ACCEPTANCE OF TERMS AND CONDITIONS FOR REMIXPLANET.NET
This user agreement (“Agreement”) is a legal and binding agreement between you (“You,” “Your”, “Yourself” OR “User”), as the user, and RemixPlanet.Net (“Our”, “Us”, “We” or “RemixPlanet.Net”) stating the terms that govern your use of our Internet-based Web Site together with all information, content, material, updates, licenses, rules, policies, and services made available to you (collectively, “The Service”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING, USING, OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. If you do not agree to these terms, please abort the application/registration process and leave the Web Site immediately.
By continuing the application/registration process and the use the RemixPlanet.Net Web Site you confirm that:
(1) You have read and understood the Agreement in full.
(2) You agree with all the clauses in the Agreement.
You must accept and abide by these terms and conditions as presented to you herein. Changes, conditions, additions or deletions to these terms are not acceptable, and RemixPlanet.Net may refuse access to the Web Site and Service for non-compliance with any part of this Agreement.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process. You further consent and authorize us to verify your registration information as required for your use of and access to the Service, as applicable. Once you register to the Service, you shall enter a unique E-Mail and Password in connection with your account (collectively referred to herein as “Login IDs”). You are solely and entirely responsible for maintaining the confidentiality of your Login IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Login IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your Login IDs. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
As such, you agree and certify that you are a working DJ (as defined above) and that all the information entered in your registration application is complete, true, and accurate. RemixPlanet.Net has a thorough application review and verification process for all application which will make take several days before an approval or denial decision is reached. You will be denied access to RemixPlanet.Net and all its Content during the application review process, and only at the point in which your application is verified and approved. If your registration information found to be inaccurate or do not provide venue references with accessible contacts you will not be qualified to have access RemixPlanet.Net or any of its Content and your application will be denied.
You agree with the fact that you are not able to access, download, or use any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that users uploads, stores, transmits or submits to RemixPlanet.Net ’s Web Site (hereinafter “Content”) from RemixPlanet.Net if it is in the conflict with any of your local, state, province, or country laws. RemixPlanet.Net is unable to control all its users, posted content, and posted materials, therefore you are responsible for usage of the content and materials represented on the RemixPlanet.Net Web Site.
You agree that all respective copyrights in the sound recordings and musical works embodied in the remixes or mashups are the property of participating artists, composers, authors, publishers and record labels as applicable and you agree and certify that you already possess the original material contained within the remixed or mashup composition(s), for and each and every remix, mashup, or video accessed from RemixPlanet.Net .
Access to RemixPlanet.Net Content is strictly limited to Professional non-broadcast DJ’s or VJ’s (hereinafter “DJ’s”). Audio and/or Videos Remixes, Mashups and Mixes available on RemixPlanet.Net are produced by DJ’s, for DJ’s to improve authorized use in closed-circuit, public performance displays ONLY.
You agree and certify not to resale, distribute, publicly display, duplicate, violate any applicable laws, including federal copyright laws, or conduct any other unauthorized use any content access from RemixPlanet.Net .
RemixPlanet.Net reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and your continued use of the Web Sites constitutes Your agreement as to all such updated or modified terms.
INTELLECTUAL PROPERTY RIGHTS
All copyrights in and to the RemixPlanet.Net Web Site and Service, including but not limited to, our logo, graphics, content, postings, links, and materials, and software, are owned by RemixPlanet.Net . The delivery of any RemixPlanet.Net products or services does not transfer to you any commercial or copyright rights to the products or services. All trademarks, service marks, trade names, graphics, company names, slogans, logos, and any other copyright items used in connection with the Service may be trademarks of their respective owners. You are granted no right to copy, distribute or use them otherwise without the prior written consent of the respective owners.
RemixPlanet.Net may offer interactive features that allow you to, among things, submit or post information and materials viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe upon copyright material or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, we may copy, sub-license, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit card information.
We reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY
RemixPlanet.Net is not a music distributor but rather a web hosting service provider provides a content directory linking to other public published digital media and content on other servers. More specifically we are defined as an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). The users who use the RemixPlanet.Net.net Web Site have represented that they have full rights to submit content to the RemixPlanet.Net.net Web Site, and that RemixPlanet.Net does not undertake any obligation or liability relating to the Content or to the users’ activities.
While RemixPlanet.Net is not in a legal position to determine who has the prevailing claim to use any particular content or name posted to the web site, we are 100% compliant with DMCA policies and procedures.
Copyright holders who believes their copyright is being infringed upon, and contacting the user directly has not resulted in satisfactory results, should contact RemixPlanet.Net to verify that the content and/or digital media source is hosted on RemixPlanet.Net , or another hosting service provider. If the content or digital media is hosted with RemixPlanet.Net , the copyright holder will need to write a Proper DMCA Notice to notify RemixPlanet.Net of particular facts in a document signed under penalty of perjury, and e-mail to dmca@RemixPlanet.Net.net. The Notice must provide the following information:
(1) Identify themselves as either: The owner of a copyrighted work(s), or A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(2) State their contact information, including your TRUE NAME, street address, telephone number, and email address.
(3) Identify the copyrighted work that they believe is being infringed, or if a large number of works are appearing at a single users profile, a representative list of the works.
(4) Identify the material claimed infringing their copyrighted work, requesting that RemixPlanet.Net may disable access over the World Wide Web.
(5) Identify the location of the material on the World Wide Web by providing “information reasonably sufficient to permit RemixPlanet.Net to locate the material.”
(6) State that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.”
(7) State that the information in the notice is accurate, under penalty of perjury. Sign the notice with either a physical or electronic signature.
It is expected that all users of the RemixPlanet.Net will comply with applicable copyright laws. However, if RemixPlanet.Net is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. RemixPlanet.Net will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. When notified of such abuse, RemixPlanet.Net will immediately disable access to disputed material and the user account/subscription privileges will be terminated. Users may protest a DMCA notice by submitting a Counter-notification.
CONTENT POSTING RULES
RemixPlanet.Net offers “Post a Mix” section to DJ and Producer users to contribute and post a link/url of a mix already publicly available on the World Wide Web for the promotion their talent and services. The following rules apply when posting Content on the RemixPlanet.Net web site:
1) Your Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights
2) Your Content shall not create any liability for RemixPlanet.Net or any of its respective parents, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
3) Your Content is an original work by you and/or you have all necessary rights, licenses, consents and permissions to use, and to authorize RemixPlanet.Net to use, any and all copyrights, performance rights or other intellectual property rights in and to your Content in order to use the Content on RemixPlanet.Net Website and Services;
4) You have any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on RemixPlanet.Net Website and Services (for posting a link/URL of mix, mashup, video, or remix that was produced by another DJ please identify them in the DJ/Producer text box on the posting form. You absolutely cannot post other DJs’ or Producers’ work and claim them as your own. If your mix includes songs mixed by other DJs/Producers, be sure to give them credit in the description or DJ/Producer text boxes on the posting form).
In order to provide these services and resources for DJs, RemixPlanet.Net must maintain a high-level of integrity in its content. Users in violation of any other rules are subject to immediate termination of their access. These rules are required for all users, are monitored, and strictly enforced.
Any and all Content on RemixPlanet.Net Web Site is generated by you, not by RemixPlanet.Net , therefore remains in your sole property and responsibility.
RemixPlanet.Net does not claim any ownership rights in any Content and other materials which users uploads, posts, stores or exchanges through RemixPlanet.Net Web Site and Services.
You hereby expressly acknowledge and agree that you, and not RemixPlanet.Net , are fully responsible for all content that you upload, post, e-mail, transmit or otherwise makes available through RemixPlanet.Net Web Site or Services.
You acknowledge that Content uploaded to, or transmitted through RemixPlanet.Net Web Site or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. You must not upload, display, send, transmit or otherwise make available any Content in which you do not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by you may constitute an infringement of the copyright holders’ rights and may result in civil litigation and criminal prosecution.
We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. We may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
TECHNOLOGICAL AND USE LIMITATIONS
RemixPlanet.Net will make reasonable efforts to keep the RemixPlanet.Net Web Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of RemixPlanet.Net may, from time to time, result in temporary service interruptions. RemixPlanet.Net also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that RemixPlanet.Net shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
By registering in with the RemixPlanet.Net Web Site and Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. Because the Service includes personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. RemixPlanet.Net reserves the right to immediately and permanently terminate your access to the RemixPlanet.Net Web Site or Service if RemixPlanet.Net believes that you are violating such limitation.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the RemixPlanet.Net Web Sites, Database, and/or Service or to breach security or authentication measures, regardless of your motives or intent; or (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE RemixPlanet.Net WEB SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE RemixPlanet.Net WEB SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RemixPlanet.Net, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT RemixPlanet.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys fees, expert fees and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your Login IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
GOVERNING LAW, JURISDICTION AND VENUE
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the state of California and all applicable federal laws, all of which are made part of this Agreement and incorporated herein as if fully set forth. This Agreement is also subject to any amendments in such laws during the entire duration of your use of the RemixPlanet.Net Web Site and Service. The California state court, County of Sacramento, shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and Customer hereby consents to the jurisdiction of such courts.
Due to the nature of digital products, we do not offer refunds for any reason. If you have trouble downloading your purchased, please contact us and we will be happy to resolve your issue.
ALL SALES ARE FINAL.