By entering and/or subscribing to the Site as a member you certify that you either:
- That you are entering and accessing this Site entirely as a professional in the entertainment industry whose profession is disc jockeying (which includes, but is not limited to: producing, promoting and any other activities customarily performed by such a disc jockey) and you agree to use the site solely for those purposes;
- You are of at minimum thirteen (13) years of age; and
- If you are under eighteen (18) years of age, your parents or legal guardians will have provided their required, express consent for you to access the Site and be thereby bound by all of the terms and conditions contained therein.
NATURE OF THE SERVICES
The purpose of the Platform provided through the Website and Apps (“Purpose”) is to provide a platform where registered users (“Account Holders”) may submit, upload, and post audio, text, photos, pictures, graphics, comments and other content, data, or information (collectively, “Content”), which will be stored by Remixed & Mashed at the direction of such Account Holders, and may be shared and distributed by such Account Holders using the tools and features provided by and accessible via the Website, Apps and elsewhere. The Website also enables Account Holders to interact with one another and to contribute to discussions, and enables any Account Holders of the Platform to view, listen to and share Content uploaded and made available by Account Holders.
We make no representations or warranties as to the fitness or quality of Content posted in the Platform or that Account Holders have rights to post any Content. We do, however, require Account Holders to represent and warrant that the Content they post will not infringe third party rights, including intellectual property rights. We also reserve the right to screen for pornography, extreme violence, all forms of propaganda and advertising and Content that otherwise infringe third party rights. Should any Content be deemed to fall within these categories, the Content and Account Holders who post them may be removed and permanently banned from the Website.
YOUR USE OF THE PLATFORM
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
- any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Remixed & Mashed’s reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Remixed & Mashed’s reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, including exploiting or harming minors or uploading personal information, including photographs or contact information of individuals who are under 13 years of age, give rise to civil liability or otherwise violate any law or regulation.
(x) You must not collect or provide funds, directly or indirectly, in order to carry out crimes, contribute to or facilitate the activities of a criminal organization, or instruct anyone to carry out a criminal activity, including doing any of the foregoing in relation to a listed entity under s. 83.05 of Part II.1 of the Criminal Code of Canada or any such similar legislation in your local jurisdiction.
(xi) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
(xii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xiii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Remixed & Mashed employee.
(xiv) You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
(xv) You must not sell or transfer, or offer to sell or transfer, any Remixed & Mashed account to any third party without the prior written approval of Remixed & Mashed.
(xvi) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Remixed & Mashed, unless provided explicitly by Remixed & Mashed as part of an Account Holder’s current and valid subscription.
Remixed & Mashed does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Remixed & Mashed shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
GRANT OF LICENSE
By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services.
Removal of audio Content from your account will automatically result in the deletion of the relevant files from Remixed & Mashed’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Remixed & Mashed is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
REPRESENTATIONS AND WARRANTIES
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Remixed & Mashed, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Remixed & Mashed reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
LIABILITY FOR CONTENT
You hereby acknowledge and agree that Remixed & Mashed (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Remixed & Mashed excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Remixed & Mashed and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Remixed & Mashed or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Some Content may be labelled or tagged as “clean” or “explicit” depending on the lyrical content of the song or any other aspect of the Content which may be deemed profane, obscene, or offend a consumer’s sensibilities in any other way. Remixed & Mashed cannot and does not review the Content to ensure the accuracy of these labels and cannot and does not ensure that any version of any music, song, or Content, whether labelled “clean”, “explicit” or not labelled at all, meets the requirements of the Canadian Radio-television and Telecommunications Commission in regard to the transmission of profane or obscene language, or any other national or international law which may be applicable where the transmission occurs. It is the sole responsibility of the Account Holder and the person responsible for any transmission to ensure that any Content provided by Remixed & Mashed is in accordance with any laws or regulations in the jurisdiction of the transmitter regarding profane or obscene content and Remixed & Mashed is hereby released from any liability or responsibility for the transmission of profane or obscene content that may be done by an Account Holder or anyone else who has accessed content from the Platform.
AVAILABILITY OF SERVICES
The Services are only available to individuals of legal age to form a binding contract with Remixed & Mashed and who otherwise have the authority to create a legally binding agreement.
MODIFICATION OF SERVICES
We reserve the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
OWNERSHIP OF WEBSITE AND CONTENT
Only Account Holders are able to post Content. Anyone can become an Account Holder by creating a profile (see below).
We do not pre-screen Content and, as such, we cannot not guarantee the accuracy, integrity, quality or legality of any Content. All Content is the sole responsibility of the Account Holders who post them.
You understand that by using the Service, you may be exposed to Content that is offensive, false or otherwise objectionable.
Users are able to report objectionable Content to us. We have the right (but not the obligation) in our sole discretion to refuse or remove any Content. Unless specifically indicated, all Content is public and not private.
By posting Content on the Website, you grant to us a royalty-free and on-going right to use, reproduce and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through sub-licensees. Your license of any Content extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. You warrant that any moral rights in Content has been waived.
Notwithstanding the above, we undertake not to reproduce any Content posted by you on media other than the Website without seeking and obtaining your expressed written permission.
WEBSITES OF OTHERS
From time to time, the Platform may contain links to websites maintained by other parties. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites by other parties, you do so at your own risk.
ACCOUNT, PASSWORD, AND SECURITY
When you sign up or register on the Website as an Account Holder, you will be prompted to provide information, including contact information and a password. This information will be used to set up your account so that you can post Content. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including Content posted from your account. You must immediately notify us of any unauthorized use of your password or account or any other breach of security. You must also be truthful in all aspects of your registration and agree to maintain and promptly update the Account Holder information to keep it true, accurate, current and complete.
You agree to indemnify, defend and hold the Platform, Remixed & Mashed and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Platform.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
GENERAL PRACTICES REGARDING USE, STORAGE, AND ACCOUNT TERMINATION
You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any Content posted on or maintained or transmitted through the Platform. You acknowledge that we reserve the right to log off accounts that are inactive for a certain period of time and to remove and discard any Content with or without notice and for any reason, including, without limitation:
- a. lack of use;
- c. requests by law enforcement or other government agencies;
- d. a request by you (self-initiated account deletions);
- e. discontinuance or material modification to the Service (or any part thereof);
- f. unexpected technical or security issues or problems;
- g. in compliance with legal process; or
- h. if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services.
Remixed & Mashed understand the importance of taking supplementary precautions to protect the privacy and safety of children using Remixed & Mashed products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Remixed & Mashed identifications.
If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to eliminate the information as soon as possible.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You expressly understand and agree that:
- a. Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
- b. Without limiting the generality of the foregoing, we make no warranty that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services or information purchased or obtained by you through the Platform will meet your expectations.
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Platform; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Platform; or (iv) any other matter relating to the Platform.
Remixed & Mashed reserves the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
Remixed & Mashed and all other trademarks used by us in association with the Platform from time to time are trademarks belonging to us (“the Marks”). You agree not to display or use in any manner any of the Marks unless you obtain our prior written permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
While not responsible for any use of its Platform to infringe intellectual property rights, we respect the intellectual property of others, and we ask our Account Holders and partners to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please complete the copyright infringement form which can be located at https://www.remixedandmashed.com/copyright/.
You will need to provide us with the following information in writing:
- a. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- c. a description of where the material that you claim is infringing is located on the site;
- d. your address, telephone number, and email address;
- e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- f. a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may cancel your subscription at any time. Services shall be terminated effective as of the date of cancellation and no Member services will be available. If you wish to cancel your subscription to Remixed & Mashed, please make sure to cancel a minimum of 72 hours prior to your recurring payment to ensure that the payment is not processed on your account. Please refer to our Refund Policy to learn more. If you have any issues canceling your subscription please email firstname.lastname@example.org.
WAIVER AND SEVERABILITY OF TERMS
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
If you are an Account Holder, you agree that your account is non-transferable and any rights in and to your account or Content posted from your account terminate upon your death, subject to copyright law.