Copyright All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, tools, software and any other material or information accessed on or in connection with the Site (the “Mixtapekings Content”); the selection, arrangement, and presentation of all Mixtapekings Content (including information in the public domain); and the overall design of the Site are the property of or licensed to Mixtapekings and protected by U.S. and international copyright laws. Mixtapekings grants you a personal, non-transferable, non-exclusive limited license to access the Site and to download and print a single copy of the Mixtapekings Content solely for (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices; or (b) as otherwise expressly permitted under any Agreement currently in effect between you and Mixtapekings. Any other copying, use, distribution or modification of the Mixtapekings Content or any other property of Mixtapekings or its licensors, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Mixtapekings.
You may not frame any Mixtapekings Content, or use any trademark, logo or other proprietary information on the Site, without Mixtapekings’s express written consent. You may not use Mixtapekings’s name or trademarks in any meta-tags or other hidden text without the express written consent of Mixtapekings. You may link to the Site for non-commercial purposes only, or as authorized by Mixtapekings in writing, provided that you agree to remove any such link at any time, upon demand by Mixtapekings in its sole discretion.
Visitor Content Some parts of the Site may allow you to post, or to e-mail to Mixtapekings, materials or information (including recommendations or suggestions for new or improved products or services) (“Visitor Content”); or to access or use Visitor Content posted or e-mailed by other visitors to the Site. Should you post or e-mail any Visitor Content, you grant Mixtapekings a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such Visitor Content in any media now known or hereafter developed; and (b) use the name under which you submit such Visitor Content in connection therewith, at Mixtapekings’s sole discretion. Mixtapekings cannot guarantee the confidentiality or security of any information or materials you provide or submit by e-mail or any other electronic communication. If you wish to provide personal or confidential information to Mixtapekings please e-mail [email protected] for information on the best manner of providing such information.
You agree not to submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property or other proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam.” You further agree not to use a false e-mail address or to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.
You acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost, or intercepted by unauthorized parties during such transmission. You agree that Mixtapekings shall have no liability whatsoever in connection with such lost or intercepted data.
Mixtapekings has the right, but not the obligation, to review, remove or edit Visitor Content at Mixtapekings’s sole discretion. Mixtapekings has no responsibility and assumes no liability for Visitor Content posted by you or any other party.
Copyright Infringement If you believe any Mixtapekings Content or any other content on the Site infringes any person’s copyright interest, please provide the following information, in writing and signed by you, to the Mixtapekings Copyright Agent at the address listed below:
A description of the allegedly infringing content, and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
Your address, telephone number and e-mail address.
Your statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Mixtapekings Copyright Agent Mixtapekings.com
P.O Box 46
New York, NY 10033
Trademarks Mixtapekings and any other names of Mixtapekings or its websites, publications, products, content or services referenced on the Site are the exclusive trade names, trademarks and/or servicemarks of Mixtapekings, including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements of the Site. You may not use Mixtapekings’ trademarks in any manner without the express, written permission of Mixtapekings. Other trademarks and service marks that appear on the Site are the property of third parties.
Use of the Site You agree not to use the Site in any manner so as to (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; or (c) delete or revise any content on the Site. You further agree not to use the Site to harass any other person or to collect or store personal information about other visitors. In addition, you are solely responsible for maintaining the confidentiality of any password or other security measure you use in connection with the Site, and agree to notify Mixtapekings immediately of any unauthorized use of your password or other security measure.
Linking Mixtapekings has no control over other websites or other resources accessed through links on the Site. Any such links are provided for your convenience only, and do not constitute an endorsement of the linked site(s) or content by Mixtapekings. Mixtapekings makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of other websites, the information contained in them, services they provide, or data or files downloaded or accessed through such sites, or that such third party sites, their content and data or files downloaded or accessed through such sites do not infringe or violate any intellectual property, privacy or other proprietary right of any kind. Mixtapekings has no responsibility for any content, advertising, products or other material accessed through such links, and shall not be liable, directly or indirectly, for any damage or loss incurred by you or any third party in connection with websites or resources accessed through links on the Site.
DISCLAIMER OF WARRANTY MIXTAPEKINGS DOES NOT WARRANT THAT ANY MIXTAPEKINGS CONTENT, VISITOR CONTENT OR ANY OTHER CONTENT POSTED ON OR AVAILABLE THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MIXTAPEKINGS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES MIXTAPEKINGS MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DATA, FILES OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)
MIXTAPEKINGS DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
LIMITATION OF LIABILITY MIXTAPEKINGS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENT AND SUBSIDIARIES SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE; ANY INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE; ANY DELAY IN USE OR ACCESS TO THE SITE OR INFORMATION, DATA OR OTHER CONTENT PROVIDED ON THE SITE; AND/OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA OR OTHER CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF MIXTAPEKINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MIXTAPEKING’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL MIXTAPEKINGS’ CUMULATIVE LIABILITY WITH RESPECT TO THE SITE, THE CONTENT OF THE SITE OR ANY PRODUCT OR SERVICE PROVIDED ON OR THROUGH THE SITE EXCEED THE GREATER OF US$50.00 OR THE AMOUNT ACTUALLY RECEIVED BY MIXTAPEKINGS FROM YOU UNDER AN AGREEMENT IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
You agree that any dispute under or with respect to these Terms or the Site, or any content, product or service offered on or through the Site shall be submitted and exclusively resolved by final and binding arbitration conducted under the auspices of the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules, in New York, New York, before a single arbitrator selected under the rules of the AAA. Any arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator and his/her staff, the parties’ attorneys and their staff, and any experts retained by the parties. The arbitrator shall have authority to award any remedy or relief that a court of the State of New York could grant in conformity to applicable law, except that the arbitrator shall have no authority to award any damages excluded herein. The arbitrator’s award shall be final and judgment may be entered upon such award by any court.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Mixtapekings. Mixtapekings may assign its rights and duties under the Terms to any party, at any time, and without notice to you. You may not assign your rights or obligations under these Terms without Mixtapekings’ prior, written consent.
These Terms constitute a written agreement between you and Mixtapekings. A printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in any judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record in originally printed form.
All rights not expressly granted herein are reserved to Mixtapekings.
Questions about these Terms or the Site? Please contact:
P.O Box 46
New York, NY 10033