MixMatchMusicTM

Terms of Service

Welcome to MixMatchMusic!

Please read the following important terms and conditions ("Terms of Service") carefully. MixMatchMusic, Ltd. ("MixMatchMusic") provides our website located at MixMatchMusic (the "Site") through which users can connect and collaborate with other musicians online and use any other products or services we make available via the Site (collectively, the "Services").

These Terms of Service and all policies referenced in this document or elsewhere on the Site govern your access to and use of the Site and Services. The MixMatchMusic Attribution and Royalty Policy forms part of these Term of Service and is incorporated herein by reference. These Terms of Service are a legal agreement between you and MixMatchMusic and apply to you whether you are a "MixMatchRegistered User", "MixMatchArtist" (each term as defined below), or a visitor just browsing the Site (collectively, "MixMatchMusic Users"). These Terms of Service limit MixMatchMusic's liability and obligations to you, grant us certain rights, and allow us to change, suspend or terminate your access to and use of the Site and Services.

SPECIAL NOTE TO MixMatchArtists:

• Our Royalty Policy May Change at Any Time - As part of the Services, MixMatchMusic may provide MixMatchArtists (defined below) the opportunity to participate in the MixMatchMusic Attribution and Royalty program under which they may be eligible to receive royalties as result of contributing music content to the MixMatchCommunity's library and the use thereof by other MixMatchMusic Users. Our royalty program and the related algorithm are subject to change at any time with notice, and changes could result in lower royalties (if any) or none being generated by use of your content. If upon notice of new royalty terms you decide to terminate your account or membership, please note that the new royalty program or algorithm will apply to the content you previously submitted to the MixMatchMusic system.
• Termination of Your Membership Does Not Mean Users Cannot Still Use Your Content &mdash If in accordance with Section 7, you decide to terminate your MixMatchMusic account or membership to the extent that your content has been incorporated into or used by another MixMixMatch User that content will remain in the MixMatchMusic system. MixMatchMusic Users may be relying on the fact that you made your content available for them to create new collaborative works and may continue to use your content in works they have already created prior to termination.

Do not use our Site or Services (e.g. submit content) if you are uncomfortable with these possibilities or any other terms and conditions in these Terms of Service. Please see our FAQs and MixMatchMusic's Attribution and Royalty Policy for further information.

As further described throughout this Terms of Service, as a MixMatchMusic User you must support the MixMatchMusic mission to encourage and facilitate the use and promotion of original works of authorship made by our users — that is, you may not engage our Services using content that does not belong to you or content that you do not have the right to use.

Please note that these Terms of Service do not govern your use of our affiliated website Remix Wizard. Please see the separate terms and conditions which apply to use of the Remix Wizard website and service available at Remix Wizard.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

1. Eligibility and Registration
   • Registered Users. In order to access certain features of the Site and Services, you must create a MixMatchMusic account. To become a "MixMatchMusic Registered User" you must be at least 13 years of age. To become a "MixMatchArtist" you must be at least 18 years of age. Each type of user is further defined as follows:
     • MixMatch Registered User - A person who is enabled as a registered user to create his or her own profile, start a "MixMatchMusicalPaletteTM", save songs he or she has created in the MixMatchMixMakerTM, add comments to other MixMatchRegistered User profiles and stem profiles, participate in discussions on all "MixMatchForums", create his or her own "MixMatchFriendNetworkTM" to keep track of his or her favorite MixMatchArtists, and purchase stems and songs.
     • MixMatchArtist - A person who is a MixMatchRegistered User that becomes a "MixMatchContributor" (i.e. a contributor of stems to the MixMatchCommunity's library who has gone through our verification process) and as a MixMatchContributor: (i) may have the ability to download audio files for free; (ii) may be eligible to receive a percentage of the revenue derived from the purchase of his or her stems by a MixMatchRegistered User; and (iii) will have access to his or her "MixMatchTransactionLogTM", which lists all uploads, downloads, sales, published sequenced songs, and attributions associated with that user.
   • Account Information. When you register you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify MixMatchMusic of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current, and complete, and you will keep all contact information up to date. The MixMatchMusic Privacy Policy contains information about our policies and procedures regarding the collection and use of personal information we receive from users of the Site and Services.

2. Acknowledgement of Beta Test. You acknowledge and agree that: (a) the Site, Services, and MixMatchMusic Materials (defined below) are not official products and have not been commercially released by MixMatchMusic; (b) the Site, Services, and MixMatchMusic Materials may not operate properly, be in final form or fully functional; (c) the Site, Services, and MixMatchMusic Materials may contain errors, design flaws or other problems; (d) it may not be possible to make the Site, Services, and MixMatchMusic Materials fully functional; (e) the information obtained using the Site, Services, and MixMatchMusic Materials may not be accurate; (f) use of the Site, Services, and MixMatchMusic Materials may result in unexpected results, loss, or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or User Content (defined below) to unintended third parties; (g) MixMatchMusic is under no obligation to release a commercial version of the Site, Services, and MixMatchMusic Materials; and (h) MixMatchMusic has the right unilaterally to abandon development of the Site, Services, and MixMatchMusic Materials at any time and without any obligation or liability to you.
3. Obligations under Third Party Agreements. If you have obligations to any third party, as a non limiting example, such as under the terms, conditions, or policies of a multi-media online merchant that you use or through which you purchase or provide User Content (defined below) like Amazon.com, you and not MixMatchMusic are responsible for your compliance with those requirements. By allowing you to showcase and promote User Content via the Site or Services, MixMatchMusic does not suggest, warrant, or guarantee that your use of any content in connection with the Site or Services is allowed by that merchant, nor that your use complies with any laws or regulations that may apply to your use or purchase of any content. MixMatchMusic is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your activities.
4. Proprietary Rights and Licenses.
   • Definitions. Certain types of content are made available through the Site and Services.
     • "MixMatchMusic Materials" means any text, data, graphics, images, photos, audio or video files, MixMatchMusic trademarks and logos, and any other content made available by MixMatchMusic via the Site and Services, including any technology or code making up the MixMatchMixMaker.
     • "Content for Purchase" means User Content made available for purchase through the Site and Services.
     • "User Content" means any text, data, graphics, images, photos, audio or video files (including but not limited to music content called "stems"), communications, and any other content that MixMatchMusic Users post, upload or download through the Site or Services (including any audio content provided via the website(s) used or hosted by a MixMatchMusic User), excluding any MixMatchMusic Materials.
   • User Content.
     • License Grant to MixMatchMusic. You retain all ownership of your User Content subject to the rights and license terms with which you provide your User Content. Similarly, we need certain rights from you to provide you (and other users) with the Services and to promote them — so by uploading, posting, submitting, linking to, or otherwise transmitting any User Content on or via the Site or Services, you hereby grant to MixMatchMusic a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit, and access such User Content in connection with the Services and MixMatchMusic's business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats, through any media channels and via any mini widgets deployed by a MixMatchMusic User or otherwise. For example, you grant us the right to make your User Content available to MixMatchMusic Users for their use in connection with the Site and Services. Further, to the extent that you make your User Content available for purchase and download by other MixMatchMusic Users, you grant MixMatchMusic the right to authorize MixMatchMusic Users to do so for their personal and non-commercial use.
       
       You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to MixMatchMusic. You acknowledge and agree that posting of or linking to User Content will comply with the MixMatchMusic Copyright and IP Policy as set forth in Section 5 below.
     • Limitations. You acknowledge and agree that MixMatchMusic may, at its option, reclassify or recategorize any User Content and establish or change limits concerning User Content, including, without limitation, the maximum number of days that User Content will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Content on MixMatchMusic's servers. MixMatchMusic will have no responsibility or liability for maintaining copies of User Content on our servers, and you are solely responsible for creating back-ups of your User Content.
   • Content for Purchase.
     • License Grant to Content Purchasers. Subject to your compliance with the terms and conditions of these Terms of Service, MixMatchMusic grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable right and license to use the Content for Purchase solely for your personal and non-commercial use. The delivery of any Content for Purchase to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition or artwork embodied in the content.
     • Restrictions. Except as expressly specified in these Terms of Service you may not: (a) copy or modify the Content for Purchase, in whole or in part; (b) transfer, sublicense, or otherwise distribute any Content for Purchase to third parties; or (c) use the Content for Purchase in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service.
     • Ownership. MixMatchMusic and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Site, Services, MixMatchMusic Materials, Content for Purchase and any other content made available through the Site or Services contained therein, other than your User Content except as subject to the terms with which you provided such content. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, MixMatchMusic Materials, Content for Purchase, or any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Site, Services, MixMatchMusic Materials, Content for Purchase, or any other content made available through the Site or Services (other than your User Content except as subject to the terms with which you provided such content). MixMatchMusic reserves all rights in the MixMatchMusic Materials not expressly granted to you in these Terms of Service subject to the underlying rights of the content provider.
     • Disclaimer. MixMatchMusic does not guarantee that any content (including without limitation MixMatchMusic Materials or User Content) will be made available through the Site or Services, continuously or at all. WHILE MIXMATCHMUSIC IS UNDER NO OBLIGATION TO DO SO, MIXMATCHMUSIC RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON IN ITS SOLE DISCRETION. MixMatchMusic does not have any obligation to monitor the User Content that is uploaded, posted, submitted, or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality, or applicability of the User Content or anything said, depicted or written by MixMatchMusic Users, including, without limitation, any information obtained by using the Site or Services. MixMatchMusic does not endorse any User Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MixMatchMusic with respect thereto.
   • Copyrighted Materials: No Infringing Use. You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. MixMatchMusic has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the MixMatchMusic Copyright and IP Policy for further information.
   • Royalties and Payments.
     • Royalties. Subject to your compliance with these Terms of Service, you may be eligible to receive certain royalties as a result of your participation in our Attribution and Royalty program. MixMatchMusic's Attribution and Royalty Policy is available on the Site, and is incorporated into these Terms of Service by reference.
     • Payments.
       • MixMatchRegistered Users may be able to purchase Content for Purchase by paying a one time fee to download such content ("Download Fee"). Fees are refundable in MixMatchMusic's sole discretion. Transactions you complete through the MixMatchMusic Site and Services may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use, and withholding taxes) associated with your receipt of the Content for Purchase you buy.
       • You agree to pay MixMatchMusic for all charges at the prices then in effect for any download by you or other persons (including your agents) using your MixMatchMusic account, and you hereby authorize MixMatchMusic to collect fees by charging the credit card you provide to us as part of your MixMatchMusic account information or otherwise, either directly or indirectly via a third party online payment service, such as PayPal.
   • Termination or Suspension of the Site or Services & Modification of these Terms of Service.
     • MixMatchMusic reserves the right in its sole discretion, at any time, to modify, discontinue, or terminate the Site or Services or to modify or terminate these Terms of Service (including, but not limited to, any royalty rates and the algorithm related thereto) without advance notice. Modifications to these Terms of Service or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Service. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after MixMatchMusic has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
     • Without limiting other remedies, MixMatchMusic may at any time suspend or terminate your MixMatchMusic account and refuse to provide access to the Site or Services. In addition, MixMatchMusic may notify authorities or take any actions it deems appropriate, without notice to you, if MixMatchMusic suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by MixMatchMusic; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse, or disruption for you, MixMatchMusic Users, MixMatchMusic or any other third parties or the Site or Services.
     • You may terminate your MixMatchMusic account at any time and for any reason. Upon any termination by a MixMatchMusic User, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. MixMatchMusic will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS, OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, MixMatchMusic will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
     • Any suspension, termination, or cancellation will not affect your obligations to MixMatchMusic under these Terms of Service (including, without limitation, Section 1(b) (Account Information), Section 4 (Proprietary Rights and Licenses), Section 6 (Royalties and Payments), Section 11 (Indemnification) and Section 12 (Limitation of Liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
   • MixMatchMusic User Conduct. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises, and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site, Services, MixMatchMusic Materials, or User Content:
     • Post, publish or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
     • Access, tamper with or use non-public areas of the Site, MixMatchMusic's computer systems or the technical delivery systems of MixMatchMusic's providers;
     • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
     • Attempt to access or search the Site, MixMatchMusic Materials, or Services with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by MixMatchMusic or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools.
     • Send unsolicited email, junk mail, "spam," chain letters, promotions, or advertisements for products or services;
     • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, MixMatchMusic Materials, Services, or User Content to send altered, deceptive, or false source-identifying information;
     • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, MixMatchMusic Materials, Services or User Content;
     • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or planting malware on MixMatchMusic's computer system, those systems of MixMatchMusic's providers, or otherwise use the Site, MixMatchMusic Materials, Services, or User Content to attempt to distribute malware;
     • Impersonate or misrepresent your affiliation with any person or entity; or
     • Encourage or authorize any third party to engage in any of the forgoing prohibited activities.
   • Sweepstakes and Contests. MixMatchMusic may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site, as they may contain additional important information about MixMatchMusic's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
   • Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at legal@mixmatchmusic.com or through the "Help" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of MixMatchMusic and you hereby assign and agree to assign all rights, title, and interest you have in such Feedback to MixMatchMusic together with all intellectual property rights therein.
   • Indemnification. You agree to defend, indemnify and hold MixMatchMusic and its affiliates, subsidiaries, and distribution partners and their respective officers, directors, employees, and agents harmless from and against any third party claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, MixMatchMusic Materials, or User Content; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.
   • Disclaimer. THE SITE, SERVICES, MIXMATCHMUSIC MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. MIXMATCHMUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, MIXMATCHMUSIC MATERIALS, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, MIXMATCHMUSIC MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE, SERVICES, MIXMATCHMUSIC MATERIALS, USER CONTENT, OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (II) THAT YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM YOUR USE OF THE SITE OR SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
   • Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MIXMATCHMUSIC OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, MIXMATCHMUSIC MATERIALS, USER CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY MIXMATCHMUSIC USER, ONLINE OR OFFLINE, WHETHER OR NOT MIXMATCHMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIXMATCHMUSIC'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED $25. MIXMATCHMUSIC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES, MIXMATCHMUSIC MATERIALS OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
   • Force Majeure. MixMatchMusic will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet, or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to MixMatchMusic infrastructure or connectivity to the internet or failure at an MixMatchMusic co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, MixMatchMusic will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that MixMatchMusic may reasonably require to recover from the effects of such Force Majeure Event.
   • Relationship of the Parties; No Third Party Beneficiary. Notwithstanding any provision hereof, for all purposes of these Terms of Service each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee, or employer of the other and will not bind nor attempt to bind the other to any contract. You acknowledge and agree you are not a third party beneficiary of these Terms of Service or any other any agreement between MixMatchMusic and a third party (including, without limitation, the MixMatchMusic Remixer Agreement) and MixMatchMusic is under no obligation to enforce any such agreement and disclaims any and all liability relating thereto.
   • Notice; Consent to Electronic Notice. You consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service (including notices regarding the security of your data); and (b) electronic records to store information related to these Terms of Service and your use of the Site and Services. Any notice or other communication to be given hereunder will be in writing and given (1) by MixMatchMusic via email (in each case to the address that you provide), (2) a posting on the Site or (3) by you via email to legal@mixmatchmusic.com or to such other addresses as MixMatchMusic may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
   • Links to other Websites. The Site or Services may provide links to websites other than . Such links are provided for reference only, and MixMatchMusic neither controls such websites nor endorses any of the material on any such websites or any association with their operators. MixMatchMusic is not responsible for the activities or such sites, and has no liability to you for any harms, injuries, or losses you might suffer as a result of using or accessing such websites.
   • Miscellaneous. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Service (by operation of law or otherwise) without the prior written consent of MixMatchMusic and any prohibited assignment will be null and void. MixMatchMusic may assign these Terms of Service or any rights hereunder without your consent. These Terms of Service will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Service and the rules, restrictions, and policies contained herein, and MixMatchMusic's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and MixMatchMusic. These Terms of Service together with the rules and policies of MixMatchMusic incorporated herein by reference constitute the entire agreement between MixMatchMusic and you with respect to the subject matter of these Terms of Service.
   • Questions. If you have questions about these Terms of Service please contact MixMatchMusic by emailing us at legal@mixmatchmusic.com.