Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS ("Terms & Conditions") CAREFULLY BEFORE USING THE MIXCLOUD WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Mixcloud Limited ("Mixcloud", "we", "our" or "us"), First Floor, 96 Leonard Street, London, EC2A 4RH, UK, company registration number 06710137, provides access to the Mixcloud website, at the url www.mixcloud.com and related urls (the "Website"), and all current and future services, software and data accessed via the Website, including the Mixcloud widgets and the Mixcloud API (the "Services"). The Website and the Services are referred to together in these Terms & Conditions as the "Platform".
These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of Mixcloud (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
Children under the age of 13 are not eligible to use the Website and must not attempt to register with Mixcloud and/or submit any personal information to us.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PLATFORM.
1. Changes to the Platform and the Terms & Conditions
We reserve the right to add, delete or amend parts of these Terms & Conditions at our sole discretion and at any time without prior notice to you. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the revised Terms & Conditions.
2. Description of Website and the Services
Access to the Platform currently provides users with access to the Services and further online tools and resources such as audio, personalised content, social features and targeted advertising messages. The Platform enables you to upload, share and discover audio and personalised content with all other users on the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to these Terms & Conditions. It is possible that these Terms & Conditions and a separate end user licence or similar agreement may apply to a bespoke service or product offered by Mixcloud. In this case, these Terms & Conditions will also apply to any licence or similar agreement, unless stated otherwise in the relevant licence or other agreement. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Platform without notice or liability to you or any third party.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership and Licence
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities - collectively referred to as the "Content") are the property of Mixcloud, its subsidiaries, affiliates and/or licensors.
The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the Mixcloud Platform.
Unless expressly granted in writing by Mixcloud, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from Mixcloud or the applicable intellectual property rights holder as identified on the Website.
Subject to your strict compliance with these Terms & Conditions, Mixcloud grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:
1. listen to audio streamed from the Website
2. submit or upload audio, images and other content to the Website strictly as permitted in accordance with these Terms & Conditions and any other terms posted on the Website;
3. embed Mixcloud widgets on your personal website, blog or social network profile pages for non-commercial and private use only; and
4. participate in the Mixcloud social features and communicate with other members of the Mixcloud community; You may not embed or otherwise exploit Mixcloud widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains a Mixcloud widget). Mixcloud alone shall be responsible for determining, in its discretion, whether any use of a Mixcloud widget constitutes commercial use in each individual case.
4. Links and Third Party Content
Mixcloud or third parties may provide links on the Platform to other sites or content ("Other Sites"). Mixcloud has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Platform. The Platform provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Platform, our Terms & Conditions no longer govern. You should review applicable Terms & Conditions, including the privacy and data gathering practices, of any Other Sites.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Platform. Your correspondence and business dealings with others found on or through the Platform and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Mixcloud will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on or through the Platform. Descriptions of, or references to, products, services or publications on the Platform do not imply endorsement of that product, service or publication.
5. Our Linking and Widget Policy
You may include links to the Website or include widgets in any website under the following criteria:
(a) You may link to, but not replicate, the Content;
(b) You must not imply that Mixcloud or the Platform are endorsing or sponsoring your website or its products, unless Mixcloud has given its prior written consent;
(c) You must not present false information about Mixcloud or its products or services;
(d) You must not use any Mixcloud Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Mixcloud;
(e) The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
(f) The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.
By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.
Mixcloud widgets are designed to enable our users to share Mixcloud with their friends. You are strictly prohibited from using any of the Mixcloud widgets for any form of commercial use, unless with prior written consent from Mixcloud. If you are the operator of a commercial website and would like to include Mixcloud widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us by emailing feedback AT mixcloud DOT com.
Mixcloud reserves the right to remove links or to block Mixcloud widgets at any time and for any reason in its absolute discretion.
6. Prohibited Uses
1. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. You further agree not to engage in the unauthorized sharing of sound recordings with other users of the Mixcloud Platform, including, but not limited to, the sharing of some or all of the individual sound recordings embodied in any audio content available on the Mixcloud Platform, or the individual sound recordings comprising a piece of audio content.
2. Any use by you of the Platform other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Platform, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than for your personal, private, non-commercial purposes.
3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent.
4. You agree not to intentionally interfere with or damage, impair or disable the operation of the Platform or any user's enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
5. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.
6. You agree not to attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform.
8. You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
9. You agree not to utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Mixcloud's name or trademarks without our express written consent.
10. You will promptly remove any links that Mixcloud finds objectionable in its sole discretion. You agree not to use any Mixcloud logos, graphics, or trademarks as part of the link without our express consent.
11. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
12. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
13. You agree not to modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
14. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Mixcloud Platform, features that prevent or restrict the use or copying of any content accessible through the Mixcloud Platform, or features that enforce limitations on the use of the Mixcloud Platform. The Mixcloud Platform contains programming limitations that are enforced through technical measures adopted by Mixcloud, and any efforts to disable or defeat those efforts for the purpose of violating any provisions of the statutory licenses set forth in Sections 112 and 114 of the U.S. Copyright Act is strictly prohibited.
15. Programming Limitations. By using the Mixcloud Platform, you agree to the following programming limitations, noncompliance with which will result in Mixcloud's removal of applicable content from public access and commencement of steps under its Repeat Infringer Policy, including terminating your right to use the Mixcloud Platform: (a) No more than 3 songs from one album (and no more than 2 consecutively), (b) No more than 4 songs from one recording artist (and no more than 3 consecutively), (c) No more than 4 songs from one compilation (and no more than 3 consecutively). All tracklist names, titles and metadata must be accurately identified, and you may not deliberately seek to misidentify any such information. Only songs that have been lawfully disseminated under the authority of the copyright owner may be included in a upload. In addition song names may not be included in the title or description of content, whether on the Mixcloud Platform or on third party websites
16. You represent, warrant and agree that you will comply with the above acceptable use requirements. Mixcloud reserves the right, in its sole discretion, to terminate any user's account or take such other action as Mixcloud sees fit in relation to any user who partakes in any of Mixcloud's prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, Mixcloud reserves the right to take court action and/or report users to the relevant authorities.
7. User Accounts, Additional Terms, End User License Agreements
In order to access some features of the Platform, you will have to create an account. You agree that the information you provide to Mixcloud upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Mixcloud may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal processes; (b) enforce these Terms & Conditions;
(c) respond to a claim that any information submitted by a user violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Mixcloud, its users and the public.
In some instances, these Terms & Conditions and separate end user licence agreements or terms & conditions that set forth additional conditions may apply to Services or products offered via the Website. To the extent there is a conflict between these Terms & Conditions and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will apply, unless the additional conditions expressly state that these Terms & Conditions apply. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms & Conditions will apply.
When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Mixcloud. You may be liable for the losses incurred by Mixcloud or others due to any unauthorized use of your account.
Mixcloud may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. These terms and conditions can be found below, unless otherwise stated on the specific competition page. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.9.1 Competition terms
(a) From time to time Mixcloud will hold competitions on the Platform.
(b) By entering one or all of the competitions you agree to be bound by these terms and conditions.9.2 Conditions
(a) Details of how to enter, who the competition is open to and the deadline shall be found on the competition page itself.
(b) All entrants must be over the age of 18, unless otherwise stated.
(c) All entries must be received by the deadline date which can be found on the respective competition page.
(d) Each entrant irrevocably grants to Mixcloud and its associated companies the exclusive, non-transferable, worldwide and free of charge and of royalty, rights to use, develop, adapt and market all or any of the User Submissions submitted by the entrant in the competition.
(e) There shall be no purchase necessary for any of our competitions unless otherwise stated on the competition page.
(f) Each entrant consents to Mixcloud the right to pass on the entrant's name and email address to the third party competition partners (whose names are stated on the competition page).9.3 Prizes
(a) All winners shall be notified by email (unless otherwise stated) at our discretion following the deadline date. The adjudicator's decision is final.
(b) All prizes described for each competition will be those available as at the date of publication. However any prizes which are donated by third parties are subject to those third parties honouring their prize and shall be subject to the third party's terms and conditions.
(c) Prizes are non transferable unless stated on the competition page and there shall be no cash alternatives.
(d) Winners may be required to participate in publicity with either Mixcloud or the third party prize donors or both.9.4 Liability
Mixcloud accepts no liability for:
(i) any loss of prizes including but not limited to any occurrence beyond our control; (ii) any lost, late, misdirected, illegible or inaudible entry; (iii) any third party prize donor not honouring their prize; or (iv) any technical, network, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive any entry or information by Mixcloud on account of including but not limited to technical problems or traffic congestion on the Internet or any combination.9.5 Miscellaneous
(a) We reserve the right to terminate or modify any or all of the competitions at any time and at our sole discretion.
(b) By entering any or all of the competitions you agree to be bound by these terms and conditions.
10. Copyrights and Copyright Agents
Mixcloud aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Mixcloud Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice ("Notice") which should include the following written information:
1. a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mixcloud to locate the material (e.g. a URL and/or screen shot);
4. your full name, email address, postal address and telephone number on which you can be contacted;
5. a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
7. a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Mixcloud's agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
For: Copyright Agent, Mixcloud Ltd, First Floor, 96 Leonard Street, London, EC2A 4RH, UK
Alternatively via our reporting section
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to Mixcloud.
11. User Submissions
a. General.The Platform permits the submission and posting or linking of audio, images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Mixcloud. Mixcloud makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Mixcloud does not guarantee any confidentiality with respect to any User Submissions.
b. Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mixcloud, you hereby grant Mixcloud and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Mixcloud Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant Mixcloud and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions.
c. User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Mixcloud to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Mixcloud and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, Mixcloud's use of such User Submissions pursuant to these Terms , and Mixcloud's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
d. User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Mixcloud or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.
e. In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, Mixcloud reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.
a. Audio Content. Mixcloud allows you to upload a collection of sound recordings that have been released to the public under the authority of the copyright owners of the sound recordings (the "Audio Content"), and then have that Audio Content streamed through the Mixcloud Platform.You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize Mixcloud to reproduce, publicly perform, and otherwise use Audio Content uploaded by you in the manner outlined by Mixcloud and these Terms. You further represent and warrant that you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by Mixcloud to ensure the compliance with any laws or regulations, including, but not limited to, limitations set forth in Sections 112 and 114 of the United States Copyright Act.
b. Audio Content Representations and Warranties. You hereby represent and warrant that when using the Mixcloud Platform for audio streaming, you will not interfere with the streaming mechanism of the Mixcloud Platform, including in any way that interferes with the ability of the Mixcloud Platform to comply with Sections 112 and 114 of the United States Copyright Act, the regulations adopted pursuant thereto or other provisions of the copyright laws of the United States or any other applicable laws and regulations of jurisdictions in which you may be resident. You further represent and warrant that any Audio Content uploaded by you onto the Mixcloud Platform (a) will include the complete and correct titles of the sound recordings (i.e., song names), and featured recording artist names (b) you have not and will not misidentify any metadata for any Audio Content uploaded by you or any other person to the Mixcloud Platform; (c) any Audio Content uploaded by you to the Mixcloud Platform is from a lawfully obtained phonorecord and not from any illegally acquired content, including any content downloaded from unauthorized or illegal peer-to-peer file sharing services; and (d) the Audio Content uploaded to the Mixcloud Platform has been publicly released in the United States under the consent of the copyright owner of the Audio Content (e.g., the Audio Content is not from a bootleg recording or unauthorized remix or recording).
c. Content disclaimer. You understand that when using the Mixcloud Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively known as "Content") from a variety of sources, and that Mixcloud is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mixcloud with respect thereto. Mixcloud does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Mixcloud be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the Mixcloud Platform.
d. Monitoring Users and Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Mixcloud, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Mixcloud Platform. Mixcloud does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, Mixcloud chooses, in its sole discretion, to monitor Content, Mixcloud nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that Mixcloud may or may not pre-screen User Submissions, but that Mixcloud and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Mixcloud Platform. Without limiting the foregoing, Mixcloud and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Mixcloud violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.
e. Removal of Content. Mixcloud, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
13. Disclaimer of Warranties
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MIXCLOUD AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. MIXCLOUD DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MIXCLOUD DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MIXCLOUD SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, MIXCLOUD AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
MIXCLOUD, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "MIXCLOUD ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
14. Disclaimers/Limitation of Liability
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT MIXCLOUD FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL MIXCLOUD, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "MIXCLOUD ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MIXCLOUD OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE MIXCLOUD ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES MIXCLOUD'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS & CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
THE MIXCLOUD ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MIXCLOUD'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY MIXCLOUD AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY MIXCLOUD WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to indemnify, hold harmless, and keep Mixcloud, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms & Conditions, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by Mixcloud in the defence of any claim. Notwithstanding the foregoing, Mixcloud retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Mixcloud herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Mixcloud 's prior written approval.
16. Governing Law
These Terms & Conditions and the interpretation of these Terms & Conditions shall be governed by and construed in accordance with the laws of England.
Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms & Conditions.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.
These Terms & Conditions and any applicable end user licence or similar agreements contain the sole and entire agreement between Mixcloud and its users with respect to the Platform, the Content and User Submissions and supersedes any and all other prior written or oral agreements between Mixcloud and its users. If any provision of these Terms & Conditions shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms & Conditions. No waiver on the part of Mixcloud of any of these Terms & Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of Mixcloud. Nothing in these Terms & Conditions are intended to confer on any third party (whether referred to in the Terms & Conditions by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms & Conditions.
You understand and agree that Mixcloud will determine your compliance with these Terms & Conditions in its sole discretion. Mixcloud reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Mixcloud maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms & Conditions. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Mixcloud, you must destroy all materials obtained from the Platform and all related documentation.
20. Inactive account policy
We encourage users to actively log in and use Mixcloud when they register an account. To keep your account active, be sure to log in and listen or upload a piece of audio content at least every 6 months. Accounts may be permanently disabled due to prolonged inactivity (based on a combination of listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
Mixcloud may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st January 2009.
1. Personal Information
In order to use certain features of the Website, you will need to register. When registering you will be asked to provide an email address and create a username and password. You may also choose to create a more detailed profile of yourself on the Website by submitting additional personal information. Please note that even if you do not provide any additional personal information to the Website (e.g. by adding it to your user profile), if you choose a username that includes or reveals your name or any other personal information, such information will then be available to other users of the Website and to the general public. For purposes of this Policy, the terms "personal information" and "personally identifiable information" shall mean all information provided during your initial registration on the Website and during your creation of a user profile, including, for example, your real name, e-mail address, postal address and other location information, your age, your gender and certain other demographic information or information that may enable online or offline contact with you. From the moment you register and begin listening to audio on Mixcloud, we will monitor your activity on the website and log this information in our databases. This includes which audio content you listen to or which you have submitted, when you listen to them, how long you listen to them for, which audio content you favourite and so on. We will also monitor and log your audio sharing activities. This information relating to your listening and audio sharing activities can be viewed by all other users of Mixcloud. Mixcloud may make some of this information available to third parties to undertake development of new products and services via an API.
If you choose to purchase audio or other goods or services by clicking on a third party link provided on the Website (for example, a link to www.amazon.com), such third party may collect your personal details (such as your credit card number, address, etc.) for the purpose of completing a transaction. We may be provided with confirmation of your transactions with such third parties and, in some instances, such confirmation may include your personal information. Aside from such confirmations, the only information that we will collect with respect to such third party links is: (a) the number of generic Mixcloud users who utilized such third party links; and (b) the number of purchases made by these generic users.
Where you upload photographs or other content as part of your user profile, you should be aware that Mixcloud is entitled to use those photographs and content in accordance with our Terms & Conditions. Mixcloud discourages users from uploading photographs of friends or other people without their permission.
2. Location-based Information
We keep track of the domains from which people visit Mixcloud, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us. If you do choose to include information about your city or country of residence when setting up your user profile, please be aware that such information may be available for viewing by other users of the Website and to the general public.
3. Browser Information
We collect data regarding the users of Mixcloud, including: (i) The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP); (ii) The referring URL, if any; (iii) The browser software identification (i.e. the brand and version of your browser software).
4. Use of Personal Information
We will use the email address provided by you when you register to contact you from time to time. This may be for security reasons (so that we can check that you are who you say you are), to ask your opinion about the Website, or it may be to keep you updated on the services currently available on the Website and any changes to those services and those that we intend to launch in the future. We may also use such personal information to send you notices, on behalf of others and ourselves, regarding products and services that we think may be of interest to you. Mixcloud may also use your personal information and non-personal information to help Mixcloud and its commercial partners deliver targeted advertisements, promotions and other similar initiatives to you. We will not permit any third parties to contact you directly on an unsolicited basis in relation to their own products or services, unless you have provided your express prior consent when signing up on the Website. You may withdraw your prior consent by notifying us via the "Reports" option on the contact page.
Your username, together with other information concerning your use of the Website, as well as any personal information included in your user profile, may be made available via Mixcloud's open application interface (the "API").
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You should never disclose your account password to unauthorised people. We use certain security measures to help keep your personal information safe, but we cannot guarantee that these measures will stop any users try to get around the privacy or security settings on the Website through unforeseen and/or illegal activity. Consequently, you acknowledge that there are circumstances in which your personal information may be accessed by unauthorised persons.
n the event that we believe that the security of your personal information in our possession or control may have been compromised or could be at risk, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us via the "Reports" option on the contact page with the alternative contact information you wish to be used.
6. Comments / Communications With Other Users
We currently offer the functionality to comment on content and other users on Mixcloud. In the future we may offer other interactive features. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may, but have no obligation to, monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other Mixcloud user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of Mixcloud, you do so at your own risk. Mixcloud cannot be held responsible for any consequences which flow from your decision to communicate or interact with other Mixcloud users in places or under circumstances which we do not control. We advise you to use extreme caution whenever you post information, submit or share audio content, socialise or interact with people whom you have met via the internet.
From time to time, you will be able to send to a friend or to another service or a friend or contact may be able to send to you, information about our Website or services or audio content, by clicking on a "share this" or similar button on the Website or other third-party websites. We advise you to use caution whenever you share information and/or audio content.
A cookie is a small file which may be placed on your computer's hard drive. Once the file is added the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
8. Links to other websites
9. Data Protection
Mixcloud complies with the Data Protection Act 1998 (the "Act"), including UK amending legislation and E.U. Directives. Pursuant to the Act, you have the right to be informed of, and to have access to, all of the personally identifiable information we hold about you, and you may do so by visiting your user profile when logged-in to your account on the Website, or by e-mailing us via the "Reports" option on the contact page. A small admin fee may be payable.
We may store information provided by you on our servers in the U.S., the U.K and/or elsewhere within the EEA.
10. Transfers of your Information
We may use third-party partners to help operate our Website, and we may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as but not limited to Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Mixcloud operates an 'open API' and web services program, which enables developers and other third parties to freely use statistics and data collected by Mixcloud to create programs and other interesting services which help develop the Mixcloud community.
Certain third party individuals or organisations may have access to your personal information (excluding your email contact information) via Mixcloud's API and web services or as a result of agreements between Mixcloud and its preferred partners. However, you should be aware that if you provide your e-mail contact information and/or username directly to any such third parties, they may use your information for their own purposes. Such partners may use such information for their own purposes, which may be either commercial or non-commercial in nature and which may include targeted advertising or direct marketing. These purposes will be outlined to users, enabling users to opt-in or opt-out at any stage with respect to their e-mail addresses being used by third parties for specific purposes. These third parties may be based in the United Kingdom or elsewhere (including outside of the European Economic Area ("EEA")).
11. Third-Party Ad Servers
We may use third-party advertising companies to target and serve ads when you visit our Website. These companies may use information (generally not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and other tracking technologies to measure advertising effectiveness. Any information that these third parties collect via cookies is generally not personally identifiable unless, for example, you provide personal information to them through an ad or e-mail message. We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer Web site at http://www.networkadvertising.org/consumer.
12. Mixcloud Policy for Young People
Children under the age of 13 are not eligible to use the Website and must not attempt to register with Mixcloud and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us via the "Reports" option on the contact page, and we will delete all relevant information.
We recommend that children between the ages of 13 and 17 should not send any information about themselves to anyone over the Internet (including to us) without asking their parents/legal guardians for permission beforehand.
13. Legally-Compelled Disclosures
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy.
14. Business Transitions
If Mixcloud is acquired by another company or sells all or a portion of its assets to another company, or in the event of a merger, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, Mixcloud will endeavour to notify all users of such changes beforehand.
If Mixcloud makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the Website.
If you decide that you do not want your personal information to be used in the way described in this Policy, you can send us a notice that you wish to withdraw your consent as set out above by emailing us via the "Report" option on the contact page. If you do not provide your consent, or if you withdraw your consent, you should not use the Website as a registered user, since many of the Website's features are based on users' consent and will therefore be unavailable to you.
1. Notification of Copyright Infringement
Mixcloud respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mixcloud will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers".
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Mixcloud website and service (collectively the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to Mixcloud’s Designated Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Upon receipt of Notice as described below, Mixcloud will take whatever action, in its sole discretion, it deems appropriate.
2. DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
— "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
— "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Mixcloud’s Designated Copyright Agent:
Copyright Agent, Mixcloud Ltd, First Floor, 96 Leonard Street, London, EC2A 4RH, UK.
Alternatively via our reporting section.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
3. Counter Notices
1. Identification of the material that has been removed or to which access has been disabled on Mixcloud service and the location at which the material appeared before it was removed or access to it was disabled:
2. I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
3. Your name, address, telephone number and, if available, email address:
4. I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Mixcloud may be found, and I will accept service of process from the complaining party who notified Mixcloud of the alleged infringement or an agent of such person.
5. Provide your full legal name and your physical or electronic signature.
The Counter Notice should be delivered to Mixcloud’s Designated Copyright Agent:
Copyright Agent, Mixcloud Ltd, First Floor, 96 Leonard Street, London, EC2A 4RH, UK.
Alternatively via our reporting section.
4. Notification of Trademark Infringement
If you believe that your trademark (the "Mark") is being used by a user in a way that constitutes trademark infringement, please provide Mixcloud’s Designated Copyright Agent (specified above) with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit Mixcloud to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
4. Information reasonably sufficient to permit Mixcloud to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.
Upon receipt of notice as described above, Mixcloud will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service. A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then Mixcloud may exercise its discretion not to remove the Mark. If Mixcloud decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, Mixcloud will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.
5. Notification of Other Intellectual Property ("IP") Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide Mixcloud’s Designated Copyright Agent (specified above) with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit Mixcloud to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Mixcloud to determine without unreasonable effort that the IP has been infringed;
4. Information reasonably sufficient to permit Mixcloud to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, Mixcloud will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then Mixcloud may exercise its discretion not to remove the IP. If Mixcloud decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
6. Mixcloud Has No Obligation to Adjudicate IP Claims -- User’s Agreement to Hold Us Harmless From Claims
Claimants and users must understand that Mixcloud is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold Mixcloud harmless from any resulting claims of infringement brought against Mixcloud.
Subscription fee amount: A subscription fee for use of Pro/Premium services is payable monthly or annually depending on the subscription type chosen in advance by the Account Holder. The subscription rates are posted on our website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle, and an additional payment will be charged to account for the prorated change in service.
Free trials and beta trials: No charge for use of The Service will be made during any 'free trial' period or any 'beta trial' period. The Account Holder is not however entitled to benefit from more than one 'free trial' - if we discover that more than one 'free trial' has been requested, the Account Holder will become liable for payment of the subscription fee for all use of The Service made after the first 'free trial' period.
Automatic renewal: Once any 'free trial' or 'beta trial' period is over, we will automatically renew the Account Holder's subscription and bill them every month using the credit or debit card details provided to us, until the subscription is cancelled.
Non-payment: We shall be under no obligation to provide The Service if the subscription fee is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue, because for example the Account Holder's credit card has expired, we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder's account permanently.
Fees for multiple accounts: If you would like to use The Service to manage more than one account, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional account.
Cancellation: You may cancel your subscription at any time, for any reason. Upon cancellation you will continue to recieve the subscription benefits until the end of the current billing cycle, and no future payments will be taken.
Cancellation by you: You can cancel your subscription at any time by accessing The Service and using the "Cancel" option on the "Account Settings" page. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any account (including during any 'free trial' or 'beta trial' period) for any reason, by giving one months notice.
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