Terms & Conditions

We take the privacy of our users seriously. Your material is not claimed by Mix And Master My Tracks, and the intellectual property and copyright of your works remain all yours. The files you upload and the resulting mixed and/or mastered files are not shared with any customers or persons without explicit consent.

 

Thank you for using Mix And Master My Tracks (hereinafter also referred to as “we,” “us,” “our,” “the platform,” “the application,” “the service,” “the site,” and “the system”).  By using Mix And Master My Tracks, you agree to comply with and be bound by the following terms of service, which govern Mix And Master My Tracks.com, our social media pages, forums, and any other brand-related media created or used by us in the future.  If you do not agree to these terms of service then you should not use Mix And Master My Tracks.

Copyright:

Mix And Master My Tracks 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 Mix And Master My Tracks 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.

Privacy Policy:

Our Privacy Policy outlines the information that Mix And Master My Tracks collects from you, how it uses that information, and the extent to which it protects that information.  By using the site, you agree that we can use such information in accordance with our Privacy Policy.

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 modify and alter your existing creative material.  By using our platform you are acknowledging that this material, which shall be henceforth called your “works,” is your own intellectual property and not the intellectual property of another person or entity.  This material is not claimed by Mix And Master My Tracks, and the intellectual property and copyright of your works remain yours when using our service.  You may not copy, upload or share content that is not your intellectual property unless you have express consent to do so from the party or parties that own the content.  Should you violate someone else’s copyright or intellectual property rights when using our service Mix And Master My Tracks is not liable for any damages incurrent by you for such violations, and by using our platform you give us the right to terminate or suspend your account for said violations.

 

By using our service you accept that Mix And Master My Tracks will be hosting, sharing, and modifying 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 in writing, 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.  Using our platform with a single account meant to service the intellectual property of other people or entities is strictly prohibited, and is in violation of the terms of service agreement.

 

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.

 

If at any time we feel your account does not abide by the Privacy Policy, Terms of Service, Acceptable Use Policy, the law or other aforementioned policies encompassed by Mix And Master My Tracks, or threatens the livelihood, confidentiality or intellectual property rights of other persons and / or entities we reserve the right to terminate your account and / or remove other content you have contributed to the platform.  Termination can also result if your activity or account subjects us to legal liability, hampers the service for other users or negatively impacts other users.

Proper Acknowledgement for Releases:

In the event that the application is used on a song / piece of audio that is released on iTunes, Spotify or other promotional or relevant medium, we ask that you include "Mixed and/or Mastered by Mix And Master My Tracks.com" in the credits section of said release; however, it is not a requirement.

Modification and Termination of the Site

Mix And Master My Tracks is constantly trying to improve the site.  Accordingly, Mix And Master My Tracks reserves the right to make changes to its site at any time.  We also reserve the right to stop or terminate the site altogether.  If we stop or terminate the service, we will give you advance notice to get any information belonging to you out of the site, if providing such notice is reasonably possible.

DISCLAIMER OF WARRANTIES:

Mix And Master My Tracks’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 Mix And Master My Tracks (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, Mix And Master My Tracks MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OFFERINGS MADE AVAILABLE TO YOU BY Mix And Master My Tracks.  FOR EXAMPLE, Mix And Master My Tracks DOES NOT PROMISE THAT THE SITE WILL BE ERROR FREE, VIRUS FREE AND WITHOUT ISSUE, THAT ITS SECURITY WILL BE IMPENETRABLE, THAT YOU WILL HAVE CONTINUOUS OPERATION OF OR ACCESS TO THE SITE, NOR THAT IT IS RESPONSIBLE FOR THE STORAGE AND SAFEKEEPING OF YOUR WORKS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Mix And Master My Tracks EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPATIBILITY AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY FOR USE OF OUR SITE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Mix And Master My Tracks 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 Mix And Master My Tracks IS AT YOUR SOLE RISK.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF Mix And Master My Tracks OR ITS’ AFFILIATED PARTIES ARE FOUND TO BE LIABLE, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SITE.

INDEMNIFICATION

By using our service you agree to defend, indemnify, and hold harmless Mix And Master My Tracks and its’ subsidiaries, agents, employees, successors, related parties, advertisers, directors, advisors, shareholders, officers and affiliates (collectively, “Affiliated Parties”) against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from your use of the site, a violation by you of these terms of service or other policies, and / or any intellectual property infringement or violation made by you or your account on the site.

Third Party Disclaimer

By using our platform you understand that that material and opinions shared by third party sources on our platform are not representative of Mix And Master My Tracks and its affiliates.  This third party content then does not represent Mix And Master My Tracks 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.

Payment Disclosure:

By using Mix And Master My Tracks 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 Mix And Master My Tracks 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.

Disputes

You and Mix And Master My Tracks 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 Los Angeles, California 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 Mix And Master My Tracks each agree to resolve the claim or dispute in state or federal court in Los Angeles, California; 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 Mix And Master My Tracks may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the state of California, 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 Mix And Master My Tracks.

Severability

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.

General

No aspect of this agreement constitutes a partnership or joint venture of any kind between you and Mix And Master My Tracks, its subsidiaries, agents, employees, relevant parties, directors, advisors, shareholders, officers and / or affiliates.