MEEMIX
LTD.
TERMS OF USE
This
Terms of Use Agreement (this "Agreement") is a legal agreement
between you and MeeMix Ltd., ("MeeMix") providing the terms
and conditions for your use of MeeMix' music services and Web site at http://www.meemix.com/
(respectfully, the "Services" and the "Site").
MeeMix
reserves the right, from time to time, to modify these terms of use. If you do not agree to, or cannot
comply with, the Agreement as amended, you must stop using the Services
or, if applicable, cancel your Services subscription. You will be deemed
to have accepted the Agreement as amended if you continue to use any of
the Services after any amendments are posted on the Site.
PARENTAL
ADVISORY.
If you are a user between the ages of 13 and 18, please review these
terms of use with your parents. Services may provide access to music
that contains explicit content including strong language or depictions
of violence, sex or substance abuse, parental discretion is advised for
all users under the age of 18. The site and services are not intended
for children under 13. You affirm that you are either older than 13
years of age, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
this Agreement, and to abide by and comply with the terms and conditions
under this Agreement.
This
agreement contains warranty and liability disclaimers. By using the site
or subscribing to the services. You accept and agree to the terms and
conditions of this agreement. If you do not agree to the terms of use
contained in this agreement, you are not authorized to use the site or
the services. You may be denied access to the services, with or without
prior notice to you, for noncompliance with any provision of this
agreement or if you are in default of your payments to MeeMix (if such
payment are required under the Services).
1.
AUTHORIZED USERS
1.1
1.2
Registration. Some functions of the Service, may require you to
register by selecting a unique user identification ("User
Name") and password, and providing certain information about
yourself. In registering as a user, you represent and warrant that you
are of legal age to form a binding contract, and agree to provide
accurate, current, and complete information about yourself as prompted,
and to maintain and promptly update the information to ensure that it
remains accurate, current, and complete. If you provide any information
that MeeMix believes to be inaccurate, not current, or incomplete, or if
you select a User Name that MeeMix, in its sole discretion, finds
offensive or inappropriate, MeeMix has the right to suspend or terminate
your account and refuse any and all current or future use of the
Service.
You
agree to (a) keep your password confidential and to only log in with
your User Name and password, (b) ensure that you exit from your account
at the end of each session, and (c) immediately notify MeeMix of any
unauthorized use of your User Name and/or password. You are fully
responsible for all activities that occur under your User Name and you
agree to indemnify and hold harmless MeeMix, affiliates and their
respective shareholders, officers and employees for any improper,
unauthorized or illegal use of the Site or Services. MeeMix will not be
liable for any loss or damage arising from your failure to comply with
this Section.
2.
LICENSE
2.1
License Granted. MeeMix grants to you a limited, non-exclusive,
non-transferable license to access and use the Services in the
2.2
Updates and Upgrades. At MeeMix' sole discretion MeeMix may
notify you through a patch process, or by email, or website posting of
such updates or upgrades available at no cost or subject to certain
fees. Some updates/upgrades may be optional and some may be mandatory in
order to use the Services.
3.
COPYRIGHTS AND TRADEMARKS
You
acknowledge that MeeMix owns or has a license to all title and
copyrights in and to the Services. All title and intellectual property
rights in and to the licensed content in the Services is the property of
the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties and subject
to use restrictions under such laws or treaties. MeeMix' trade marks
shall include any trademarks, service marks, graphics, and logos
(collectively, the "Trademarks") used in connection with the
Services. The Services may contain third-party trademarks, service
marks, graphics, and logos. You are not granted any right or license
with respect to Trademarks or the trademarks of any third party.
4.
RESTRICTIONS ON USE
You
agree that you will not: (i) use the Services to reproduce copyrighted
materials; (ii) copy, store, edit, change, prepare any derivative work
of or alter in any way any of the tracks streamed through the Services;
(iii) provide your password to any other person; (iv) translate, reverse
engineer, decompile, disassemble, modify or create derivative works
based on the Services or any portion of them; (v) circumvent any
technology used by MeeMix or its licensors to protect content accessible
via the Services; (vi) share or permit other individuals/entities to use
the Services, rent, lease or sublicense any of the Services; or (vii)
use the Services in any way that violates the terms of this Agreement.
5.
SECURITY
The
Services utilize technology to protect transmitted digital information.
Your use of the Services may be
limited by such technology. You acknowledge that, from time to time,
MeeMix may modify or discontinue using such technology. Security
modifications made by MeeMix may from time to time include required or
automated updates, modifications, patches, and/or reinstallations of
security software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR
NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL
OR CRIMINAL LIABILITY.
6.
TERMINATION
You
agree that MeeMix may, in its sole and absolute discretion and without
notice or liability to you or any third party, immediately terminate
your User Name, and remove or discard from the Services any and/or
content or materials associated with your User Name. Grounds for such
termination may include, but are not limited to, (a) extended periods of
inactivity, (b) violating or acting inconsistently with the letter or
spirit of this Agreement, (c) discontinuance or material modification of
the Services, or (d) requests by content owners or law enforcement or
other government agencies. MeeMix may also in its sole discretion and at
any time, discontinue providing this Site, the Services, or any part
thereof, with or without notice.
7.
DISCLAIMERS
7.1
THE SERVICES AND ANY UPDATES OR UPGRADES AND ANY CONTENT ACCESIBLE
THROUGH THE SITE ARE LICENSED TO YOU "AS IS." ANY USE OF THE
SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MEEMIX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. MEEMIX MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE
SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND
MEEMIX DISCLAIMS ANY LIABILITY RELATING THERETO.
7.2
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER
OBJECTIONABLE CONTENT WHEN USING THE MEEMIX SERVICES. MEEMIX WILL HAVE
NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
7.3
FURTHERANCE TO THE DISCLAIMERS ABOVE, AT THIS STAGE THE SERVICES ARE AT
A BETA STAGE AND THEREFORE WILL NOT BE FULLY AVAILABLE AND WILL NOT BE
PROVIDED AT A STABILITY OF POST-BETA SERVICES.
8.
LIMITATION OF LIABILITY
8.2
MEEMIX' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT
WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE
SERVICES AT ISSUE, DURING THE TWELVE MONTHS PRIOR TO THE EVENT THAT GAVE
RISE TO THE APPLICABLE CLAIM AND IF NO SUCH FEES WERE PAID THE TOTAL
AMOUNT OF ONE US DOLLAR ($1.00).
9.
INDEMNITY
YOU
WILL INDEMNIFY AND HOLD MEEMIX, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO
ANY SUITS OR CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES OR YOUR
BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY
INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF
ANY THIRD PARTY.
10.
AGREEMENT TO PAY
If
you elect to become a subscriber to the Services, you agree to pay all
fees and charges associated with your subscription on a timely basis.
All such fees and charges (including any taxes and late fees, as
applicable) will be charged on your credit card. You will maintain valid
credit card information in the account information under your User Name.
11. GENERAL
11.1
Unless otherwise addressed in this Agreement, the Services are subject
to MeeMix' privacy policy, as may be updated by MeeMix from time to time
and as further detailed in Exhibit A in this Agreement ("Privacy
Policy"). MeeMix may
cooperate with and disclose information (including your User Name) to
any authority, government official or third-party, without giving any
notice to you, in connection with any investigation, proceeding or claim
arising from an asserted illegal action or infringement due to your use
of the Services.
11.2
MeeMix or its business partners may present advertisements or
promotional materials on or through the Site and the Services. You agree
that MeeMix is not responsible or liable for any loss or damage of any
sort incurred as the result of the presence of such third parties on the
Site.
11.3
The Site and the Services may present links to third-party Web sites not
owned or operated by MeeMix. MeeMix is not responsible for the
availability of these third-party sites or their contents. MeeMix shall
not be held responsible or liable, directly or indirectly, for any
damage or loss caused by or in connection with your use of or reliance
on any content of any such third-party site or goods or services
available through any such third-party site.
11.4
MeeMix may assign any of its rights under this Agreement. You will not
sublicense, assign, or transfer the license granted to you under this
Agreement. Any attempt to sublicense, assign, or transfer any of the
rights, duties, or obligations in violation of the provisions of this
Agreement is void.
111.5
If you know of, or suspect, copyright infringement, please USE OUR FEEDBACK
FORM.
The FORM must contain all of the information set forth in Section
512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq. as
shall be modified.
11.6
Please note that MeeMix reserves the right, at its sole discretion, to
delete any infringing or offensive language posted in the Site including
through e-mail, in public-view personal profiles, public-view uploaded
materials, chat rooms, message boards, or intra-site message systems.
11.7
This Agreement will be governed by the laws of the State of
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE
BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS
AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND MEEMIX AND THAT IT SUPERSEDES ANY PROPOSAL OR
PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
YOU AND MEEMIX RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Exhibit
A
Privacy
Policy
This
Privacy Policy is incorporated into, and part of, the Agreement which
governs your use of the Site and the Services in general.
This
Privacy Policy is designed to assist you in understanding how we
collect, use and safeguard the personal information you provide to us
and is brought to you so you feel comfortable using our Site and/or
Services. MeeMix is committed to investing commercially reasonable
efforts in protecting the privacy of our users.
COLLECTION
AND USE OF INFORMATION
When
you register to the Site or the Services, we collect certain information
such as your first and last name, e-mail address, residency and date of
birth, as well as information about your use of the Site and/or the
Services and content within the Site and information provided by you
voluntarily (collectively, "User Information").
Any
personal information voluntarily disclosed by you through e-mail, in
public-view personal profiles, public-view uploaded materials, chat
rooms, message boards, or intra-site message systems, can be seen and
possibly used by others. Displaying personal information in such public
way via our Site, software or services may have unintended privacy
implications for you. In addition, MeeMix reserves the right to use at
its sole discretion, any user generated content that is publicly
presented through use of the Site and/or Services.
Your
User Information may be used by us for providing the Services as
described in the Agreement; and communications related to the Services
such as sending notices about new features, or other information of
interest to you relating to the Services or Site.
In
addition, you acknowledge, consent, and agree that MeeMix may access,
preserve, use, and disclose your User Information, including content
uploaded to or accessed from the Site or Services, if required to do so
by law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary to: (a) enforce the terms of the
Agreement ; (b) respond to claims
that any uploaded materials violate the rights of third parties; (c)
respond to your requests; (d) comply with legal process; and/or (e)
protect the rights, property, or personal safety of MeeMix, its users,
or the public.
The
Site and Services are constantly evolving and changing in content and in
features. User Information helps guide such changes and evolution.
Accordingly, we may access non-personally identifiable information such
as your computer's IP Address, and may gather aggregated information
about your and other users' use of our Site and/or Services, including,
without limitation, the manner, consistency, duration and other
information identifying and analyzing the ways in which you and other
users as whole use and access the Site and/or Services (including any
advertising thereon). We also may aggregate various statistical and
other data related to such use, including, without limitation,
ascertaining aggregated usage, patterns and other behavioral information
in order to expand and better develop our services to enhance your
experience. This information does not include individually identifiable
personal information. Our third party content providers, advertisers,
affiliates and other third parties may be provided some of this
information or data regarding usage patterns, advertising display or
interests, so that they too can better serve your needs and preferences,
but such disclosure will not include individually identifiable
information.
PROTECTION
OF PERSONAL INFORMATION
If
you choose a User Name and password when you register with our Site
and/or Services, your password will be known only to you unless you
disclose it to others.
At
MeeMix, we take commercially reasonable organizational and technical
steps to protect the privacy of your personal information stored in the
MeeMix computer systems. MeeMix will make reasonable efforts to ensure
that your information will be accessible only by authorized employees of
MeeMix who need to have access to this information in order to provide
you with Services and all the activities related to such Services. We
declare that we will not actively or knowingly expose the following
personal information: (i) email, (ii) name, and (iii) phone number,
however, you should be aware that there is no data that is transmitted
over the Internet that can be guaranteed 100% secure in transmission or
safe from theft or illegal capture.
NO
SPYWARE
We
naturally acknowledge the negative impact spyware has had on the
internet. We proudly say that to the best of our knowledge, the Site and
Services are free of adware and/or spyware.
COOKIES
MeeMix
places cookies on your computer to retain your individual preferences
and improve your user experience with the Site and Services, as well as
to tell us what features of our Site and/or Services are most popular.
You
can change the configuration of your browser in such a manner that you
will not be able to receive any cookies during your use of the Site
and/or Services. In that event, your access or use of certain parts of
our Site or Services, may be restricted.
UPDATE/DELETE
USER INFORMATION
All
of your User Information is located in your Personal MeeMix Profile.
Your profile can be edited at any time, by logging in to www.meemix.com
with your User Name and password. You should make sure that you protect
your password from disclosure because anyone that gains access to your
User Name and password will be able to edit your profile.
THIRD-PARTY
ADVERTISERS AND THIRD PARTY WEBSITES
MeeMix
allows third-parties including users of the Services, to serve
advertisements within the Site or Services. These third-parties may
send, directly to your browser, the advertisements and links that appear
on the Site and/or Services. They automatically receive your IP address
when this happens. They may also use other technologies (such as
cookies, JavaScript, or Web Beacons) to measure the effectiveness of
their advertisements and to personalize the advertising content you see.
MeeMix
does not provide any personally identifiable information to these third
parties without your consent or except as part of a specific program or
feature for which you will have the ability to opt-in or opt-out through
the Site or Services. However, please note that if an advertiser asks
MeeMix to show an advertisement to a certain audience (for example, men
ages 18-34) or audience segment (for example, men ages 18-24 who have
listened to certain content) and you respond to that advertisement, the
advertiser may conclude that you fit the description of the targeted
audience. Such third parties may also use information regarding your use
of the Site and/or Services (such as the number of times you viewed an
ad to determine which ads to deliver to you) but except as stated
herein, do not gain access to any personally identifiable information.
You
should consult the respective privacy policies of these third parties
for more information on their practices and for instructions on how to
opt-out of certain practices. This Privacy Policy does not apply to, and
we cannot control the activities of, such third parties - advertisers or
Sites.
WEB
FEEDS
MeeMix
may offer RSS (Really Simple Syndication) feeds as a convenient way to
pass information about your account or information that is publicly
available on the Site to your RSS reader or an RSS-associated website of
your choice. By using these RSS feeds you acknowledge and agree to the
following terms: (i) if you use the personalized RSS feeds relating to
your own information, you are consenting to the information about your
account being transferred to the location of the RSS feeds as enabled by
you. MeeMix will not pass personally identifying information using the
RSS feeds, however your use may cause such information to be associated
with you. It is your responsibility to handle this service and your
personal information associated with it, (ii) you shall not modify the
RSS feeds in any way, including the associated attribution to MeeMix,
(iii) MeeMix shall not be obligated in any way to provide you with RSS
feeds and makes no representation or warranty regarding its RSS feeds
and reserves the right to modify or terminate this service at any time
without notice.
CHANGES
TO THIS PRIVACY POLICY
MeeMix
may periodically update this Privacy Policy. We will notify you about
significant changes in the way we treat personal information by placing
a prominent notice on our Site or by the date at the top of this Privacy
Policy indicating when this policy has most recently been revised; we
encourage you to periodically revisit this Privacy Policy to ensure that
you are familiar with the current version. Your continued use of the
Site and/or Services after any change to the policy constitutes your
acceptance of this Privacy Policy.
ACQUISITION
OF COMPANY
As
MeeMix continues to develop its business, MeeMix might sell or purchase
subsidiaries or business units. In such transactions as well as in the
event MeeMix or substantially all of its assets or certain business
units are acquired by a third party, personal information of MeeMix
users will generally be one of the transferred business assets. We
reserve the right to include your personal information, collected as an
asset, in any such transfer to a third party.
CONTACTING
MEEMIX
If
you have a privacy concern regarding any of MeeMix Site, Services, or
this Privacy Policy, and if you cannot satisfactorily resolve it through
the use of the Site, you should complete a feedback
form .
©
Copyright 2010 MeeMix Inc. All rights reserved.