Last Updated : January 09, 2015
BY USING OR ACCESSING ANY MIXTURA PRODUCTIONS SERVICES, YOU ARE CONSIDERED A USER AND AGREE TO ACCEPT ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF PHYSICAL LOCATION.
Mixtura Productions provides Users with access to Services in relation to music artists and content regarding music artists such as blogs, forums, games, music, text, and other pertinent content (herein known as “Services”).
The term “User” or “Users” used throughout the Agreement, shall refer to any individual or company representative who is representing the Users entity and its affiliates. Any User that represents a company or as an individual and has the authority as an entity, is stating they have full consent and authority from the company to bind all Terms of this Agreement.
Users accept this Agreement, and its Terms by simply using the Website, its Services, and any subsidiaries, or sub-domains, which shall indicate User acceptance or by completing any form that references this Agreement, in which such User is agreeing to the Terms defined within. If for any reason a User doesn’t agree with any Terms, the User is required to log off the Website immediately.
Mixtura Productions reserves the right to modify, reject or eliminate any material residing on or transmitted to its Website, this Agreement or any other policies that it, in its sole discretion, believes is unacceptable or is in violation of the law or these Terms. Users agree to be compliant when using Mixtura Productions and its Website policies, including this Agreement with regards to all local, state, national, and international laws, rules and regulations, as well as any laws regarding the transmission of technical data exported from the Users country of residence. This Website may or may not be deemed appropriate to view by some countries, and we hold no liability for such laws or restrictions. Furthermore, Mixtura Productions holds the right to limit the accessibility of this Website and its Services, in whole or in part, to any User whether individual or entity, in any jurisdiction deemed appropriate at any time.
No User shall use the Website for any fraudulent or inappropriate purposes and Users agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Website to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by Mixtura Productions. Users agree not to resell, reproduce or take advantage of any part of our Website by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission.
Mixtura Productions reserves the right to seek all remedies available at law and in equity for violation of these Terms. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate. We may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
No harassment, discrimination, or abuse is tolerated within the Website. Any abuse complaints shall be thoroughly investigated and may be reported to the Users local authorities, and charges may be brought against that User both civilly and criminally. Mixtura Productions cooperates fully with law enforcement and shall provide any and all records requested within the law or by court order. Furthermore, if any of the above is conducted while using contact information obtained within the Website, we hold the right to restrict any User from access to our Website at any given time for such breach of Terms.
Users agree not to conduct the following, but are not limited to:
- Engage in any type of activity that negatively affects the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorization or registering multiple subscriptions under the same or different names; these activities include:
- Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
- Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
- Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Website.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Agree that User shall not harvest, collect or store information about the Users of this Website or the content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
Users acknowledge Mixtura Productions is not responsible for material submitted or posted by its Users. Users acknowledge and agree the content viewed, submitted or posted is at their own discretion and risk and the views expressed do not reflect the views of Mixtura Productions or its staff. Mixtura Productions does not support or endorse contributed content, whether or not it has been edited by Mixtura Productions and we have the right, at our sole discretion, to refuse, reject, deny or remove any content, in whole or part, that does not comply with these Terms or any other policy we have posted or otherwise is undesirable, inappropriate or inaccurate. Mixtura Productions holds the right to Terminate User access or any User account at any time deemed necessary and/or appropriate for any reason.
MIXTURA PRODUCTIONS IS NOT RESPONSIBLE FOR ANY FAILURE, NON-FAILURE OR DELAY IN REMOVING SUCH CONTENT. USERS SHALL REMAIN RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF SUCH SUBMITTED MATERIAL, INCLUDING ANY CONTRIBUTION TO WE MAKE. USERS AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF THE WEBSITE, ITS SERVICES OR ANY OTHER BREACH OF SECURITY KNOWN OR SUSPECTED.
USERS DATA PROTECTION
Mixtura Productions shall maintain reasonable administrative, physical, and technical safeguard methods for protection of the security, confidentiality and integrity of all User Data. Mixtura Productions shall not modify, disclose (except as compelled by law), or access User data except to prevent technical problems, or at User request in connection with User support issues.
RESPONSIBLY OF USER
User shall be responsible for fulfilling the Terms of this Agreement and any other Policies on the Website. All Users are responsible for supplying us with accurate data at all times and modifying any User information immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the data.
Users are required to conform to reasonable efforts not to enter or present any unauthorized access to or use of the Website at any time, and agree to contact Mixtura Productions via email at [email protected] when any such breach occurs. Furthermore, Users agree to only use the Website or any of its services in accordance with this Agreement and applicable laws and government regulations.
Users agree not to conduct the following:
- sell, resell, rent or lease any content, marks, or services within the Website;
- store, transmit infringing, libelous, unlawful, indirect material, or in violation of third-party privacy rights data;
- store or transmit Malicious Codes;
- interfere with the performance of the Website, services or any third-party data; or
- try to gain unauthorized access to the Website, user accounts unauthorized to access, services or any related systems.
PLEASE NOTE THAT UNAUTHORIZED USE OF THIS WEBSITE OR ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
INTELLECTUAL PROPERTY RIGHTS
All rights reserved. No part of Mixtura Productions patterns may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the copyright owners. All Users acknowledge Mixtura Productions is the sole owner of all interest, rights, and title to its Website domain, Website exclusive design, its exclusive content and design, HTML, database, back-end code, and its services, including without limitation exclusive rights to:
- Web Content and Images
All intellectual property rights are protected by International Intellectual Property Laws. Users shall not copy, alter, modify, or create plagiaristic works from the Website or its services. Users agree not to not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website or its services. Users may only utilize patterns or any other materials provided to them by Mixtura Productions when we provide such permission in writing.
Users must be at least thirteen (13) years of age to use this Website or its Services. The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children less than thirteen (13) years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13. Any person who provides personal information through the Website represents to us that they are at least thirteen (13) years of age or older. If we learn that personal information has been collected from a User under thirteen (13) years of age on or through the Website, we will take the appropriate steps to deactivate the account, any associated with the child account, and delete any personal information of that child. Parents need to take an active role in their children and monitor what their viewing on the internet. We take no responsibility of any kind, for any child under thirteen (13) years of age accessing our Website and submitting their information voluntarily. All Users are required to submit the most current and accurate identifiable information required as part of the registration process. During the use of our Website, Users are required to maintain their accounts and update any necessary information, keeping the confidentiality of User account information and password is the responsibility of the User. Furthermore, all Users are held responsible for activity in which occurred while they allowed another individual to utilize the Users account. Pursuant to 47 U.S.C. §230(d), we hereby notify Users and parents of Users of Parental Control Protections and are commercially available to assist in limiting access to material with potential of being harmful to minors. Mixtura Productions does not endorse the products or services located at http://onguardonline.gov/; however, this government website has been useful to some in protecting minors.
NO ENDORSEMENTS DISCLAIMER
Mixtura Productions does not represent the accuracy, legality, legitimacy, validity or reliability of any statements, quotes, services, or any promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, or accessed from the Mixtura Productions Website or its Blog postings. References that we make to any names, marks, products or services of third parties or hypertext links to third party Websites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by User as a result of an advertisement or any other information or offer in or in connection with the Mixtura Productions Website.
Mixtura Productions reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of its Website. Where appropriate, we shall attempt to update information listed on the Website in a timely manner, but shall not be liable for any inaccuracies.
Links to external internet websites may from time to time be provided within the content of the Website as a convenience to Users. The listing of an external Website does not imply endorsement of the website by Mixtura Productions. No representations regarding the availability and performance of any Websites to which we provide links to. If a User decides to click on any sponsor link or other external link from the Website, a browser may automatically direct you to a new browser window that is not hosted or controlled by Mixtura Productions. Mixtura Productions and its affiliates are not responsible for the content, functionality, or technological safety of those external Websites.
WARRANTY & LIABILITY
Mixtura Productions does not warrant that any use of the Website shall meet any Users requirements and reliance upon any materials, and any use of the internet in general shall be at Users own risk. Mixtura Productions denies any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed. Some countries, states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to all Users. Furthermore, Users expressly understand and agree that Mixtura Productions shall not be liable for any direct or indirect, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodshall, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from Users usage of the Website.
LIMITATION OF LIABILITY
Users expressly understand and agree that Mixtura Productions and its subsidiaries (if any), affiliates, employees, agents, partners and licensors shall not be liable to Users for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodshall, use, data or other intangible losses. Even if Mixtura Productions has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
MIXTURA PRODUCTIONS WEBSITE AND ITS SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
MIXTURA PRODUCTIONS MAKES NO REPRESENTATION OR WARRANTY THAT ITS WEBSITE, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE IS OR SHALL BE ACCURATE, COMPLETE, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR SOFTWARE OR HARDWARE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING OUR WEBSITE, ITS SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE SHALL FUNCTION IN ANY MANNER.
USERS HEREBY AGREE THAT IT IS THE USERS SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE WEBSITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, EQUIPMENT, DEVICES, SYSTEMS OR SERVICES THAT USES SHALL USE SHALL FUNCTION CORRECTLY WITH THE WEBSITE, ITS SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.
USERS AGREE TO BE HELD RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.
MIXTURA PRODUCTIONS, AFFILIATES AND RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION PROVIDED IN CONNECTION WITH USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.
MIXTURA PRODUCTIONS, AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM USERS USE OF THE WEBSITE OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE WEBSITE. USERS SOLE AND EXCLUSIVE REMEDIES FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND LOG OFF.
Users hereby agree to hold harmless and indemnify Mixtura Productions to the fullest extent permitted by law, as such this Agreement may be amended from time to time. As well indemnify and hold harmless all its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to Users use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
MIXTURA PRODUCTIONS IS ONLY LEGALLY LIABLE FOR A MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE. FOR EXAMPLE, IF A USER PAID ZERO FEES TO ACCESS THIS WEBSITE, THAT USER WOULD BE ELIGIBLE FOR AN AMOUNT OF ZERO IN DAMAGES.
APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO EACH USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO EVERY USER, AND MAY HAVE ADDITIONAL RIGHTS.
JURISDICTION AND ARBITRATION
By visiting the Website, Users agree to the laws of the State of Florida, U.S., without regard to principles of conflict of laws, shall govern this Agreement and any dispute of any sort that might arise between any Users and Mixtura Productions relating to this Agreement. Any dispute relating in any way to a User visit to or use of the Website shall be decided legally only in an arbitration proceeding in the jurisdiction of choice by Mixtura Productions in the State of Florida, U.S. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
Users understand they shall be expected to pay immediately any and all reasonable attorney fees and all other costs incurred to collect fees or charges due under this Agreement and acceptable per law in the State of Florida, U.S.
Users agree that if any provision of this Agreement is held by a court of jurisdiction within the State of Florida, U.S. and is held to be contrary to law, the provision shall be modified by the court and all parties shall interpret this Agreement to accomplish the objectives of the original provision to the fullest degree permitted by law, and the remaining provisions of this Agreement shall remain in effect as if nothing had ever transpired.
This Agreement, and any other policy listed within our Website, constitutes the entire Agreement between Users and Mixtura Productions with respect to this Website and its Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Users and Mixtura Productions. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Mixtura Productions reserves the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate. We may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. Mixtura Productions reserves the right to seek all remedies available at law and in equity for violation of these Terms. Breach of any of the above mentioned shall result in immediate Termination of this Agreement, the Users account Terminated, and may subject the User to penalties within the State of Florida, U.S., and other legal consequences internationally, depending on User location.