FIX AND MIX AUDIO
TERMS OF SERVICE
Fix and Mix Audio
TERMS OF SERVICE
Fix and Mix Audio and its content, including but not limited to the graphics, visuals, design, codes, algorithms and other site and application related matters are the property of Fix and Mix Audio or its content suppliers and is protected by United States and international copyright laws. You are prohibited from redistributing, copying, publishing or otherwise using any such materials in any manner that violates such laws.
Your Content, Rights and Admittances:
By using our site you are provided with a non-transferrable, non- exclusive license to access the platform while upholding our terms of service and other policies. Our platform offers you an opportunity to enhance and clean your existing creative material All content, information, or material you provide to Fix and Mix Audio is collectively referred to as the “works”. By using our platform you represent that the works are your own intellectual property and not the intellectual property of another person or entity. If the works are not your own intellectual property, then you represent that you have the authority to use the works, including the right to upload the works to the site, and grant Fix and Mix Audio a non-exclusive license to use the works in the manners planned. You further represent that the works and Fix and Mix Audio’s use of the works does not infringe any intellectual property rights of any third parties. You also represent that you will comply with the terms of any licensing agreement governing any works that are licensed, and that you will use the version of the works that Fix and Mix Audio delivers to you in compliance with applicable laws.
Fix and Mix Audio does not claim any copyright in the works, and the intellectual property and copyright of the works remain yours, or the copyright owners, when using our service. Should you violate someone else’s copyright or intellectual property rights when using our service Fix and Mix Audio is not liable for any damages incurred by you for such violations.
By using our service you accept that Fix and Mix Audio will be hosting, sharing, and enhancing your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and trusted entities we work with to back up and store / share your works with you. We are not responsible for ensuring that the content you share with the platform abides by the aforementioned and forthcoming principles.
Using our platform may require the use of personal email verification or authentication, or other means of password encryption to maintain privacy for your account. It is your responsibility to preserve the integrity of this information, and to not share your account or login details with other parties. Should other parties gain access to your account you will be responsible for their use of the account. In a situation where you feel your account or login info has been obtained without your permission you must notify us via email at firstname.lastname@example.org, and change your password as soon as possible.
By using the platform you agree to use it as an individual, with your own intellectual property, and not as an institution or larger entity or group of individuals operating through a single account.
In addition you are permitted to provide links to the application and its contents, provided that those links are not posted to sites that include pornographic, obscene, defamatory, or otherwise illegal / harmful material. This permission is granted unless we request you to cease providing links to our site, upon which you agree to discontinue providing such links immediately.
Acceptable Use Policy:
Our Acceptable Use Policy outlines acceptable and prohibited uses of the site. By using the site, you agree to use the site in accordance with the Acceptable Use Policy.
Proper Acknowledgement for Releases:
In the event that the application is used on a piece of audio that is released on Vimeo, YouTube, Facebook, Instagram, Twitter, iTunes, Spotify or other promotional or relevant medium, you agree to include “sound services by FixandMixAudio.com” in the credits section of said release. By using our platform you agree to give Fix and Mix Audio permission to use said audio and your name to promote our service.
Modification and Termination of the Site
Fix and Mix Audio is constantly trying to improve the site. Accordingly, Fix and Mix Audio reserves the right to make changes to its site at anytime. We also reserve the right to stop or terminate the site altogether.
DISCLAIMER OF WARRANTIES:
FIX AND MIX AUDIO’S SERVICES, INCLUDING WITHOUT LIMITATION OUR WEBSITE, APPLICATIONS, FORUM, PLUGINS, SOCIAL MEDIA PAGES, ALL SERVICES PROVIDED THROUGH OR BY OUR WEBSITE OR OTHER APPS, AND ALL INFORMATION, MATERIALS, PRODUCT, CONTENT, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY FIX AND MIX AUDIO (HEREINAFTER “THE OFFERINGS”) ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND “WITH ALL IMPERFECTIONS”. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, FIX AND MIX AUDIO MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OFFERINGS MADE AVAILABLE TO YOU BY FIX AND MIX AUDIO. FOR EXAMPLE, FIX AND MIX AUDIO DOES NOT PROMISE THAT THE SITE WILL BE ERROR FREE, VIRUS FREE AND WITHOUT ISSUE, THAT ITS SECURITY WILL BE INPENETRABLE, THAT YOU WILL HAVE CONTINUOUS OPERATION OF OR ACCESS TO THE SITE, OR THAT IT IS RESPONSIBLE FOR THE STORAGE AND SAFEKEEPING OF YOUR WORKS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FIX AND MIX AUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANIBILITY, COMPATIBILITY AND NON- INFRINGEMENT.
LIMITATION OF LIABILITY FOR USE OF OUR SITE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FIX AND MIX AUDIO AND ITS AFFILIATED PARTIES ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, GOODWILL OR REPUTATION, DATA LOSSES, FINANCIAL LOSSES, OR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OR YOUR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF FIX AND MIX AUDIO IS AT YOUR SOLE RISK.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF FIX AND MIX AUDIO OR ITS AFFILIATED PARTIES ARE FOUND TO BE LIABILE, OUR TOTAL LIABILITY TO YOU OR ANY THIRD- PARTY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SITE.
By using our service you agree to defend, indemnify, and hold harmless Fix and Mix Audio and its subsidiaries, agents, employees, successors, related parties, advertisers, advisors, members, managers, owners, and affiliates (collectively, “Affiliated Parties”) against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from: (i) your use of the site, (ii) a breach by you of your representations or covenants in this agreement, (iii) a violation by you of any Fix and Mix Audio policies, (iv) your business operations, or (v) any intellectual property infringement or violation made by you or your account on the site.
By using our platform you understand that the material and opinions shared by third-party sources on our platform are not representative of Fix and Mix Audio and its affiliates. This third- party content then does not represent Fix and Mix Audio nor does it reflect our opinions. Any third-party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us.
In the Case of Unlawful Practices:
If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit. These include but are not limited to disclosing information that we obtain from you on the platform to governmental and law enforcement agencies.
By using Fix and Mix Audio and using a paid offering of any kind within the platform you warrant that any payment information offered in such a transaction is true and complete, that the transactions you incur will be honored by your bank, and that you agree to pay any additional charges such as applicable taxes should they be owed.
Compliance with Legal Matters:
By using Fix and Mix Audio you agree to abide by and comply with ordinances, laws (both foreign and domestic), statutes and regulations that govern your use of our platform and the material and contents provided within it.
You and Fix and Mix Audio each agree that any claim or dispute related in any way to these terms of service or to your use of the site will be resolved exclusively by final and binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures. The arbitration proceedings will be conducted only on an individual basis and not in a consolidated, class or representative action. The arbitration proceedings will be held in Portland, Oregon and each party will share the cost for the arbitration.
If for any reason the claim or dispute proceeds to court rather than arbitration, then you and Fix and Mix Audio each agree to resolve the claim or dispute in state or federal court in Portland, Oregon; to submit to the personal jurisdiction of said court; and to waive any right to a jury trial.
Regardless of the foregoing paragraphs, you and Fix and Mix Audio may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the state of Oregon, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute of any kind that has arisen or may arise between you and Fix and Mix Audio.
If any of the above terms of service are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.
No aspect of this agreement constitutes a partnership or joint venture of any kind between you and Fix and Mix Audio, its subsidiaries, agents, employees, relevant parties, members, managers, owners, advisors, and / or affiliates.
PRICING TERMS AND CONDITIONS
Individual Account Use and Declaration:
Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.
Pay Per Use Purchases:
The charges for your pay per use transaction will occur immediately for each specific transaction you select. In the event of your selected payment method not being able to process the aforementioned transactions for your purchase you acknowledge that you are liable and responsible for the uncollected monies.
Removal of Inactive Accounts:
For pay as you go accounts Fix and Mix Audio reserves the right to terminate the account if the user has not logged in within 90 days. This can be done without warning or advanced notice, and in such a scenario all audio files and other aspects of the Account will be terminated.
Payment Method Changes and Updates:
In the event that your Paypal or credit card information changes it is your responsibility to update the information into your Fix and Mix Audio account. Fix and Mix Audio is not liable for any transactions which fail or cannot be processed by our payment processing entity, either through insufficient funds available on or within your payment method or in any other scenario. In such a case your transaction will fail and an error message will appear. Fix and Mix Audio reserves the right to freeze or suspend your account in such a scenario, and additionally we reserve the right to contact you in an attempt to provide proper and updated payment information for your account. In the event of an account suspension you are still liable for the charges and purchases made within our platform.
Unless outlined previously or specifically all amounts included within our platform and its documentation are in US Dollars ($) and exclude additional fees and taxes that are applicable.
What personal information does Fix and Mix Audio collect from you?
In order to use Fix and Mix Audio some information will be collected from you, namely your age, email address, and other relevant information, which is needed to help you create an account and to allow us to improve the platform and offer a better experience to its users. We also analyze and collect information on the device through which you visit the platform, including the type of device used, the web browser used, the day / time the application was visited and the IP address of said device.
Information is also collected regarding how you use our platform, namely which pages and tabs / services you access and for how long. Lastly, Fix and Mix Audio makes use of third-party login credentials through social media accounts such as Facebook and Twitter. By using that functionality you agree to share information similar in nature to the information listed above that is available from those accounts.
At what point does Fix and Mix Audio collect your personal information?
We collect information from you when you:
Sign up for an account
Sign up for a paid service or offering
Opt in or subscribe to a newsletter
Submit or reply to a written survey
Sign up for our forum / blog
Download our free offerings
Visit different pages or sections of the platform
Enter other information on the platform
How does Fix and Mix Audio use your information?
The information we collect is intended to help us deliver a superior experience to you on the platform. The specific uses for this information include but are not limited to the following:
To personalize user experiences and to allow us to deliver the type of content and product offerings in which you are most interested.
To analyze and improve the application’s aesthetic, design, and feature set in order to better serve you and our mission.
To allow us to properly understand and better respond to your customer service needs and requests.
To authenticate your account and payment preferences.
To analyze the types of media being uploaded to Fix and Mix Audio in order to allow us to better understand your needs from the platform.
What are ‘cookies’ and do we use them?
It is possible to turn off cookies entirely, or simply have your device alert you when a cookie is being used. Each browser has a specific way to do this, but if you disable cookies then there is a possibility a portion of our application will not function as intended.
There are times when third-party content will be incorporated into our application and / or social media presence. These can
include third-party web URLs, links, articles, products and / or other media. The privacy policies of these third-party entities are not overseen by us, thus Fix and Mix Audio assumes no liability or responsibility for the activities, content and / or information provided by these third parties. We do however aim to protect the integrity of our application and welcome your thoughts and ideas about these sites and how they fit in with our mission and desired experience.
Third-party Sharing of Information
Personally identifiable information may be provided to third parties if the law requires us to do so under specific circumstances such as personal safety or court orders, or if it is required to uphold our or other’s rights / property / safety, or to enforce the policies on our site.
California Online Privacy Protection Act
CalOPPA requires websites and other online services to abide by and create privacy policies. The policy must be recognizably placed on the platform or website to highlight what personally identifiable information is collected from users of the platform, with whom the information is shared, and under what circumstances the sharing occurs. Under CalOPPA we have made this policy accessible on our website through our menu listed as “privacy,” and whenever the policy is changed users will be notified on the privacy page itself. Users are able to visit our site anonymously should they choose. In addition, any personal information created by users can be changed by emailing us.
Do we specifically market to children under the age of 13, which is prohibited by COPPA (the Children’s Online Privacy Protection Act)?
We do not specifically market to children under the age of 13.
How does Fix and Mix Audio operate with regard to Fair Information Practice Principles (FIPPS)?
We take the Fair Information Practice Principles seriously, and should a data breach occur we will notify the users via email within a reasonable timeframe.
Acceptable Use Policy
By using Fix and Mix Audio (herein referred to as “the service,” “the platform,” “the site,” “the application” and “the system”) you are agreeing to use the service only in the manner in which it is intended to be used and not for any other purpose. Prohibited uses of the platform that will result in the termination of your account and may subject you to civil liabilities and/or criminal prosecution include but are not limited to the following actions or actions similar in nature to the ones listed below:
Investigating, scanning or measuring / testing the weakness or vulnerability of the network, system, or platform
Using our service in any manner other than its intended purpose
Negatively impacting the system or its users in any way, including but not limited to spamming, DDOS attacks or other methods of overloading and/or flooding
Attempting to reverse engineer or decipher the inner workings of the platform in any way shape or form
Offering payment or social media account information within the platform that is not your own
Misrepresenting your own identity or your relation to an institution or entity, or impersonating or stealing the identity of another person within the platform in any way shape or form
Creating content within the platform in any way that is pornographic, obscene, defamatory, threatening, racist, illegal, infringing on intellectual property rights of another, or otherwise socially and personally hurtful to you and / or other users.
Doing anything that is unlawful or infringes on the rights of others in any way on the platform
Using or planting malware or malware like systems on or within the platform
Entering any portion of the platform that is not meant to be accessed without company consent or authorization, such as backend logs or folders or other developer and company restricted features and areas.