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Terms and Conditions


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Terms and Conditions of Use of the DMC Site

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 where warranted.

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 this agreement.
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 for “cause” 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 applies.

14) These Terms of Use will apply to every access to www.digitalmix.com. DigitalMix.com reserves the right to issue revisions to these Terms of Use by publishing a revised version 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.
This Terms of Use, and the license granted, may not be assigned or sublet by you without DigitalMix.com's written consent in advance.
These Terms of Use shall be governed by, construed, and enforced 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 such jurisdiction.

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 such courts.

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.