PLEASE READ THESE TERMS OF SERVICE (“Terms of Service”) CAREFULLY BEFORE USING THE REMIXOLOGY WEBSITE OR ANY OTHER PART OF THE PLATFORM (AS DEFINED BELOW) AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Beyond Noize Limited t/a Remixology of 19 Harvey Road, London, UK (“REMIXOLOGY”, “we”, “our” or “us”), provides access to the REMIXOLOGY website (www.REMIXOLOGY.com) and related URLs (the “Website”), and all services, software and data accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms of Service as the “Platform”.
THE PLATFORM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE PLATFORM OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Service with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Service.
These Terms of Service govern your use of the Platform. They apply solely to the Platform, and you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE PLATFORM.
REMIXOLOGY is a Web Service for music production and offers their customers to a) provide audio recordings for other customers producing new derivatives and versions based on the original material (so called remixes) or b) for customers to create and publish their remixes using audio recordings of original music serviced by REMIXOLOGY in so-called “Competitions”. The winning remixes judged out of these Competitions then can be exploited commercially through either REMIXOLOGY or the respective licensor’s exploitation channels.
We reserve the right to add, delete or amend parts of these Terms of Service at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms of Service on this page and will update the Effective Date listed above. If you continue to access or use the Platform after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
Unless otherwise stated, any features or tools which are added to the Website and/or the Services are subject to these Terms of Service. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or the entire Platform without notice or liability to you or any third party.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer or other access device.
To access certain Services, you may need to register for an account, and you may be asked to provide a username and a password. You agree to provide accurate, current and complete information required to register with the Services and/or at any other time as may be required in the course of using the Services. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user ID or password), you will immediately notify REMIXOLOGY. You may be liable for the losses incurred by REMIXOLOGY or others due to any unauthorized use of your account.
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of us, our subsidiaries, affiliates and/or licensors.
Unless expressly granted in writing by us, no rights in or to the Content except those expressly set forth within these Terms of Service are granted to you.
You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms of Service is expressly prohibited without prior written permission from a Director of our company.
Subject to your strict compliance with these Terms of Service, REMIXOLOGY grants you a limited, personal, non-exclusive, at any time revocable, non-assignable and non-transferable right and license to use the Platform.
As a condition of your use of the Platform, you will not:
You represent, warrant and agree that you will comply with the above acceptable use requirements. REMIXOLOGY reserves the right, in its sole discretion, to take such action as REMIXOLOGY sees fit in relation to any user who partakes in any aspect whatsoever of REMIXOLOGY’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, REMIXOLOGY reserves the right to take prosection measures and court action and/or report users to the relevant authorities.
The Platform may contain links to other sites and services operated by third party service providers. Your use of third party services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or services.
You can access other sites via links from the Website. These sites are not under our control and we are not responsible in any way for any of their contents. We make no representations and warranties as to any linked sites and have no liability or responsibility with respect to your use of such sites.
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT REMIXOLOGY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL REMIXOLOGY, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “REMIXOLOGY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, OR THE CONTENTS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY REMIXOLOGY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE REMIXOLOGY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES REMIXOLOGY’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
IF ANY OF THESE TERMS OF SERVICE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF SERVICE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF SERVICE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
THE REMIXOLOGY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF REMIXOLOGY’S 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, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY REMIXOLOGY AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY REMIXOLOGY WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to indemnify, hold harmless, and keep REMIXOLOGY, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms of Service, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms of Service or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by REMIXOLOGY in the defense of any claim. Notwithstanding the foregoing, REMIXOLOGY retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against REMIXOLOGY herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without REMIXOLOGY's prior written approval.
Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms of Service. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.
If any provision of these Terms of Service shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Service. No waiver on the part of REMIXOLOGY of any of these Terms of Service will be of any force or effect unless made in writing and signed by a duly authorized officer of REMIXOLOGY. Nothing in these Terms of Service are intended to confer on any third party (whether referred to in the Terms of Service by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Service.
You understand and agree that REMIXOLOGY will determine your compliance with these Terms of Service in its sole discretion. REMIXOLOGY reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. REMIXOLOGY maintains a policy that provides for the termination of the Website use privileges of users who are in breach of any of these Terms of Service. Any violation of these Terms of Service may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by REMIXOLOGY, you must destroy all materials obtained from the Platform and all related documentation.
This II. section of the Terms of Service contains the terms for the user’s participation in REMIXOLOGY’s different competitions, which is the “Remix Competition”, the “Producer Competition” and the “Remix Me Competition”. In the event of additional Competitions, such terms are to be found in connection with the respective additional Competition.
The general terms set out under the I. Section shall fully apply on this II. Section, if not set out differently. Further details about the respective competitions can, if applicable, be found on the respective website of the relevant competition.
No purchase is necessary to enter any Competition.
User is a creative talent who wants to use the services of REMIXOLOGY according to the terms of this Agreement.
It is agreed that REMIXOLOGY is only providing a technical platform for creating new recordings. REMIXOLOGY is not obliged to provide any rights clearing with respect to Files or New Remixes or New Productions.
This Agreement for the under the II. Section is concluded for the Exploitation Period, which is 2 (two) years and is extended automatically for periods of each one further year, if not terminated in writing (E-Mail sufficient).