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Terms of Use
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE ultimix.com. BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Ultimix is a resource for professional DJs only. You must be a professional club, event, or radio disc jockey to subscribe to our service. You must be a working non-broadcast professional to employ any video elements represented on this site. You must certify that you are a professional club, event, or radio DJ and that video content will not be used for broadcast.
Agreement. By using our site ultimix.com (“ultimix.com” or “the Website”), you agree to abide by the terms and conditions of this Terms of Use and the ultimix.com” Privacy Policy. These are legally binding agreements between you and us; please read them carefully. If you do not agree to these Terms of Use, please do not use the Website. When using ultimix.com” you also are subject to other posted guidelines or rules applicable to certain services available on our Website. All such guidelines and rules are part of this Terms of Use and you agree to them by using ultimix.com”. The Website is operated by Ultimix Records. The terms “we” and “our” refer to Ultimix Records and/or the Website.
Changes to the Terms of Use. We may change the Terms of Use from time to time, in which case we will post the revised Terms of Use on the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend or discontinue the Website, or any portion of the Website, at any time in our sole discretion. From time to time, we may establish general practices, limits, or restrictions concerning the use of the Website and the posting of information, comments, images, or other materials by Website users and/or registered members of the Website.
Age, Registration and Posting. Personal information submitted to the Website is governed by the Website’s Privacy Policy. We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 13 to post information, content, images, comments, or other matter on the Website. To post information, content, images, videos, comments, or other matter on ultimix.com, or to obtain access to certain ultimix.com services, you must be at least 13 years of age. ultimix.com reserves the right to condition use of the Website or posting of information, content, images, comments, or other matter to the Website to those Website users who become a registered user of the Website.
Right to Screen Content. We have the right (but not the obligation), in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment and sole discretion violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Content and Information Provided on or By ultimix.com. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Ultimix Records and/or ultimix.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ultimix Records and ultimix.com reserve all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for commercial or any other purposes, without the advance written consent of Ultimix Records and the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the Website. In addition to the foregoing:
• You may not create a link to this website from another website or document without ultimix.com prior written consent.
• You must be a professional DJ currently working in the industry.
• You agree to use the media contained on the ultimix.com website for no other purpose than to promote the existing and original works contained within the remix and/or re-edited media.
• You agree not to resell, redistribute, exchange or trade any of the media obtained on the ultimix.com website.
• You are responsible for applicable ASCAP, BMI, SESAC, or other related licenses and fees. The ultimix.com will not be responsible for locating, relaying, researching, or notifying you of any of these related licenses and fees.
• The original artists, labels, sublabels and publishers retain any and all copyrights and the ultimix.com website, its owner(s), its employee(s), or contributing producer(s) shall be held harmless for any and all activity and from any member activities that do not oblige by the terms and condition of this agreement and any agreement illustrated collectively on the ultimix.com website.
• Any violation to these conditions will be result in a permanent denial of access to the ultimix.com website.
• When subscribing to Ultimix, Funkymix and or both, you must remain a subscriber for a minimum of 90 days. You may cancel your subscription at anytime after the 90 day period.
User Submissions. The Website may now or in the future permit the submission of information, content, images, videos, comments, or other matter by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any Content submitted by a Website user, or for Ultimix Record’s or ultimix.com’s failure to receive or store submitted Content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via, or link to, from the Website and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our Website; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize Ultimix Records and ultimix.com to use the User Submissions in the manner contemplated by this Website and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ultimix.com, you hereby grant Ultimix Records and ultimix.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions for any purpose whatsoever in connection with the Website and Ultimix Records (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods, misrepresentations, or deceptive matter that could damage Ultimix Records, ultimix.com, or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, sexually explicit, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, living or dead, real or fictitious.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ultimix Records and ultimix.com expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of intellectual property rights on the Website, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice. If and when the Website requires registration, we will also terminate a User’s access to the Website, if we determine, in our sole discretion, that the User is a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornographic, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or (if and when the Website requires registration) terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
Prohibited Content. By using the Website, you agree that you will not post or otherwise make available any Content or material that, in addition to limitations described elsewhere in these Terms and Conditions:
• is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes or invades the privacy or other rights of others or interferes with the ability of others to enjoy the Website;
• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• harms minors in any way;
• impersonates any person or entity, living or dead, real or fictitious, including, but not limited to, a Ultimix Records employee or another ultimix.com member, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
• includes personal or identifying information about another person without that person’s express consent;
• is false, deceptive, misleading, deceitful or misinformative;
• is non-local or otherwise irrelevant;
• infringes any copyright, patent, trademark, trade secret or other intellectual property or proprietary rights of any party;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
• interferes with or disrupts the Website service or servers or networks connected to ultimix.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
• intentionally or unintentionally violates any applicable local, state, national or international law;
• provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or any other relevant statute, regulation, or policy.
Prohibited Behavior. By using the Website, you agree that you will not:
• contact anyone who has asked not to be contacted;
• engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
• collect personal data about, or the e-mail addresses of, other ultimix.com users for commercial or unlawful purposes or for purposes of sending unsolicited communications;
• repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Website infrastructure;
• take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Website (such as submitting an excessive number of messages—i.e., a “flooding attack”), or that otherwise negatively affects other users’ ability to use the Website and/or services;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that otherwise comply with our Terms of Use.
External Links. ultimix.com may contain links to other websites that are not owned or operated by Ultimix Records and are separate and independent from our Website. Visiting such other websites from ultimix.com is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another website does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.
Copyright Infringement Notification Procedure. If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied and is accessible on this Website in a way that constitutes copyright infringement, please notify us. Click here for instructions on how to do so.
Your Responsibilities. You agree to use the Website in accordance with this Terms of Use, including our Privacy Policy. You agree that use of the Website is solely at your own risk. If you see something on the Website that you believe violates these Terms of Use, interferes with the ability of others to enjoy the Website, or is otherwise objectionable, please notify our Webmaster.
If there is a dispute between persons who are users of this Website, or between a Website user and any third party, you understand and agree that we are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other Website users, you release Ultimix Records, ultimix.com, their officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the ultimix.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Ultimix Records and ultimix.com grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ultimix Records and ultimix.com reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names (if any), from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Disclaimer of Warranty; Limitation of Liability; Indemnification. We work hard to make and maintain this Website. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Website.
NO WARRANTIES: YOU AGREE THAT USE OF THE ULTIMIX.com WEBSITE (“ULTIMIX.com SITE” OR “SITE”) AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY ULTIMIX, INC. AND ULTIMIX.com ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. ULTIMIX RECORDS AND ULTIMIX.com MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ULTIMIX RECORDS AND ULTIMIX.com DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND/OR MPLIED, FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE ULTIMIX.com SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL ULTIMIX RECORS, ULTIMIX.com, OR THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF ULTIMIX.com AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ULTIMIX RECORDS OR ULTIMIX.com FOR THE USE OF THIS WEBSITE.
SPECIFIC DISCLAIMER FOR DOWNLOADING FILES: ULTIMIX RECORDS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE OR THE SERVICE, THE ACCURACY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR THE SERVICE, OR QUALITY OF ANY FILE USED IN CONJUNCTION WITH THE WEBSITE OR THE SERVICE IS SOLELY AND EXCLUSIVELY WITH YOU THE USER.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ULTIMIX RECORDS, ULTIMIX.com, THEIR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE ULTIMIX.com SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT, IF ANY.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous. The Website and/or its content may be transmitted to you over various networks, and any material that you contribute may be modified to comply with these Terms of Use or to conform and adapt to our technical requirements and those of connecting networks or devices.
You are solely responsible for obtaining access to the Website, and you must provide and be responsible for all equipment needed to access the Website.
Our failure to exercise or enforce any of our rights or to enforce any provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms of Use will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law and Forum. Any dispute of any sort that might arise between you and ultimix.com will be governed by the laws of the United States and of the State of NC, without regard to their principles of conflict of laws. You and ultimix.com submit to the exclusive jurisdiction of the state and federal courts in the United States of America and that forum and venue shall be exclusive to Guilford County.
Feedback. We welcome your questions or comments about these Terms of Use or our Website, and also welcome any suggestions you may have for improvement of our Website.
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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 notification, 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 the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the person submitting the counter notice.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has 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.
4. The name, address, and telephone number of the person submitting the counter notice, and a statement that such person consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the address is outside of the United States, for any judicial district in which the service provider may be found, and that the person submitting the counter notice will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
Address
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. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
ultimix.com reserves the right to change the terms and conditions of this notification policy from time to time.
Returns / Refunds / Cancellation Policy
Exchange Only - Refunds will only be given due to erroneous charges.
* No Returns unless item is defective.
* Defective items may be returned and exhanged for an identical item within 7 days or receipt
* Recurring billing / "Pay As You Go" subscriptions may be cancelled by the customer at anytime.
Delivery / Shipping Policy
Orders will be shipped next business day via customer specified shipping method. |
