Terms of Use
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 2007 MeeMix Inc. All rights
reserved.
