Mixvibes Terms of Use

Introduction

These Terms of Use (“Terms”) are an agreement between Mixvibes and the users (“You”) of Mixvibes’ applications, software and websites (“Service”).

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. Mixvibes may apply changes so we recommend visiting this page regularly to get the updated Terms. 

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.

Privacy Policy

Mixvibes is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Services, then you can be assured that it will only be used in accordance with our Privacy Policy, which can be accessed at http://www.mixvibes.com/privacy and is incorporated into these Terms. 

Minimum required age

Our services are not aimed at Children. Therefore, you must be over 13 years of age to use our Services.

License

Subject to your compliance with these Terms, Mixvibes grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use our Services for your own personal, non-commercial use, (“Licence”). It is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right. You agree not to access our apps or website by any means other than through the interfaces that are provided by Mixvibes for use in accessing the Services.

Intellectual Property

All the original contents, features, designs, texts, audio and video contents, code, graphic assets and functionalities of the Services are owned by Mixvibes or are licensed to us by a third party and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You acknowledge that all contents belonging to Mixvibes can only be used within the restrictions of the License provided to you as an end-user.

Contents provided within our apps

Our apps allow you to make use of contents to record your own creations, e.g. DJ mixes, tracks or video recordings.

Contents provided within the apps

The contents (“Packs”) included in our apps are royalty-free so you can use them in your tracks without any risk of copyright infringement.  However, selling or distributing them separately is not permitted. For instance, you can’t upload a track that is just one bass loop on its own. But as long as you add a drum loop or another sample on top of it, you become the owner of the track. If you are using samples other than the ones natively provided, Mixvibes declines any responsibility in cases of copyright infringement.

Sharing recordings of contents

You can also share recorded contents through various platforms, e.g. SoundCloud, Mixcloud, YouTube or Facebook. As an end-user of the application, and especially when recording contents that are not directly provided by the application, you should make sure the contents do not violate the rights of third parties, for which Mixvibes disclaims any responsibility or liability.

Automatic copyright infringement detection systems

In some cases, recordings uploaded can be flagged for copyright infringement by YouTube’s, SoundCloud’s or other platforms’ detection algorithms. Those algorithms evaluate the resemblance between two audio files and flag the last-added one as a duplicate of the other. In such cases, Mixvibes shall not be liable for any indirect, direct, incidental, special, punitive or consequential damages whatsoever resulting from a recording being flagged for copyright infringement. 

The packs provided in our apps are royalty-free and cleared for use. However, if another platform user has already uploaded a recording that sounds similar, the detection system might identify yours as a duplicate. To avoid this, try to create recordings that sound as unique as possible and bear in mind that accidental ressemblance might trigger a copyright infringement notice. 

Premium subscription fee

Our apps may offer subscription plans to unlock packs, features or other contents. You can use the limited versions of apps offering subscription completely free of charge. A limited set of features, packs or contents will be available for free, while the remaining items can be unlocked only after subscribing to one of the offered plans.

More information on Auto-renewal of subscription plans

Please note that subscription will auto-renew unless cancelled. Account will be charged for renewal within 24-hours prior to the end of the current period at the cost of the chosen subscription plan.

Subscription cancellation

Even if Auto-renewal is cancelled, you will continue to benefit from the content of the subscription  until the end of the current billing period. 

Cancelling Auto-renewal on iOS

To stop your subscription on iOS, go to Account Settings and turn off Auto Renewal at least 24 hours before the end of the current billing period. Please visit this Apple support page for more information. 

Cancelling Auto-renewal on Android

To prevent your subscription from renewing automatically on Android, go to your Account settings on the Google Play Store. Active subscriptions can be cancelled from the Subscription menu. Please visit this Google Play support page for more information.

Limitation of liability

IN NO EVENT SHALL MIXVIBES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MIXVIBES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MIXVIBES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Links to other websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by Mixvibes. Mixvibes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mixvibes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.