Terms and conditions of use
All users of the MixekaTM service agree to be bound by the following terms and conditions:
1 Accessing the MixtekaTM Service
1.1 Your access, purchase, acquisition, use, and/or storage of any service or product from Mixteka, the Mixteka catalog, the Mixteka Equipment (mobile device and custom app) and all Application Programming Interfaces (“APIs”) connected with Mixteka (collectively “the Services”) is expressly conditioned on your compliance with and acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions your only remedy is to cease accessing or using the Services.
1.2 Services operated for third parties by Mixteka may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.
1.3 Mixteka reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new terms and conditions.
2 The Services
2.1 Mixteka is a Digital DJ service for events. Our website and equipment (mobile device and custom app) provide for temporary playback of digital music designed to enable us to provide and play legally purchased digital media at a given event. The services are for your own personal and non-commercial use and you are not authorized to make copies of any files, downloads or streams, or to otherwise distribute any copyright protected digital media. You assume all risk arising from your use of the Services. Mixteka may discontinue any aspect of the Services in its sole discretion without notice to you.
2.2 The Services are for personal use by individual end users only and may not be accessed, used, re-sold, or licensed for commercial gain.
2.3 The Services may contain links to third party websites or services. You acknowledge and agree that Mixteka is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by Mixteka of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.
2.4 As part of the service, Mixteka will send via USPS a configured DJ device to the Customer for use the given event.
3 Service Fees and Deposit for Equipment
3.1 You understand that you will be charged the full service fee upon commencement of use of the paid MixtekaTM service. Optional add-on fees for ancillary services may be paid in conjunction with the initial payment or may be paid at a later date as an upgrade in service. At the time of purchase you also agree to pre-authorize a deposit in the amount of $200 to be charged only in the event that the Mixteka Equipment is returned damaged or destroyed, or not returned to the Company.
3.2 Equipment Return. You are required to return equipment within 3 days following Event Date in the same condition as it was received, except for normal wear and tear. Equipment shall be returned to the agreed return location, using provided return shipping label and instructions. If Equipment is not returned on said date, Company reserves the right to take any action necessary to regain possession of the Equipment.
If Mixteka™ Equipment is not returned, or if it is returned with damages deemed to be excessive in nature, and above normal wear and tear, Company reserves the right to charge up to $200 as the damage fee. In such a case Company will provide Customer with detailed invoice and description of loss or damage.
4 Objectionable Material
4.1 You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and Mixteka will not be liable to you for content that may be found to be offensive, indecent, or objectionable. Mixteka does not guarantee the accuracy of any descriptions provided on its Services.
5 Age Restriction to Register for Services
5.1 You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
5.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms and conditions (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
5.3 Full Access. Mixteka is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Services should supervise such access and use. It is your responsibility to determine which if any portions of the Services are suitable for your child to access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.
6.1 Mixteka recognizes that your privacy is very important and that it is your right to control your personal information. Mixteka understands that providing personal information is an act of trust and we take that trust seriously.
6.2 If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Services. Mixteka will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
6.3 To keep you informed about the operation of the Services, Mixteka may send service announcements to the email address you provided during registration. Mixteka may also allow you to choose whether to receive mailings from record labels and/or other promotional partners that may be of interest to you. Such lists are strictly optional and may be unsubscribed from at any time.
6.4 Mixteka may hold competitions in connection with the Services, or in partnership with a third party, and providing contact information may be a condition of participation. Mixteka will use the information provided to conduct the competition and for any other purposes to which you have consented. If Mixteka offers competitions with third parties, it will notify you that your information is being shared with such partner at the point of collection of such information and you will be able to choose whether to participate in the applicable competition.
6.5 If you pay Mixteka for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by Mixteka other than to facilitate the provision of the Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.
6.6 Coupons or Promo Codes or for Services may be provided by Mixteka, its partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then Mixteka will notify you that your personal information will be shared with such partner at the point of collection of such information and you will be able to choose whether to use the voucher.
6.8 Mixteka uses a technology called “cookies” as part of our normal business procedure to enhance the user experience and to track patterns of behavior of visitors to the Services. A cookie is an element of data that a website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. Mixteka contracts with Google as a third party vendor. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. By using our website, you agree that we can place these types of cookies on your device.
6.9 To monitor and improve the performance of our technology, Mixteka captures other data such as search criteria, results, downloads and purchases. Mixteka only shares this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. Mixteka also gathers information such as date, time, connection speed and IP address of all service users. This information is kept for our internal security audit log, aggregate trend analysis and system administration. Mixteka sometimes uses third party service providers to help track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis solely for the purpose of internal analysis by Mixteka to improve the Service.
6.10 Mixteka has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
7 User Accounts, Passwords and Security
7.1 If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering a username and password (“Credentials”) for use with that Service. You are responsible for maintaining the confidentiality of your Credentials. You are not authorized to share your Credentials with any other person. You may have a credit card or other payment method stored with Mixteka and if your Credentials are used by a third party (whether or not authorized) the third party may be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. Mixteka advises you to change your password frequently and to always keep it secure.
7.2 You agree to immediately notify us of any unauthorized use of your Credentials or any other breach of security. In no event will Mixteka be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorization, it is your responsibility to set up a new password or contact Mixteka’s customer services department to delete your account.
8 Usage Rules
8.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Mixteka will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
8.2 You agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
8.3 A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
8.4 Content Usage Rules.
(i) You are authorized to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(iii) You may not use Content as a musical “ringer” in connection with mobile phone calls.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(v) The delivery via receipt of Mixteka Mobile Device, streaming or temporary download of Content does not transfer to you any commercial or promotional use rights in same. Neither does it construe a lease or rental of such Content.
You agree to use the service and Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. Mixteka reserves the right to modify the Usage Rules at any time.
8.5 You agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
9.1 Mixteka has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. You agree that Mixteka shall not be liable to you or any third party for any termination of your access to the Services. Any contract for purchase begins when a transmission of digital content (other than a Preview) commences being delivered to you or your designated device and you do not have a right to cancel the contract once such transmission has started unless your digital content is faulty. Should you encounter a problem, please contact our customer services team to be offered a replacement or a refund for your purchase.
10.1 Without limiting any provision herein, Mixteka makes no warranty that any particular computer, portable device, or other hardware will be compatible with Mixteka’s Services. It is your sole responsibility to ensure that your PA or speaker system will function correctly with the Mixteka device and application.
11 Refund Policy
11.1 All sales are final and all charges from those sales are non-refundable. In exceptional circumstances, refunds are given at the discretion of the management.
12 International Use
12.1 The Services are only available in the US.
13 Intellectual Property Rights
13.1 The Services and its content (including without limitation the design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
13.2 Mixteka does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Mixteka a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
14.1 You agree to indemnify and hold Mixteka harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Mixteka by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Mixteka in consequence of your breach of these terms and conditions.
15 Disclaimers and Limitation of Liability
15.1 The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
15.2 To the extent permitted by law, Mixteka will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
15.3 Mixteka makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
15.4 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of Mixteka for death or personal injury as a result of the negligence of Mixteka.
15.5 Nothing in these terms and conditions shall affect your statutory rights as a consumer.
16.1 If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
17 Governing Law
17.1 These terms and conditions shall be governed by and construed in accordance with the laws of Colorado, USA and you hereby submit to the exclusive jurisdiction of the US courts.
Provided by: Mixteka, Inc.