Terms and Conditions of Use of the DMC Site
DIGITALMIX.COM = DMC
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve accomplished
that — and would ask that you let us know if you’d like
to see improvements or changes that would make it even easier for
you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using
our site you automatically agree to them. Naturally, if you don’t
agree, please do not use the site. We reserve the right to make
any modifications that we deem necessary at any time. Please continue
to check these terms to see what those changes may be. Your continued
use of the DigitalMix.com Web site means that you accept those changes.
This “Conditions of Use” agreement sets forth the essential
points a user must abide by in using the DMC site. Though the points
mentioned below are limited, they are by no means conclusive and
final, and any and all rights of DMC, both legal and equitable,
shall be strictly be reserved.
1) User may peruse any of the musical tracks
on the DMC site for any song the prospective licensee is considering
for mechanical, synchronization, or other uses in their project(s)
prior to obtaining a license and remitting the agreed upon royalties
2) Until a license has been consummated and royalties remitted through
DMC, any use whatsoever of those federally protected copyrights
contained on the DMC site, for whatever purpose, is strictly prohibited.
Prohibited restrictions include any transference of the sound recording,
or underlying copyright, by digital, electronic, analog, or any
re-recorded means now known or hereinafter devised. All copyrights
on the DMC site are protected and will be enforced to the full extent
prescribed by the United States and International copyright acts,
laws, and doctrine.
3) The Licenses used on the DMC site will be issued to the licensee,
(post to the submission of the applicable “quote form”),
containing all of the warranted and specific licensing criteria,
only when approved by DMC. Final license issuance will be granted
at the sole discretion of DMC and its’ respective copyright
clients or owners.
4) User shall abide by all terms and conditions regarding the scope
and authorization as set out in the subject license as issued to
the licensee, and any deviation thereof, without benefit of a written
instrument extending requisite rights, will be and be deemed an
infringement to those rights granted by DMC on behalf of itself
and its clients, thereby causing the license to be null and void.
5) As the user to the DMC site benefits from certain entitlements,
any dedicated information granted to user via the procedures and
mechanics derived from the DMC site, or otherwise, shall be considered
confidential, proprietary, and kept in confidence. Any unauthorized
disclosure thereof to third parties may constitute a breach of this
agreement actionable by, but not limited to, termination and its
relationship with DMC.
6) As a general rule, any unauthorized use of this site, and the
contents therein, are strictly prohibited. That being said, the
user shall use all of their efforts in maintaining the integrity
of the copyright(s) granted via license to them to the extent that
any unauthorized use shall be ensured against duplication by means
now know or hereinafter devised.
7) No part of this agreement, representation, or the rights hereof
granted to the user shall be assigned to any third party, or otherwise,
without the expressed permission of DMC in writing. You agree to
treat as strictly private and confidential any Subscriber Code,
username, user ID, or password which you may have received from
DigitalMix.com, and all information to which you have access through
password-protected areas of DigitalMix.com's websites and will not
cause or permit any such information to be communicated, copied
or otherwise divulged to any other person whatsoever.
8) No part of DMC’s website shall be used, absconded with,
duplicated, modified, or infringed against DMC’s business
method patent without written permission by DMC. Materials in this
website are copyrighted and all rights are reserved. Text, graphics,
databases, HTML code, and other intellectual property are protected
by US and International Copyright Laws, and may not be copied, reprinted,
published, reengineered, translated, hosted, or otherwise distributed
by any means without explicit permission. All of the trademarks
on this site are trademarks of DigitalMix.com or of other owners
used with their permission.
9) All trademarks, logos, operating system procedural methods or
design, shall be and remain the sole property of DMC. All material
and copyrights contained therein of DMC’s website shall remain
the property of DMC and any copying whatsoever via programming,
software, or otherwise by means now know or hereinafter devised
shall be prohibited. DigitalMix.com warrants, and you accept, that
DigitalMix.com is the owner of the copyright of the Databases of
Links to articles and resources available from time to time through
www.digitalmix.com. DigitalMix.com and its contributors reserve
all rights and no intellectual property rights are conferred by
DigitalMix.com grants you a non-exclusive, non-transferable license
to use database(s) accessible to you subject to these Terms and
Conditions. The database(s) may be used only for viewing information
or for extracting information to the extent described below.
You agree to use information obtained from DigitalMix.com's databases
only for your own private use or the internal purposes of your home
or business, provided that you are not selling or broking the information,
and in no event cause or permit said information to be published,
printed, downloaded, transmitted, distributed, reengineered, or
reproduced in any form from any part of the databases, (whether
directly or in condensed, selective or tabulated form), whether
for resale, republishing, redistribution, viewing, or otherwise,
outside of the scope of those warranted licenses granted to you
or your company as “issued”..
Nevertheless, you may on an occasional limited basis download or
print out individual pages of information that have been individually
selected, to meet a specific, identifiable need for information
which is for your personal use only, or is for use in your business
only internally, on a confidential basis. You may make such limited
number of duplicates of any output, both in machine-readable or
hard copy form, as may be reasonable for these purposes only. Nothing
herein shall authorize you to create any database, directory or
hard copy publication of or from the databases, whether for internal
or external distribution or use.
The owner of this site is not necessarily affiliated with sites
that may be linked to this site and is not responsible for their
content. The linked sites are for your convenience only and you
access them at your own risk. Links to other websites or references
to products, services or publications other than those of DigitalMix.com
and its subsidiaries and affiliates at this website, do not imply
the endorsement or approval of such websites, products, services,
or publications by DigitalMix.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or
phrases at this website may constitute trade names, trademarks or
service marks of DigitalMix.com or of other entities. The display
of trademarks on this website does not imply that a license of any
kind has been granted. Any unauthorized downloading, re-transmission,
or other copying of modification of trademarks and/or the contents
herein may be a violation of federal common law trademark and/or
copyright laws and could subject the copier to legal action.
10) User understands that the term of this agreement commences
upon the date of registration and may be canceled at any time
by either party with a minimum 60 (sixty) day written notice.
DMC also reserves the right to cancel any agreement or license
and “at will” in their sole discretion. Upon termination,
user must destroy all materials. In addition, by providing material
on our Web site, we do not in any way promise that the materials
will remain available to you, and digitalmix is entitled to terminate
all or any part of any of its Web site without notice to you.
11) DMC reserves the right to review the books and records of its
licensees in order to verify proper royalty reporting to DMC on
behalf of its’ content provider clients.
12) User warrants that they have the right to
enter into agreements and licenses with DMC and saves and holds
DMC harmless against any and all liabilities both in law and in
equity on behalf of itself as well as DMC’s represented clients
for and by any means whatsoever.
13) User agrees to indemnify and hold DMC harmless
against all claims and infringements that may arise out of using
DMC’s services or on behalf of DMC's represented clients.
DMC’s “Disclaimer” policy is implicit and also
to www.digitalmix.com. DigitalMix.com reserves the right to issue
of this document on this site, that version will then apply to all
use by you following the date of publication. Each access of information
from DigitalMix.com will be a separate, discrete transaction based
on the then prevailing terms.
or sublet by you without DigitalMix.com's written consent in advance.
in accordance with the laws of the State of New York, as it is applied
to agreements entered into, and to be performed entirely within
To the extent you have in any manner violated or threatened to violate
DigitalMix.com and/or its affiliates' intellectual property rights,
DigitalMix.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
New York, and you consent to exclusive jurisdiction and venue in
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: White Plains New York. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: White Plains New York, under the rules
of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with jurisdiction
to do so.
15) This is the entire agreement and may not be modified through
extraction or additional provisions without the written authorization
of DMC. Additionally, if any section of this agreement is found
to be null and void, all surviving sections shall remain in full
force and effect.
This is the END of the Terms and Condition of
use of the DigitalMix.com site.