Terms of Use
By using or visiting the Mixmonsta website (e.g. www.mixmonsta.com, "Mixmonsta website", the "website", as well as any and all content displayed on the Mixmonsta website) you have indicated that you accept, in full, these Terms of Use for the Mixmonsta website, as well as all aspects of the Mixmonsta website Privacy Notice. Please do not visit the Mixmonsta website, or interact with content on the website, if you cannot fully agree to all terms, conditions and limitations outlined in the documents mentioned here, as well as in all of the other codes, guidelines and documents posted on the Mixmonsta website.
You are granted access to use the Mixmonsta website according to the Terms of Use set forth in the balance of this document
This granting of access requires that you remain in full compliance with the Terms of Use and the Privacy Notice. It further requires: that you make no attempt to use the Mixmonsta website for any purpose other than its intended use - as defined by Mixmonsta; that you do not replicate in any way any area of the Mixmonsta website, for any purpose whatsoever, without fully informed and prior authorization from Mixmonsta; and, that you utilize the Mixmonsta website only for your personal use, meaning that your use of the site cannot in any way be construed as a commercial endeavor.
To save content, as well as to utilize many of the features of the Mixmonsta website, you will be required to create a registered user account. Information you provide for the creation of this account must be both accurate and unambiguous. It is your responsibility to keep your account password private, and all use of your account remains your personal responsibility in full. You agree to contact Mixmonsta immediately if you believe that there has been unauthorized use of your account for any purpose. Losses incurred by Mixmonsta or others, due to unauthorized use of your personal account, can potentially be determined as damages for which you are personally liable. Mixmonsta cannot be held liable for any losses that you might incur through the unauthorized use of your registered user account. You also agree that you will never use the account of another Mixmonsta member without his/her express permission to do so.
Access to the Mixmonsta website is granted to you with the expectation that you will not utilize any automated application, such as, but not limited to, offline readers, robots or spiders, which would make more requests of the Mixmonsta servers than can be made, under normal circumstances, by a single user contacting the servers by way of a conventional web browser and high-speed internet connection. Mixmonsta does condone the automated "crawling" of the Mixmonsta site by general-access search engines (those which post their results on sites accessible to the open public) using "spiders" to collect "site samples" for use in search results index entries. Such permission, though, does not extend to the creation of search engine caches or complete site archives. At any time, Mixmonsta reserves the right to revise and/or rescind the permissions and exceptions as defined in this paragraph. Neither individuals nor search engines may collect personal information from the site, such as account names, for commercia activities, or any other activities.
Use of the Mixmonsta website and access to other sites
All users of the Mixmonsta website, for whatever purpose, are bound by these Terms of Use. Although links to third party websites may be displayed on the Mixmonsta site, Mixmonsta does not operate or oversee any third party websites. Consequently, we urge you to carefully read all covenants and notices displayed by any website that you visit through links displayed on the Mixmonsta website. Mixmonsta has no means to censor or edit the content displayed by third party websites, and Mixmonsta assumes no responsibility for content displayed by third party websites. By using the Mixmonsta website you agree to absolve Mixmonsta of any current or future liability that may arise from your use of any third party website.
Recording content to the Mixmonsta website servers
The Mixmonsta website is not a video hosting/video sharing website. It is an audio and video interaction website. The only content that you are permitted to save in a registered user folder hosted by a Mixmonsta server, is audio and video content that you record via a live audio, video or webcam connection between your computer and the Mixmonsta server. The pivotal term here is "live" content. We expect that the only content you will save on Mixmonsta servers is original audio or audio/video that you record as it is being sung/rapped/acted/danced/improvised, etc. That is why we provide no avenue through which you can upload prerecorded audio or audio/video content. All content that you record to the Mixmonsta servers must conform to the Recorded User Content Guidelines section, below.
The Mixmonsta interactive media player
Mixmonsta does not condone, support or enable any form of audio or audio/video piracy. All music videos and any other videos contained in the Mixmonsta video catalog - which is hosted on the Mixmmonsta servers and is available to all Mixmonsta users - have been fully licensed and are presented on the site with informed agreement from the appropriate record labels, and/or other licensing entities. If, for your Mixmonsta interactive projects, you choose to work with videos via links to third-party video sharing sites, Mixmonsta assumes that similar licensing agreements will be in place on those sites, so that all relevant content contributors will receive proper compensation when the videos are played as part of your Mixmonsta interactive projects.
The Mixmonsta interactive media player contains a set of tools and applications that allow users to interact with audio and audio/video content that is played through the media player. This content may come from the Mixmonsta audio and audio/video catalog; from original audio and audio/video that is recorded by the user; and, from audio and audio/video files linked to from third-party audio and audio/video sharing websites. When one or more audio or audio/video files are played back on the Mixmonsta interactive media player from a third-party video sharing site - such as Myspace Videos, YouTube, etc. - the media player's tools and applications allow the user to manipulate how the audio or audio/video stream appears to the viewer, but it does not create or save a modified version of the original audio or audio/video file, nor does it save a copy of the original audio or audio/video file.
The Mixmonsta media player only saves the internal, project-specific parameters it needs to reenact the interactive changes if the user chooses to replay his or her project. In much the same way that a TV viewer can "modify" what he is watching - by making the picture roll, jumping from channel to channel, changing the color balance, skewing the contrast, modifying the format, or adding external samplings to enhance the audio output - a Mixmonsta interactive media player user can mash, mix and enhance his listening/viewing experience of copyrighted, externally-linked content without in any way infringing on the integrity of said content, because the content itself is never modified.
In addition, the Mixmonsta interactive media player does not remove, restrict or in any way disable commercial advertising that is embedded in third-party audio or audio/video files that are linked to from the Mixmonsta interactive media player. Such advertising will be viewed by the Mixmonsta user, while he is creating or replaying his interactive project, and it will also be viewed by visitors, if the Mixmonsta user posts an interactive project on his Mixmonsta profile page, or if he posts the project on any other web page, via the Mixmonsta media player widget. Mixmonsta interactive projects can only be viewed with the Mixmonsta interactive media player, or with an embedded Mixmonsta widget media player.
Recorded User Content Guidelines
Mixmonsta does not guarantee any form of confidentiality for audio or audio/video user content recorded to Mixmonsta servers via an audio, video or webcam connection to the Mixmonsta website. Mixmonsta assumes no responsibility, and accepts no liability, for user content that is recorded to the Mixmonsta servers.
As a Mixmonsta user, you are solely responsible for the content that you record to the Mixmonsta servers. You alone are responsible for any consequences that may result from the posting or publishing of any type of content that you record to the Mixmonsta servers. By recording content to the Mixmonsta servers, you are affirming that you are the creator/originator of the content. If the content was not created/originated by you, you are affirming that you own or have the appropriate permissions, consent, rights or licenses to use the recorded content, and that you also have the full authorization to record the content to the Mixmonsta servers, where it can potentially be viewed by and shared among other members of the site, as well as public visitors to the site.
If the recorded content was not created/originated by you alone, you must obtain a written consent, release form, or express permission from every identifiable person that appears in the recording. All participants must give full permission for the recorded content to be posted on Mixmonsta - understanding all ways in which the recorded content may be viewed and/or shared, as detailed elsewhere in this document.
Along with full responsibility for the content you record to the Mixmonsta servers, you also maintain full ownership of said content, with all rights implied by that content ownership. But you also enter into an agreement with Mixmonsta by the act of recording said content to the Mixmonsta servers. By recording your content to the Mixmonsta servers you grant Mixmonsta a transferable license to distribute, reproduce, display and prepare derivative works from the recorded content in the manner which all content is utilized on the Mixmonsta website, the Mixmonsta interactive media player and the Mixmonsta media player widgets. You further grant a similar non-exclusive license to other users of and visitors to the Mixmonsta website, allowing them to distribute, reproduce, display and prepare derivative works from your recorded content.
Inappropriate recorded user content
Audio or audio/video content that you record to the Mixmonsta servers via audio, video or webcam connection cannot be content that is: copyrighted, subject to proprietary rights held by a third party, protected by a trade secret agreement, controlled by publicity rights or privacy rights - unless you are the owner of such rights or agreements, and you are also licensed to grant non-exclusive rights to Mixmonsta and its users and visitors.
Furthermore, audio or audio/video content that you record to the Mixmonsta servers must conform to the following restrictions, as interpreted by Mixmonsta. Your recorded content cannot contain material that is: pornographic, obscene, racially or ethnically offensive, explicitly violent, unlawful, defamatory, libelous, or which contains known misrepresentations or falsehoods that can potentially damage any third party or Mixmonsta. Recorded content also cannot contain business solicitations, impersonations of living people or advertisements.
Mixmonsta reserves the right to remove from the site any user recorded content that it deems inappropriate. Mixmonsta may revoke any user's right to Mixmonsta membership, and use of the site, for any infringement of the User Recorded Content Guidelines that Mixmonsta considers cause for expulsion from the community.
Informed use of the Mixmonsta website
When using the Mixmonsta website, you will be exposed to any or all of the user recorded content as well as third-party linked content that is available on the site. Mixmonsta is not responsible for the safety, accuracy or usefulness of this content, nor is it responsible for determining if appropriate intellectual property rights for posting such content belong to the user who has posted or linked to said content. In visiting, joining or using the Mixmonsta website, you also affirm and acknowledge that such use may expose you to objectionable, inaccurate, offensive or indecent content. To accept the Terms of Use herein, you agree to indemnify and hold harmless Mixmonsta, its owners and operators, affiliates and licensors, to the maximum degree allowed by statutes and limitations concerning all issues related to your use of the Mixmonsta website; and you waive any legal or equitable recourse or rights in lieu of such indemnification.
Access to the Mixmonsta website
You are granted access to the Mixmonsta website, Mixmonsta interactive media player, social networking area and profiles, as well as the embeddable Mixmonsta media player widget, for personal, non-commercial use only. Mixmonsta may revise the website, expand or delete sections of the website, recast the purpose, features or access levels of the website, at any time, without prior notification.
Ownership of the Mixmonsta website and its content
All forms of content that appear on or are related to the Mixmonsta website - other than user recorded content - are owned directly, or are licensed by Mixmonsta, in compliance with intellectual property rights and copyright rules and regulations in force within the United States, and in compliance with all foreign laws and international treaties and conventions with regard to intellectual property rights. This content includes, but is not limited to, website texts, graphics, pictures, sounds, videos, music software, scripts, as well as all interactive elements and features of the site, and any and all trademarks, logos and service marks. All content on the Mixmonsta website is presented "as is" for your personal use. Said content may not be used, displayed, reproduced, transmitted, distributed, licensed, sold or utilized for any other purpose without prior authorization from the content owners.
Your responsibilities as a Mixmonsta user
You affirm that you will indemnify, defend and term blameless Mixmonsta as well its parent company and subsidiaries, directors, officers, employees and agents, against any expenses, costs, debts, damages, obligations, liabilities or losses incurred due to, but not limited to, the following: your access to or interaction with the Mixmonsta website; a violation on your part of any aspect of the Terms of Use outlined in this document; a violation on your part of any rights due to third-party content owners, such as, but not limited to, the right to privacy, property ownership, and copyright; any third party assertion that your Recorded User Content caused damages to him/her/them.
You further affirm that your interaction with and use of the Mixmonsta website is at your own risk. Mixmonsta, along with is directors, officers, employees and agents disavow all explicit or assumed warranties referring to the Mixmonsta website and your interaction with or use of the website. Mixmonsta extends neither representations nor warranties for the exactitude or thoroughness of the Mixmonsta website's content or for the content of any third party websites that are linked to from the Mixmonsta website. Mixmonsta accepts no responsibility or liability for: content mistakes, inaccuracies, oversights, or errors; property damage or personal injury, of any kind, purportedly due to your interaction with or use of the Mixmonsta website; unsanctioned entry into or utilization of the Mixmonsta servers and the financial or personal information stored on those servers; either the interruption or loss of connection to or from the Mixmonsta website; computer viruses of any variety created and launched by third arties and purported to have been harbored by and spread through the Mixmonsta website; losses or damages of any type, as well as discrepancies in or loss of personal content, due to the content displayed, emailed, sent, or made accessible in any other way through the Mixmonsta website.
You will not hold Mixmonsta liable for recorded user content or other content appearing on, or related to, the Mixmonsta website, as well as any illegal, defamatory or offensive conduct on the part of any third party, and you acknowledge that the possibility of damage or harm from these actions, conditions or situations is entirely your personal responsibility.
In all transactions, interactions and communications carried out through the Mixmonsta website it is your responsibility to exercise your best judgment and to use caution when assessing all communications and situations. Mixmonsta does not guarantee in any way, or accept responsibility for: services or products that are offered or advertised on the Mixmonsta website; services, products or content offered by any website that is linked to from the Mixmonsta website. Mixmonsta assumes no responsibility for monitoring any form of transaction that takes place between you and any third-party provider of content, products or services.
Acceptance of Mixmonsta as a legal entity
By accepting all aspects of this Terms of Use agreement, you affirm that Mixmonsta, LLC is incorporated in the state of Delaware. You also affirm that the Mixmonsta website is a passive website, which dictates that there cannot be personal jurisdiction over the Mixmonsta website, specifically or generally, in any jurisdiction other than Boston, Massachusetts. As such, any legal issue between you and Mixmonsta, LLC, which is directly connected to the Mixmonsta website, must be decided by the appropriate court in the state of Massachusetts.
This document, along with all other legal notices, usage guidelines and other documents posted on the Mixmonsta website, constitute the full agreement between Mixmonsta and you - a Mixmonsta website visitor and/or user. If any element of this Terms of Use agreement is called into question, or invalidated by an appropriate court, that invalidation will in no way affect any other provision that appears in the Terms of Use agreement. Mixmonsta can revise these Terms of Use for any cause, and without prior notice. It is up to you to revisit the Terms of Use agreement to make yourself aware of, and to assent to, any changes that have been made to the agreement. Use of the Mixmonsta website following revision of the Terms of Use agreement indicates that you accept any and all terms revisions.
You agree that any cause of action related to your interaction with or use of the Mixmonsta website must be formally lodged within one year of the date of the inciting incident. A cause of action lodged beyond this fixed time period will be invalid.
Mixmonsta, LLC controls, directs and offers the Mixmonsta website from its corporate facilities, and through its agents, in the United States of America. If you use the Mixmonsta website in another jurisdiction, other than the United States, you do so of your own volition and at your own risk, and you are solely responsible for the determination of and compliance with all local laws.
Acceptance of the Terms of Use
In order for you to accede to this Terms of Use agreement, you must be 18 years of age, an emancipated minor, or you must obtain the fully informed consent of a legal parent or guardian. In addition, you must be legally fit to understand, accept, comply with, abide by, and enter into the obligations, warranties, affirmations, conditions, representations and terms presented in the Terms of Use agreement. Most importantly, by accepting the Terms of Use, you must acknowledge that you are over 13 years of age. The Mixmonsta website is an inappropriate web destination and is not intended for children under 13 years of age.
Because Mixmonsta cannot be responsible for all content that appears on the Mixmonsta website, as well as content that can be linked to from the Mixmonsta website, we urge children who are under the age of 13 to ask a parent or guardian to help them find other, age appropriate websites that offer similar interactive music services to those that are offered by the Mixmonsta website.
