LiveMixtapes End-User Agreement and Terms Of Use

Thanks for using LiveMixtapes (“LiveMixtapes”, “we”, “us”, “our”). By using the LiveMixtapes service, websites, or software applications (together, the “LiveMixtapes Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our local company in your country of residence (your “Local Country”) if applicable or the company listed in this chart. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.

Changes to the Agreement

Occasionally we may, in our discretion, make changes to the LiveMixtapes Service and Agreements. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

License and assignment

The LiveMixtapes software applications are licensed, not sold, to you, and LiveMixtapes retains ownership of all copies of the LiveMixtapes software applications even after installation on your Devices. LiveMixtapes may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party. All LiveMixtapes trademarks, service marks, trade names, logos, domain names, and any other features of the LiveMixtapes brand are the sole property of LiveMixtapes. This Licence does not grant you any rights to use the LiveMixtapes trademarks, service marks, trade names, logos, domain names, or any other features of the LiveMixtapes brand, whether for commercial or non-commercial use. You agree to abide by our User Guidelines and not to use the LiveMixtapes Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

User generated content

LiveMixtapes users may post, upload and/or contribute (“post”) content to the Service, including text and playlist compilations (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by LiveMixtapes or any artist, band, label, entity or individual without express written consent from such individual or entity. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with LiveMixtapes. This license lasts until you terminate your LiveMixtapes account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the LiveMixtapes Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the LiveMixtapes Service and your right to object to derogatory treatment of such User Content. LiveMixtapes does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in LiveMixtapes’s sole discretion, violates these Agreements. LiveMixtapes may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. LiveMixtapes is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, or if you believe that any User Content does not comply with the User Guidelines or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at feedback@LiveMixtapes.com.

Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the LiveMixtapes Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same. You grant LiveMixtapes a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the LiveMixtapes Service. These Terms are not intended to grant rights to anyone except you and LiveMixtapes, and in no event shall these Terms create any third party beneficiary rights. Any failure by LiveMixtapes to enforce these Terms or any provision thereof shall not waive LiveMixtapes’s right to do so.

User Guidelines

LiveMixtapes respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the LiveMixtapes Services or content delivered to you via the LiveMixtapes Services, or otherwise any making use of the LiveMixtapes Service which is not expressly permitted by LiveMixtapes or under these Terms; (b) using the LiveMixtapes service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the LiveMixtapes Services or any part thereof; (d) circumventing any technology used by LiveMixtapes, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by LiveMixtapes; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the LiveMixtapes Service; (i) providing your password to any other person or using any other person’s user name and password. LiveMixtapes does not permit 3rd party client access to our services unless explicitly authorized by us. We do not provide a public API and any attempt to reverse-engineer or access our services without using our official website or applications is a violation of this agreement. This is necessary to protect the rights and interests of the intellectual property holders of the content on our service, as well as our own. Please respect LiveMixtapes and other users of the LiveMixtapes Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of LiveMixtapes or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the LiveMixtapes inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services (except as permitted under Section 11); (k) interferes with the LiveMixtapes Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or LiveMixtapes’s computer systems or network, or breaches any of LiveMixtapes’s security or authentication measures, or (l) conflicts with the Agreement, as determined by LiveMixtapes. You agree that LiveMixtapes may also reclaim your username for any reason. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Copyright infringement

LiveMixtapes respects the rights of intellectual property owners. For details on LiveMixtapes’s copyright policy, please visit http://www.livemixtapes.com/copyright.php. Technology limitations and modifications LiveMixtapes will make reasonable efforts to keep the LiveMixtapes Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. LiveMixtapes reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the LiveMixtapes Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the LiveMixtapes Service or any function or feature thereof. You understand and agree that LiveMixtapes has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Export control

LiveMixtapes’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from LiveMixtapes under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.

Automated Data Collection

You will not collect users' content or information, or otherwise access LiveMixtapes, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. For more information see http://www.livemixtapes.com/terms_bots.html

Term and termination

These Terms will continue to apply to you until terminated by either you or LiveMixtapes. LiveMixtapes may terminate the Terms or suspend your access to the LiveMixtapes Service at any time, including in the event of your actual or suspected unauthorised use of the LiveMixtapes Service or non-compliance with the Terms. If you or LiveMixtapes terminate the Terms, or if LiveMixtapes suspends your access to the LiveMixtapes Service, you agree that LiveMixtapes shall have no liability or responsibility to you and LiveMixtapes will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your LiveMixtapes account, please contact us through the Customer Service contact form.

Warranty

We endeavor to provide the best service we can, but you understand and agree that THE LiveMixtapes SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE LiveMixtapes SERVICE AT YOUR OWN RISK. LiveMixtapes DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, LiveMixtapes does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the LiveMixtapes Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that LiveMixtapes is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the LiveMixtapes Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from LiveMixtapes shall create any warranty on behalf of LiveMixtapes in this regard. Some aspects of this section may not apply in some jurisdictions.

Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the LiveMixtapes Service, the Third Party Applications or the Third Party Application content is to uninstall any LiveMixtapes software and to stop using the LiveMixtapes Service, the Third Party Applications or the Third Party Application content. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LiveMixtapes, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE LiveMixtapes SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER LiveMixtapes HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE LiveMixtapes SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO LiveMixtapes DURING THE PRIOR THREE MONTHS IN QUESTION. Nothing in these Agreements removes or limits LiveMixtapes’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

Entire agreement

These Agreements constitute all the terms and conditions agreed upon between you and LiveMixtapes and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to LiveMixtapes are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by LiveMixtapes that are not contained in the Agreements. Please note, however, that other aspects of your use of the LiveMixtapes Service may be governed by additional agreements. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.