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Terms of Service TERMS OF SERVICE AGREEMENT 1. ACCEPTANCE OF TERMS: As a user of Mixmaster Records™ (MMR) service and the MixmasteredRecords.com site, you agree to be bound by following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular MMR services, you and MMR shall be subject to any posted guidelines or rules applicable to such specific services and are hereby incorporated by reference into the TOS. 3. DESCRIPTION OF SERVICE: MMR currently provides users with various on-line resources including communications tools, online forums and bulletin boards, the Service. Any future updates additions or enhancements to the Service are subject to this T.O.S. agreement. 4. YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as required by MMRs™ registration form and (b) maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MMR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MMR has the right to suspend or terminate your account and refuse any and all current or future use of the Service. 5. MMR PRIVACY POLICY: Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please review our full privacy policy. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY: You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MMR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MMR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. 6b. It is in violation of this agreement for any member to allow any other person or persons to use that members log in name to access the MMR site. 7. MEMBER CONDUCT: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MMR, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. MMR does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MMR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public or Private Areas of the Website. MMR is not responsible for the consequences of any communications in the Public or Private Areas of the Website. You agree to not use the Service to: a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way, or post any content that is inappropriate for minors; c. impersonate any person or entity, including, but not limited to, officers or employees of MMR, inc. or any legal contractors. d. Manipulate data or identifiers in order to disguise the origin of any Content. e. upload, post, email or otherwise transmit any Content that you do not have the right to transmit; f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law or regulations; l. harrass, "stalk," obsessively bother or otherwise invade the privacy of any other person; or m. collect or store personal data about other users. You acknowledge that MMR does not pre-screen Content, but that MMR and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MMR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that MMR may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of MMR, its users and the public. 8. PUBLIC CONTENT POSTED TO MMR: (a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. (b) With respect to Content you elect to post for inclusion in publicly accessible areas of MMR Community or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant MMR the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific MMR Community to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. (c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant MMR the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 9. INDEMNITY: You agree to indemnify and hold MMR, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, transmit or receive through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including use of or access to the Service. 11. GENERAL PRACTICES REGARDING USE: You acknowledge that MMR may establish general practices and limits concerning use of the Service, including limitation of time that messages, community and discussion board postings or other uploaded Content will be retained by the Service and the maximum number of times or duration you may access the Service in a given period of time. You agree that MMR has no responsibility or liability for the deletion or failure to store any messages or other Content maintained or transmitted by the Service. You acknowledge that MMR reserves the right to log off accounts that are inactive for an extended period of time. 12. MODIFICATIONS TO SERVICE: MMR reserves the right at any time and from time to time to modify or discontinue our services, with or without notice. You agree that MMR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION: You agree that MMR, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if MMR believes that you have violated or acted inconsistently with the TOS. You agree that MMR shall not be liable to you or any third-party for any termination of your access to the Service. 14. LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MMR has no control over such sites and resources, you acknowledge and agree that MMR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MMR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 15. MMR'S PROPRIETARY RIGHTS: You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MMR, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 16. DISCLAIMER OF WARRANTIES: You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. MMR expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. MMR makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. No advice or information, whether oral or written, obtained by you from MMR or through or from the service shall create any warranty not expressly stated in the TOS. 17. LIMITATION OF LIABILITY: You expressly understand and agree that MMR 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 MMR has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. 18. EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. If applicable, some of the limitations above may not apply. 19. NOTICE: Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 20. COPYRIGHTS and COPYRIGHT AGENTS: MMR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MMR's Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your log in name, address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MMR's Copyright Agent for Notice of claims of copyright infringement on its site is Mark Nieds who can be reached as follows: By Mail: 21. GENERAL INFORMATION: The TOS constitutes the entire agreement between you and MMR and governs your use of the Service, superceding any prior agreements between you and MMR. The TOS and the relationship between you and MMR shall be governed by the laws of the State of Illinois. You and MMR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois. The failure of MMR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 22. VIOLATIONS: Please report any violations of the TOS to us online at: |
