Updated July 17, 2024

1. General

Welcome To Mister-Mixmania.com! This website and the associated online services are managed and controlled by Mister Mixmania. The purpose of this page is to define the terms by which you may use our online services, website, mobile application and software provided on or in connection with Mister Mixmania’s services (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by these Terms and Conditions (as amended from time to time, this “Agreement”), and to the use and collection of your information as set forth in the Mister Mixmania Privacy Policy, regardless of whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access and/or interact with the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE INFORMATION AND SERVICES AVAILABLE THROUGH THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY.

Occasionally we may, at our discretion, make changes to this Agreement. A date stamp will be provided at the top of this online version of the Agreement, indicating when any update was last made to the content herein. It is your responsibility to review this Agreement on a regular basis in order to stay informed as to whatever the term may be at the time of your use. If you do not agree to these changes you must terminate your account (if created) and stop further use of the Service.

2. Access and Use of the Service

You may be required to register with Mister Mixmania in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur via your registered account. You agree to immediately notify us of any unauthorized use of your password or account and ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Mister Mixmania reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You acknowledge that Mister Mixmania may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service and that we reserve the right to suspend or terminate your account or use of the Service, and remove and discard any content within the Service, if your account is inactive for an extended period of time or if Mister Mixmania determines, in its sole discretion, that your use of the Service violates this Agreement or is generally not aligned with the intended functions and benefits of the Service.

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Mister Mixmania and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.

3. Conditions of Use

Certain activities are expressly prohibited in connection with your use of the Service. The following is a non-exhaustive list of activities and conduct are not allowed for any reason whatsoever:

• registering a username or posting content that is illegal, offensive, harmful, unlawful, threatening, violent, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic, profane, pretends to be someone else, or otherwise objectionable in the sole judgment of Mister Mixmania
• posting any content that infringes the intellectual property, or other proprietary rights, of any third party without the necessary license or permissions, or poses or creates a privacy or security risk to any person
• altering or removing any trademark, copyright, or other intellectual property notices contained on or provided through the Service
• selling, renting, sublicensing or leasing any part of Mister Mixmania
• reverse-engineering, decompiling, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Service, any updates, or any part thereof
• making copies of, recording, performing, recreating, broadcasting, ripping, reproducing or displaying to the public any part of the Mister Mixmania Service and its content (including any third party content accessible to you through the Service), other than your uploaded content
• circumventing any technology used by the Mister Mixmania Service or its licensors to protect content accessible via the Service
• using automated means to increase play count or to inorganically influence any data
• sharing your password, and account, with any other person
• accessing anyone else’s account, or otherwise impersonating any person or entity, or misrepresenting your affiliation with a person or entity
• scraping, crawling, caching or otherwise accessing any content on the Service via automated means except as may be the result of standard search engine protocols or technologies used by a search engine
• providing content or communicating with others in a way that is harassing or bullying
• soliciting personal information from anyone under the age of 18
• posting content that includes any form of malicious content (malware) such as viruses, Trojans, adware, worms, bots, back doors and spyware
• posting content that involves commercial or sales activities not permitted by the Service or,
• transmission of any form of spam through the Service.

4. Rights You Grant Us

By accessing or using the Service, you will retain total ownership of and maintain all rights in any intellectual property embodied in the content you submit, and may choose to remove your content from the platform at any time. Notwithstanding the foregoing, Mister Mixmania is granted certain rights in order to operate the Service and accomplish the core goals of the platform. Upon your acceptance of the terms and conditions of this Agreement, you hereby grant Mister Mixmania and its legal successors the following rights which shall immediately revert to you upon the removal of your content from the platform or the termination of your account:

• a non-exclusive, transferable, royalty-free, perpetual, worldwide right to store, parse, stream, and translate your content in connection with the Service, and only on the Service, and,
• the ability to make available and perform to the public preview clips of your submitted content in connection with the Service.

If you decide to send us ideas, suggestions or feedback over email or any other method of communication in connection with our Service, you authorize Mister Mixmania to use, and grant to Mister Mixmania a perpetual, irrevocable, royalty-free, fully transferable and sublicensable right and license to use, that feedback in any way and without compensation or attribution to you. In accordance with the Mister Mixmania Privacy Policy, you acknowledge that any unsolicited information you provide will be considered non-confidential.

You grant Mister Mixmania the right to display your logo and name, as provided, on the website and in marketing materials related to the platform and the Service.

5. Rights We Grant You

We grant you a non-exclusive, revocable and limited right to use the Service during the term and for as long as you are in compliance with this Agreement. You agree that you are using the Service and content for your own personal use and that you will not redistribute any part of the Service or content, except to the extent you are an approved Agency or Label user and have an agreement in place directly with the relevant user regarding the submitted demo. Mister Mixmania does not take part in or take responsibility for discussions between users regarding submitted demos. Use at your own risk.

Mister Mixmania owns the right to all trademarks, service marks, trade names, logos, domain names, and any other features of the Mister Mixmania Service and brand. You are not granted the right to the commercial or non-commercial use of any part of the Mister Mixmania brand under this Agreement.

6. Intellectual Property

Mister Mixmania does not screen content for any potential intellectual property violations. However, we respect the rights of intellectual property owners, and we ask our users to do the same. As a copyright holder, if you believe a piece of content (i.e. song submitted as a demo) infringes on or otherwise violates your intellectual property, you should notify us of your claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (“UrhRil ”) and other applicable intellectual property laws with respect to any alleged or actual infringement. You may e-mail a notification of claimed copyright infringement to our copyright agent at support@Mister-Mixmania.com (“Copyright Agent”) with the subject line: “ UrhRil Takedown Request”.

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• a description of the copyrighted work or other intellectual property that you claim has been infringed
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
• your address, telephone number, and email address
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law and,
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use such content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content and,
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Mister Mixmania will send a copy of the counter-notice to the original complaining party informing that person that it will allow the removed content to reappear on its platform in 10 business days unless the other party provides a court order requiring the content be removed. At this time, if the parties continue to disagree as to who is the rightful copyright owner, Mister Mixmania expects the parties to communicate directly with each other to resolve the matter.

In accordance with the UrhRil and other applicable law, Mister Mixmania has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. Mister Mixmania may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Under no circumstances will Mister Mixmania be liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

Although we do not pre-screen content, we reserve the right (but not the obligation), in our sole discretion, to refuse or remove any content that is available via the Service. Without limiting the foregoing, we will have the right to remove any content that violates this Agreement or is deemed by Mister Mixmania, in its sole discretion, to be otherwise objectionable.

7. Service Limitations

Mister Mixmania is subject to intended or unintended service interruptions. The Service can be changed, interrupted or eliminated at any time for any reason at the sole discretion of Mister Mixmania. In the event of an interruption, data loss or elimination of the Service, Mister Mixmania shall not be liable for any losses that occur.

8. Payments and Fees

If you elect to access any paid component of the Service, such as becoming a subscriber or purchasing credits, you agree to pay all fees and charges associated with the subscription or credit purchase on a timely basis. If your payment fails, access to the Service will be prohibited until resolved. Mister Mixmania reserves the right to delete your subscription and profile remains unpaid, and inactive, after a period of six (6) months.

Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Service(s).

9. Disclaimer of Warranties Limitations of Liability

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISTER MIXMANIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MISTER MIXMANIA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE MISTER MIXMANIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN MISTER MIXMANIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MISTER MIXMANIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS (€100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND SHALL ONLY BE ENFORCEABLE TO THE EXTENT PERMITTED BY LAW IN THE TERRITORY YOU RESIDE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

10. Representations

You represent and warrant that you own all right, title and interest in and to any content you upload to or submit via the Service, including, without limitation, all copyrights and rights of publicity contained therein.

11. Indemnity

You agree to indemnify and hold us harmless against any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) from third parties arising out of your use of the Service, both historical and current, including any breach, allegation, claim or failure of any representations or warranties you have made herein.

12. Identity Authentication

By entering into this Agreement you hereby understand that impersonating a brand, company, artist or individual is not permitted, will result in the immediate termination of your account and may have legal ramifications.

13. Age Restriction

To enter into this Agreement, you must be at least 18 years of age (or the age of the legal majority in your jurisdiction if different than 18) or be 13 or older (15 in Australia) and have your parent or guardian’s consent.

14. Explicit Content

Mister Mixmania provides many forms of entertainment content, some of which you may consider inappropriate for those under the age of eighteen (18). Parental discretion is advised for all users of the Service under the age of eighteen (18) due to: speech, lyrics, visual images, or other media that includes strong language, or depictions of sex, violence or substance abuse.

15. Choice of Law, Mandatory Arbitration and Venue

These Terms will be governed by and construed in accordance with the laws of the Federal Republic of Germany. For all purposes of these Terms of Service, the parties agree to the exclusive jurisdiction and venue of the Federal Republic of Germany.To the maximum extent permitted by applicable law, use of the Service is not authorized in any jurisdiction that does not give effect to the provisions of these Terms and Conditions.

16. Limitation of Actions

You agree that regardless of any statute or law to the contrary, you have no more than one year to file any and all claims or causes of action you may have connected with your use of the Service or this Agreement from the date such claims or causes of action arose. If you do not file within the one year period, you will forever be barred from doing so.

17. Assignment

Mister Mixmania Inc. may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest (including but not limited to an acquiring entity), without requiring your written consent. You may not assign or delegate this Agreement or any of your rights or obligations under this Agreement to any third party, nor transfer or sub-license your rights (or any part of your rights).

18. General

The failure of Mister Mixmania to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.

19 Contact Us

If you have any questions, please contact Mister Mixmania customer support via our Contact page