Terms And Conditions
THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms”) govern the use of the website – www.certifiedmixtapez.com (“Website”) – and mobile application (“Mobile Application”) brought to you (“you” or “your”) by Certified Mixtapes, Inc., a subsidiary of
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBSITE OR MOBILE APPLICATION. BY USING, REGISTERING, AND/OR OTHERWISE ACCESSING THE WEBSITE OR MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS. IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY REFRAIN FROM USING AND/OR OTHERWISE ACCESSING THE WEBSITE OR MOBILE APPLICATION.
1. Acceptance of Terms.
The Website and Mobile Application is owned, operated, and provided by TechMob Studios, LLC, for the purpose of providing you with the Certified Mixtapes Service. By using or otherwise accessing the Website or Mobile Application, or clicking to accept or agree to these Terms as provided by the Website and/or Mobile Application, you explicitly agree to be bound by these Terms and the provisions contained herein. If you do not agree to these Terms, then you may not access the Website or Mobile Application, or use the Certified Mixtapes Service.
2. Modification of Terms.
From time to time, Certified Mixtapes may issue additional terms, rules or conditions, or modify these Terms as a prerequisite for you to use, or continue using, the Certified Mixtapes Service. This may be done, without specific notice to you, by posting said changes on the Website. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes. At all times relevant, the most current version of these Terms will be posted on the Website. By continuing to access the Website, Mobile Application, or Certified Mixtapes Service, you agree to be bound by any and all additional terms, rule or conditions, or any modification to these Terms.
3. Our Intellectual Property Rights.
All rights, title and interest in and to the Website and Mobile Application, including all material, content, organization, graphics, compilation, look, design, and other matters related to the Website or Mobile Application are owned by Certified Mixtapes, and are protected under applicable copyright, trademark, patent and other proprietary rights, both at common law and through registration. The copying, redistribution, modification, selling, use, publication, exploitation (commercial or otherwise), or creation of derivative works based on the Website, Mobile Application, or Certified Mixtapes Service, in whole or part, is strictly prohibited, except as provided by Section 5 herein. You acknowledge and agree that your use of the Website, Mobile Application, or Certified Mixtapes Service does not grant you any ownership to any material, content, or data that you may access by or through your use of the Website, Mobile Application, or Certified Mixtapes Service.
The trademarks, logos, service marks and trade names (“Trademarks”) displayed on or through the Website or Mobile Application are either common law trademarks or registered trademarks of Certified Mixtapes, TechMob Studios, LLC, or other third parties. Additionally, other product, company, and/or musical artist’s names mentioned on the Website or Mobile Application may be trademarks of their respective owners. Such Trademarks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by Certified Mixtapes or their applicable rights holders in a manner that is likely to cause consumer confusion, or that discredits, tarnishes or disparages Certified Mixtapes or the applicable rights holders. You acknowledge and agree that nothing contained herein these Terms, or on the Website or Mobile Application, shall be construed as granting you, by implication or otherwise, any license or right to use any Trademarks displayed on the Website or Mobile Application without our, or the applicable rights holder’s, prior written consent. Any misuse of the Trademarks displayed on or through the Website or Mobile Application, or by way of the Certified Mixtapes Service, is strictly prohibited.
5. Scope of License.
Certified Mixtapes grants you a limited, non-exclusive license to access the Website and use the Certified Mixtapes Service on your computer, tablet, smart phone or other device for your personal and non-commercial use only. No part of any material, content, or data may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that this license does not grant you the ability to reproduce, distribute, assign, sublicense, sell, prepare derivative works, or conduct any other such activity related to the content, material and data found on or through the Website, Mobile Application, or Certified Mixtapes Service, except as expressly provided by these Terms.
6. Prohibited Use.
As a condition of your use of the Website, Mobile Application, and Certified Mixtapes Service, you agree not to use the Website, Mobile Application and/or Certified Mixtapes Service in a manner that is unlawful, prohibited by these Terms, or for any other purpose not reasonably intended or contemplated by Certified Mixtapes. Your use of the Website, Mobile Application or Certified Mixtapes Service in a manner not consistent with these Terms grants Certified Mixtapes, in its sole discretion, the right to limit or disable your access to the Certified Mixtapes Service. The following activities are expressly prohibited:
- Submitting false, misleading, or inaccurate personal information as it pertains to you and your Certified Mixtapes account;
- Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Certified Mixtapes Service;
- Distributing software viruses, worms, spyware, adware, bugs, computer codes, or anything else that is designed to, or may, interfere with the proper function of any software, hardware or equipment found or maintained by the Website or Mobile Application, or that relates to the Certified Mixtapes Service;
- Placing a disproportionate load on the Website or Mobile Application (as determined within Certified Mixtapes sole discretion) with the purpose of denying use and/or access to other users;
- Taking any action that infringes or violates Certified Mixtapes’ or another user’s rights (including, but no limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward Certified Mixtapes or another person;
- Reproducing, duplicating, copying, selling, distributing, trading, or exploiting any portion of the Website or Mobile Application, use of the Website or Mobile Application, access to the Website or Mobile Application, or Certified Mixtapes Service for any purpose not expressly permitted by these Terms;
- Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website or Mobile Application;
- Attempting to gain unauthorized access to the Certified Mixtapes Service, other user’s Certified Mixtapes membership accounts, or other parts of the Website or Mobile Application through hacking, password mining, or any other means meant to interfere with the proper working of the Website, Mobile Application or Certified Mixtapes Service;
- Using Certified Mixtapes’ trademarks, graphics, or logos without Certified Mixtapes’ express written consent;
- Reverse engineering, disassembling, or otherwise attempting to discover thesource code of the Website, Mobile Application or any part thereof;
- Modifying, adapting, translating or creating derivative works based upon the Website, Mobile Application or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
7. Use of Your Information.
Certified Mixtapes reserves the right, and you grant us the authority, to use and assign all information regarding your use of the Website, Mobile Application and/or Certified Mixtapes
8. Third Party Websites and Services.
From time to time, Certified Mixtapes may provide links to third party websites and/or advertisements, and third party websites may link to Certified Mixtapes (“Third Party Websites”) for the purpose of providing you services and/or products that may be beneficial to you. Certified Mixtapes is not responsible, nor does it have any control, over the information, content, accuracy, products, services, advertising, or other materials that may or may not be provided by or through Third Party Websites, even if said Third Party Website is run or owned by one of our affiliates. Third Party Websites are not investigated, monitored or checked for accuracy or completeness by us. Linking to, or being from linked from, Third Party Websites does not constitute, nor should it be construed to imply, Certified Mixtapes’ approval or endorsement of the Third Party Website. Certified Mixtapes cannot and will not guarantee the standards of any Third Party Website to which links are provided, nor shall Certified Mixtapes be held responsible for the materials and content on such websites, or any subsequent links. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
9. Right to Monitor.
Certified Mixtapes reserves the right, in its sole discretion, to monitor, review, edit, delete or modify all materials, content and comments posted to the Website, Mobile Application, or through the Certified Mixtapes Service. However, we are not responsible for any such materials posted by users. Certified Mixtapes reserves the right, at all times, to disclose any information as necessary to satisfy any law, regulation or government order, or to edit, refuse to post, or remove any information or materials, in whole or in part, that Certified Mixtapes finds, in its sole discretion, to be objectionable or a violation of these Terms, our policies, or applicable law. We also reserve the right to impose limitations on your use of the Certified Mixtapes Service without notice or penalty if we believe that, in our sole discretion, you are in breach of any of the guidelines set forth in these Terms, our policies, or applicable law.
You agree to release, indemnify, defend and hold harmless Certified Mixtapes and its parents, subsidiaries, lawyers, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorney’s fees and costs), claims, or actions of any kind whatsoever that may arise out of or result from your use of the Website, Mobile Application, or Certified Mixtapes Service, your violation of these Terms, and any of your acts or omissions that may implicate a violation or infringement of a third party’s proprietary or intellectual property rights. Certified Mixtapes reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to fully cooperate with Certified Mixtapes in the defense of such matter.
11. Premium Membership; Payment Transactions.
Certified Mixtapes offers the Certified Mixtapes Service free of charge for all users. However, you have the option to purchase a premium membership (“Premium Membership”) for use pursuant to the Certified Mixtapes Service. Premium Membership allows you the ability to use the Certified Mixtapes Service without advertisements. Premium Membership also gives you the opportunity to try new features and receive exclusive offers from the Certified Mixtapes store. By purchasing the Premium Membership (or anything else directly from Certified Mixtapes) you warrant and represent the following: (1) any and all credit card information submitted by you is complete, true and accurate as it relates to you; (2) any and all charges incurred by you will be honored by your credit card company; and (3) any and all charges incurred by you will be paid by you at the posted price, including any applicable taxes.
12. Digital Millennium Copyright Act.
Certified Mixtapes utilizes best efforts to comply with the Digital Millennium Copyright Act (DMCA). As a result, we reserve the right remove any material that is or may be infringing upon any third party’s rights at any time, without prior notice to you. Certified Mixtapes also reserves the right to terminate your access to the Certified Mixtapes Service, at any time without prior notice to you, for repeat violations. By using and/or uploading any material to the Website or Mobile Application for use pursuant to the Certified Mixtapes Service, you warrant and represent that any and all intellectual property rights of a third party, including, but not limited to, any such rights pursuant to registered or unregistered copyrights, trademarks, patents, trade secrets, or any other proprietary information, whether it be at common law, by statute or under the terms of DMCA, as amended.
Additionally, by uploading, publishing, modifying, or displaying material to the Website or Mobile Application for use pursuant to the Certified Mixtapes Service, you automatically grant,and further warrant and represent that you have the right and/or necessary licenses, to grant, Certified Mixtapes an irrevocable, worldwide, perpetual, non-exclusive, transferable, fully sub-licensable license to copy, distribute, reproduce, publicly perform or display, reformat, transmit, translate, create derivative works of or incorporate into other works your material for any purpose on or in connection with the Website, Mobile Application, or Certified Mixtapes Service, or the promotion thereof. You also grant Certified Mixtapes the non-exclusive right to access your material through the Website or Mobile Application, and to use, reproduce, distribute, perform or display your material as permitted through the functionality of the Website and Mobile Application, pursuant to these Terms.
If you believe that your work has been copied on or through the Website, Mobile Application, or Certified Mixtapes Service in a way that may constitute copyright infringement, you may submit a notification to our designated Copyright Agent containing the following information:
- Your name and email address;
- A description of the copyrighted work alleged to have been infringed;
- A description of where the alleged infringing material is located on the Website or
- A statement expressing your good faith belief that the alleged use in question is
- A signature (electronic or physical) of the person authorized to act on behalf of the rightful owner of the copyrighted material; and
- A statement, made under penalty of perjury, that the above information listed in your DMCA notification is truthful and accurate, and that you are the rightful owner or are authorized to act on behalf of the rightful copyright owner.
Pursuant to the DMCA, Certified Mixtapes may reinstate material if we receive a counter notification from the provider of the removed material. If you are the provider of the removed material, you may submit a counter notification that must include the following:
- The URL relating to the material that Certified Mixtapes removed or disabled access to;
- Your name, address, telephone number and email address;
- A statement saying that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, Texas if your address is outside of the United States), and that you will accept service of process from the person or authorized agent who provided the initial DMCA notification to take down the material;
- A statement expressing your good faith belief, under penalty of perjury, that the material removed or disabled was the result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the person or authorized agent who sent the initial DMCA notification has been removed or disabled at the identified URL and will be no longer shown; and
- A signature (electronic or physical) by you or your authorized agent/representative.
FOR DMCA NOTIFICATIONS AND COUNTER NOTIFICATIONS ONLY:
TechMob Studios, LLC
- Email: firstname.lastname@example.org
Non-copyright inquiries will not be addressed by the Copyright Agent.
Please note that you, and you alone, will be liable for any damages (including attorney’s fees and costs) if you materially represent that your material and/or activity is not infringing upon the copyrights of others. If you are not sure if your material and/or activity constitute copyright infringement, please consult an attorney.
13. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, MOBILE APPLICATION, AND Certified Mixtapes SERVICE IS SOLELY AT YOUR OWN RISK. THE WEBSITE AND MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL Certified Mixtapes SERVICES, CONTENT, FEATURES, MATERIALS AND FUNCTIONS PROVIDED BY OR THROUGH THE WEBSITE OR MOBILE APPLICATION, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, DISPLAYABILITY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, MOBILE APPLICATION OR Certified Mixtapes SERVICE, OR ANY CONTENT, FUNCTIONS OR MATERIALS PROVIDED BY OR THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECT WILL BE CORRECTED.
WE MAKE NO WARRANTY THAT THE WEBSITE, MOBILE APPLICATION OR THE PROVIDED SERVICES WILL MEET YOUR EXPRESS OR IMPLIED REQUIREMENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS, USE, OR BROWSING OF THE WEBSITE OR MOBILE APPLICATION, OR ANY DOWNLOADING OF MATERIALS, CONTENT, TEXT, IMAGES, VIDEO OR AUDIO CONTENT FROM THE WEBSITE OR MOBILE APPLICATION. IF YOUR ARE DISSATISFIED WITH THE WEBSITE, MOBILE APPLICATION AND/OR Certified Mixtapes SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE, MOBILE APPLICATION AND/OR Certified Mixtapes SERVICE.
WE ATTEMPT TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE AND MOBILE APPLICATION IS CORRECT AND CURRENT. WE RESERVE ALL RIGHT TO CHANGE OR EDIT ANY OF THE INFORMATION PROVIDED ON THE WEBSITE OR MOBILE APPLICATION AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, VULGAR, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANY PERSON OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFCIAL CAPACITIES. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE TRUTHFULNESS, COMPLETENESS AND/OR USEFULNESS OF ANY MATERIAL, OPINION, ADVICE OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE OR MOBILE APPLICATION.
WITHOUT LIMITING THE ABOVE, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS RELATING TO ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE OR MOBILE APPLICATION. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS (FAQs), DOCUMENTS AND OTHERWISE ON THE WEBSITE OR MOBILE APPLICATION, OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE OR MOBILE APPLICATION ARE PROVIDED “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPERATELY ENTERED INTO BY WRITING BETWEEN YOU AND US OR OUR LICENSOR AND SUPPLIER.
14. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL Certified Mixtapes, TechMob Studios, LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR LICENSORS (“PROTECTED ENTITIES”) BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATING TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE MOBILE APPLICATION, THE Certified Mixtapes SERVICE, THE MATERIALS, CONTENT, FEATURES, AND FUNCTIONS RELATED THERETO, YOUR SUPPLIANCE OF INFORMATION VIA THE WEBSITE OR MOBILE APPLICATION, OR LOST BUSINESS OR SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE OR MOBILE APPLICATION. IN NO EVENT SHALL THE TOTAL AGGREGATE OF LIABILITY OF THE PROTECTED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THESE TERMS, OR YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR Certified Mixtapes SERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, CONTRIBUTED BY YOU TO US FOR THE PURPOSE OF UTILZING THE Certified Mixtapes SERVICE.
15. Mobile Application License.
Certified Mixtapes grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single device (i.e. tablet, smart phone, etc.) that you exclusively control, and to use such copy of the Mobile Application solely for your own personal use. Certified Mixtapes reserves all rights in and to the Mobile Application not expressly granted to you under these Terms.
You agree to promptly download and install any new version of the Mobile Application that we may make available through the iTunes App Store, Google Play Store, or Windows Store, as applicable. New versions of the Mobile Application may contain updated Terms, security fixes and service improvements, which we may not disclose to you prior to downloading. As a result, failure to update your version of Mobile Application as prompted may expose you to increased security risks or service malfunctions. By downloading the Mobile Application, you agree to be subject to the terms and provisions that may put in place by Apple, Google, and/or Windows in order for you to download and continue to use the Mobile Application.
16. Dispute Resolution.
If you have any issue using and/or accessing the Website, Mobile Application or Certified Mixtapes Service, please contact Certified Mixtapes at email@example.com. Certified Mixtapes will utilize best efforts to respond to your issue as soon as reasonably possible, and settle any dispute, question, claim or disagreement that you may have.
In the event legal action must take place, these Terms shall be governed by the laws of the State of Texas, without respect to any conflict of law principles that may arise. You hereby agree to be subject to the personal and exclusive jurisdiction of and venue in the federal and state courts located within Dallas County. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Failure to exercise or enforce any right or provision contained within these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give maximum effect to the parties’ intentions as reflected in such provision, and that the other provisions of these Terms shall 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 relating to your use of the Website, Mobile Application or Certified Mixtapes Service, or any other content, material, or information pertaining thereto, or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
These Terms are personal to you, and may not be assigned, transferred, or sublicensed without the express written consent Certified Mixtapes. Any password or right given to you for the purpose of using the Certified Mixtapes Service is not transferable. Certified Mixtapes may assign, transfer, or delegate of its obligations contained herein, without your consent.
The Section titles contained in these Terms are for convenience purposes only, and have no legal or contractual effect. These Terms do not, nor should it be construed to create, a joint venture, partnership, employee or agency relationship between you and Certified Mixtapes. Your submission of material or content does not create an implied confidential, fiduciary, contractual, or other relationship between you and Certified Mixtapes, other than that expressly stated within these Terms.
These Terms, and any additional terms, rules and conditions that Certified Mixtapes may post on the Website or Mobile Application constitute the entirety of the agreement between ou and Certified Mixtapes with respect to the Website, Mobile Application, Certified Mixtapes Service, and any other content, material, or information related thereto, and supersedes all prior agreements between you and Certified Mixtapes, whether made orally or in writing.