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Terms and Conditions



(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

If you register as a DJ with the website or become a website advertiser, we will ask you to expressly agree to these terms and conditions.

(2) Licence to use website

We or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may:

(a) view, download for caching purposes only, and print pages from the website;

(b) stream mixes available on the website to your personal computer or mobile device,

in each case for your own private and non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website;

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) edit or otherwise modify any material on the website;

(e) exploit material on our website for a public or commercial purpose;

(f) redistribute material from this website;

(g) store any copy of any mix from the website.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4) DJs and Mixes

We welcome the submission of new mixes to our website.

In order to submit a mix to the website, you must first register as a DJ. In order to register as a DJ, you must click "DJ Sign Up", and then complete your name and email address and choose a password. You will then be able to log in.

You must ensure that your password is kept confidential.

Once you are logged in, you may submit a mix to our website by completing the upload form. After you have completed the upload form, you can choose to pay for the upload by PayPal, cheque or Western Union money transfer.

The prices for mix uploads are as set out on our website.

We may vary prices from time to time by posting new prices on our website. However, such variations will not affect mixes that have already been paid for.

We will, subject to these terms and conditions, publish a mix on the website within 3 working days of receipt of your payment (in full and in cleared funds) in respect of the mix.

If you choose to pay the our quick review premium, as set our on the website, then we will, subject to these terms and conditions, publish a mix on the website within 1 working day of receipt of your payment (in full and in cleared funds) in respect of the mix.

You will have the opportunity to identify and correct input errors prior to making your submission using the website interface.

We reserve the right to reject or delete mixes that in our reasonable opinion breach these terms and conditions. If we reject or delete a mix on this basis, we will have no obligation to refund the applicable charges.

If we accept your submission then, it will remain published on our website indefinitely, subject to termination or deletion in accordance with these terms and conditions.

We will not file a copy of these terms and conditions specifically in relation to you and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.

These terms and conditions are provided in the English language only.

(5) Licensing

We hold an MCPS-PRS Limited Online Exploitation Licence ("LOEL") covering limited downloads and on demand streaming services. Under the LOEL we are granted limited rights to exploit certain musical works by streaming those works to users via our website. However:

(a) the LOEL does not itself permit the adaptation of musical works to create mixes;

(b) the LOEL does not apply to all musical works; and

(c) the LOEL does not apply to artwork,

and accordingly it is your responsibility to ensure that you have all necessary permissions and rights to create the mixes that you submit to the website, and that you submit mixes incorporating only musical works in which are covered by the LOEL (or in which you have control of the relevant electronic exploitation rights), and that you only submit graphic works in which have control of the relevant rights.

Save to the extent that we are otherwise licensed under the MCPS-PRS LOEL to do these things, you grant to us a worldwide, non-exclusive, royalty-free licence to:

(a) copy, store and stream mixes that you submit to our website;

(b) copy, store and publish artwork that you submit to our website; and

(c) copy, store, publish and adapt any other material that you submit to our website,

in each case on our website at www.mixtapepage.com and any successor website.

To the extent that you are the owner of these rights, you also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You further warrant and represent that all mixes, artwork and other material that you submit to the website will comply with the provisions of Sections 3 and 8 and will be suitable for distribution via the website, and that all mixes that you submit to the website will be of reasonable sound quality.

(6) Consumer cancellation rights

If you are a consumer (i.e. not acting in the course of a business) and enter into an agreement with us under these terms and conditions for the publication of a mix on our website, you may cancel that agreement at any time within 7 working days, beginning on the day after you received our acknowledge of payment of the applicable price, providing that:

(a) the mix has not been uploaded to the website during that period; and

(b) we have not begun preparations for the upload of the mix to the website during that period.

You hereby expressly agree that we may begin such preparations within such period, and may upload mixes within such period, notwithstanding any effect this may have on your consumer cancellation rights.

If you cancel an agreement in accordance with this provision, you will receive a full refund of the price paid. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your valid notice of cancellation. Your notice of cancellation should be sent to the address or email address at the end of these terms and conditions.

(7) Advertisers

If you would like to publish advertisement(s) on our website, you should contact us using our website contact form.

From time to time we will agree in writing that we will publish one or more advertisements on our website. Any such agreement will be subject to these terms and conditions and will be:

(a) for the types and sizes of advertisement;

(b) for the web pages;

(c) for the period; and

(d) at the price,

agreed in writing between us and the advertiser.

The advertiser will ensure that electronic files containing all advertisements are provided to us at least 5 working days before the commencement of the relevant advertising period.

The advertiser grants to us a non-exclusive, worldwide, royalty-free licence to publish the advertisements on the website as contemplated by this Section.

The advertiser will warrants, represents and undertakes that all advertisements will comply with the provisions of Sections 3 and 8, comply with the CAP Codes from time to time, are in such formats as we may reasonably request, and are of a reasonable production quality.

We reserve the right to suspend the publication of any advertisement or remove any advertisement at any time where we reasonably determines that it breaches or may breach these terms and conditions. If we suspend or remove an advertisement on this basis, we will have no obligation to refund the applicable charges.

We will use reasonable endeavours to maintain the availability of the website and the availability of the published advertisements during the relevant period (subject to scheduled maintenance and any events beyond our reasonable control) but we do not guarantee 24/7 availability.

We will issue invoices for the charges in respect of advertisements to the advertiser in advance. The advertiser will pay the charges to the Publisher within 14 days of the date of issue of an invoice, and in any event before the commencement of the advertising period. In the event of full or partial non-payment, we may delay the publication of a advertisement without prejudice to our other rights.

All charges stated by us in or in relation to advertisements are stated exclusive of VAT, unless the context requires otherwise.

(8) Content rules

In these terms and conditions, "your material" means all material that you upload or submit to our website, including without limitation all mixes and artwork and comments that you upload or submit.

Your material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your material (and its publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) constitute spam;

(m) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(n) cause annoyance, inconvenience or needless anxiety to any person.

Your material must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

You must not submit to our website any material that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Save as expressly provided in these terms and conditions, we do not undertake to monitor material submitted to us, or the publication of the material on our website.

(9) Discontinuing service

We reserve the right to discontinue our website services and the publication of our website at any time in our sole discretion with or without notice.

If:

(a) you have paid for your mix (or advertisement) to be available on our website;

(b) your mix has been accepted in accordance with these terms and conditions and has been published on our website for a period of less than 12 months (or your advertisement has been accepted in accordance with these terms and conditions and has been published on our website for less than the agreed period); and

(c) we discontinue the mix streaming (or advertisement publication) service;

we will refund to you such portion of your payment as we determine to be reasonable.

Save as provided in this Section, you will not be entitled to any refund upon the discontinuance of our services.

(10) Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(11) Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e) our liability in connection with the publication of any advertisement will be strictly limited to the charges paid (or, if greater, payable) to us in respect of the advertisement; and

(f) our liability in connection with the making available of any mix will be strictly limited to the charges paid (or, if greater, payable) to us in respect of the mix.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agreed to the publication of comments, reviews and/or feedback relating to you and your mixes and other works, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(12) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(13) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) delete and/or edit any or all of your directory or website submissions; and/or

(h) suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(14) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(15) Trade marks

MYFREEMIXCD and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(16) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(17) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent – providing where you are consumer that such action will not serve to reduce the guarantees benefiting you under these terms and conditions.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(18) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(19) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(20) Entire agreement

Subject to the first paragraph of Section 11, these terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(21) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(22) Our details

The full name of our company is Katana House Media Limited.

We are registered in England & Wales under registration number 05844846.

Our registered address is Katana House Media Limited, 1 Burnup Bank, Sittingbourne, Kent ME10 3PP.

You can contact us by email to info@mixtapepage.com.

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