GENERAL TERMS

  • We are not responsible for any loss/damage to any content that you upload to emixengine.com.

  • You are liable for everything you upload here on emixengine.com.
  • We delete all the music files every 14 days or sooner on our server.
  • By using the services of emixengine.com, you are agreeing to the Terms of Use of the website.
  • Content available on this website is protected by Copyright laws and cannot be used without express, written permission
  • By posting content on this website, you are holding out that the content does not violate any rights of Copyright and other statutory protection accorded to the content.
  • You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to individuals aged 14 years or older, or those 13 and under with a parents written permission.

  • Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.

  • These Terms and Conditions may be modified from time to time in emixengine.com’s sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Website services after any amendments are posted on the Website.

  • All payments must be made payable to EMIXENGINE.COM in US dollars and paid in advance of services being provided.

  • Prices are subject to change at anytime without notice.

  • EMIXENGINE.COM will provide an estimated delivery time to the customer, and will make every effort to provide the client with a final product in a timely and efficient manner. However, the client acknowledges that this will be only an estimate of time and additional time may be needed to achieve premium results.

  • The client understands that EMIXENGINE.COM services will be provided post production and recording. Therefore, EMIXENGINE.COM will be held blameless for any damaged or badly recorded, and or produced material. EMIXENGINE.COM encourages all clients to review their production and recordings to ensure that they have the best possible material for submission of services.

  • All uploaded files remain the sole exclusive property of the legal copyright owner(s).

  • EMIXENGINE.COM will make every effort to secure the client’s intellectual property. EMIXENGINE.COM. does not accept liability for material as it relates to damage, loss due to fire, flooding, looting, thefts, negligence, or acts of God while the client’s material is in the possession of EMIXENGINE.COM. Phantom EMIXENGINE.COM encourages all clients to make additional copies (backups) of all products they send to EMIXENGINE.COM. EMIXENGINE.COM. encourages all Clients to copyright all material before submitting for it for services.

  • Client shall not require, obligate or seek to impose any duty on EMIXENGINE.COM to pay or to provide for payment to any contributing artist, producer, composer, performer, lyricist, licensee, sub-licensee, or any other party who contributed to the submitted material.

  • You agree to comply with all applicable laws in relation to the Services of this Website.

  • You shall use the Website for lawful purposes only.

  • You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

  • EMIXENGINE.COM or its Affiliates may present advertisements or promotional materials via the Website. Your dealings with, or participation in promotions of any third party advertisers via the Website are solely between you and such third party.

  • This Agreement will be governed by the laws of Ontario, Canada and subject to Courts in Ontario, Canada. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.

  • If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  • Maximum liability for any circumstance is a refund of the fees paid, as it relates to the specific circumstance.

  • Terms are subject to change at anytime without notice.

 

COPYRIGHT

 

  • You must either own or have a license to use any copyrighted material that you upload here on emixengine.com, or have written permission to do so.

  • You must own the content or have a written permission to use the content you are uploading.

  • We don't allow any users to upload any files downloaded from the internet.

  • You are solely responsible for complying with copyright laws.

  • We reserve the right to delete any uploaded material that in our opinion contravenes copyright or other laws. Repeated misuse will result in termination of your use of our service.

 


PRIVACY POLICY AND PRACTICE

 

  • emixengine.com is committed to protecting your privacy and ensuring you have a positive experience on our website.

  • Personal information is any information that can be used to identify an individual.

  • emixengine collects information such as name, email address, postal or other physical address and other information required to provide a service or carry out a transaction you have requested. Reasons we collect your personal information: a. participation in discussion groups b. emixengine.com marketing efforts c. collaboration efforts d. registration to membership programs or newsletter subscriptions e. provide registered users a more personalized and meaningful experience on emixengine.com website

  • We will only use your personal information in the following ways: To provide the ability to create personal profile areas and view protected content.

  • To provide the ability to contact you.

  • To provide feedback and support.

  • To provide contests or other marketing promotional activities on emixengine.com or other connected websites. Personal information may be collected to administer those programs.

  • To conduct questionnaires and surveys in order to provide better services to our customers and end users. Your completion of any questionnaires is voluntary.

  • To meet any legal or contractual obligations.

  • To understand more about you, so we can personalize newsletters and websites to you preferences.

  • To request your interest in receiving any updates or newsletters from emixengine.com.

  • We do not sell or rent your personal information to third parties for marketing purposes unless you have granted us permission to do so.

  • We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction.

  • We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.

  • emixengine.com will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

  • emixengine.com newsgroups and forums are public. Please consider this before posting material to them.

  • emixengine.com knowingly does not collect personal information from children under the age of 14, unless we have a parent’s written permission for the child to use the site. If we learn that we have collected personal information on a child under the age of 14, and we do not have that permission, we will delete that data from our systems.

  • emixengine.com’s privacy policy may be updated from time to time. We post those changes on this page so that our customers and users are aware of our privacy policy and practices.

 

REPRESENTATION AND WARRANTIES

 

  • On all Program Material you submit to us, you represent and warrant that (a) the content is your or your band’s own original work, and contains no sampled material, (b) you have full right, eligibility and authority to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the content does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete.

  • You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section.

  • You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. We, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our Website under this Agreement, including but not limited to payments to third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds.

 

DISCLAIMER

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMIXENGINE.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, EMIXENGINE.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. EMIXENGINE.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL EMIXENGINE.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW.

 

LIABILITY AND INDEMNITY

 

By availing yourself of the Website, Materials or related services, you agree to release and hold EMIXENGINE.COM and the employees, officers, directors, shareholders, agents, representatives, associates of EMIXENGINE.COM (the ‘EMIXENGINE.COM Affiliates’)harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of EMIXENGINE.COM that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold EMIXENGINE.COM Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL EMIXENGINE.COM BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF EMIXENGINE.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.