. The User is solely responsible for the actions of the Users associated with placing of the User-generated content on the Service. Violation of the terms of this Agreement and the applicable legislation of the Russian Federation may entail civil, administrative and criminal responsibility for such offences.
65. Ensuring the operation of the Service, including in connection with the use of the Content, the Administration is based on the principle of "zero tolerance" to violation of the rights to results of intellectual activity.
66. The Administration has the right to unilaterally and without explanation both in its sole discretion and upon receipt of an appropriate treatment by the Users and (or) third parties remove any Content posted on the Service or block access to it for the Users. The User agrees that the Administration is not responsible for any harm that may be caused by such actions.
67. In case a violation of the provisions of the Agreement by the User,including associated with the violation of the intellectual property rights of third parties,the Administration has the right to unilaterally delete the account of the User and, if technically possible, to block his access to the Service.
68. If technically possible, the Administration takes measures to prevent re-posting on the Service identical objects of the intellectual property violating the rights of third parties.
69. The administration has the right to unilaterally make any modification of the Service associated with the implementation of preventive measures to prevent possible violations of third party rights to results of intellectual activities (including through the implementation of new software).
70. Notifications and notices of violation of the rights to results of intellectual activity may be directed by the authors and rights holders through this section of the Website: http://www.mixupload.com/about/rightholder.The direction of the appropriate notifications and notices through the Service is required.
LINKS TO THIRD PARTY RESOURCES
71. The service may contain links to websites of third parties, as well as announcements placed by them (including advertising, event messages, specials offers, etc.). These third parties and their content are not checked by the Service for compliance with certain requirements (authenticity, completeness, legality, etc.). The Service is not responsible for the content of websites of third parties, including any opinions or statements, advertising, etc., and for the availability of such websites or content and consequences of their use by the User.
72. The Agreement shall be concluded for an indefinite period and applies to all Users of the Service, at that,both using the Service before the date of placement of the Agreement in the public domain and after the placement.
73. In respect of each of the User, the Agreement shall enter into force as soon as the User has joined the Agreement.
74. The Agreement shall be construed in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the rules and principles of Russian legislation.
75. The parties (the User and the Administration) agree that all disputes arising from the relationship under this Agreement shall be settled through negotiations. Otherwise, the dispute shall be settled in accordance with the requirements of current legislation of the Russian Federation at the place of residence of the Administration. Extrajudicial dispute settlement is mandatory for the Users and the Administration.
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29 net solutions Inc.
6236 W Desert Inn Rd Ste 100
Las Vegas, NV 89146