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TERMS OF AGREEMENT

Effective as from 24/02/2012

This document (the Agreement) is a legally binding agreement between you and CLUBMIXED a company registered in the UK (CLUBMIXED) that governs your use of CLUBMIXED’s online Streaming and Download Service (as defined below), both available at the CLUBMIXED Website as defined in the CLUBMIXED Privacy Policy. The CLUBMIXED Service can be accessed as an ad-supported free-to-the-user service (the Free CLUBMIXED Service), and via the purchase of individual music tracks and full length dance mixes, jointly referred to as the CLUBMIXED Download Service. The Free CLUBMIXED Service and the CLUBMIXED Download Service are collectively referred to as the CLUBMIXED Service. Please note that you must read and agree to the terms and conditions of this Agreement before you use the CLUBMIXED Service.

By ticking the I agree box or pressing the I Accept button when creating a CLUBMIXED account or by using the CLUBMIXED Service, you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parents or guardians consent to enter into this Agreement, that you are resident in one of the countries in which CLUBMIXED provides the CLUBMIXED Service, that any registration information that you submit to CLUBMIXED is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the CLUBMIXED Privacy Policy. You also hereby agree to termination of any previous CLUBMIXED Terms and Conditions agreed with CLUBMIXED a company registered in the UK

1. Changes to the Agreement

CLUBMIXED may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the CLUBMIXED Service after such notification of changes to this Agreement will constitute your acceptance of such changes.

2. Grant of license

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the CLUBMIXED Service and to receive by stream, and where applicable via the CLUBMIXED Download Service, by download the media content made available through the CLUBMIXED Service. Your rights under this Agreement are not transferrable.

3. The CLUBMIXED Download Service

If you access the CLUBMIXED Download Service the applicable fee for your purchases will be charged by the company designated by CLUBMIXED in accordance with the payment method you have chosen. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the CLUBMIXED Websites may be subject to VAT (where applicable) and other applicable taxes and fees. CLUBMIXED accepts a variety of different payment methods, so please check the CLUBMIXED Websites for the best way for you to pay.

4. Purchase

If you access the CLUBMIXED Download Service you agree to purchase AND NO COPY STEEL OR SHARE CONTENT FROM CLUBMIXED WITH OUR PRIOR WRITTEN PERMISION FROM the CLUBMIXED Download Service.

5. Automatic renewal

Your access to the CLUBMIXED Download Service will automatically renew at the end of each 12 month period providing you have satisfied the minimum purchase requirements.

6. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

1. copy, reproduce, rip, record, make available to the public or otherwise use any part of the CLUBMIXED Service, or its content (including but not limited to tracks, images, videos and text) in a manner not expressly permitted under this Agreement;

2. sell or attempt to sell any invite to access the CLUBMIXED Service, or resell any code used to access the CLUBMIXED Service;

3. provide your password to any other person or use any other person's user name and password;

4. reverse-engineer, decompile, disassemble, modify or create derivative works based on the CLUBMIXED Service or any part thereof;

5. circumvent any technology used by CLUBMIXED, its licensors, or any third party to protect content accessible through the CLUBMIXED Service;

6. rent or lease any part of the CLUBMIXED Service;

7. use the CLUBMIXED Service in a way that violates the terms of this Agreement;

8. circumvent any territorial restrictions applied by CLUBMIXED;

9. artificially manipulate the CLUBMIXED Service by using a script or other automated process;

10. import any local files which you have not legally acquired into the CLUBMIXED Service; and

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the CLUBMIXED Service and its content.

7. Advertising

As consideration for your rights under this Agreement, you agree that CLUBMIXED and its business partners have a right to provide advertising and other information to you in relation to the CLUBMIXED Service.

8. Customer support

If you have any questions concerning the CLUBMIXED Service or this Agreement, please contact CLUBMIXED customer service by visiting the help section.

9. Term and termination

This Agreement will become effective in relation to you when you have ticked the I agree box when creating a CLUBMIXED account or when you start using the CLUBMIXED Service and will remain effective until terminated by you or CLUBMIXED. CLUBMIXED reserves the right to terminate this Agreement or suspend your CLUBMIXED account at any time in case of unauthorized, or suspected unauthorized use of the CLUBMIXED Download Service whether in contravention of this Agreement or otherwise. If CLUBMIXED terminates this Agreement, or suspends your CLUBMIXED account for any of the reasons set out in this section, CLUBMIXED shall have no liability or responsibility to you, and CLUBMIXED will not refund any amounts that you have previously paid.

10. No warranty

The use of the CLUBMIXED Service (including but not limited to its content) is at your own risk. The CLUBMIXED Service is provided on an as is and as available basis. To the fullest extent possible under applicable law, CLUBMIXED gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the CLUBMIXED Service. In addition, CLUBMIXED does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the CLUBMIXED Service or any hyperlinked website, or featured in any banner or other advertising. Consequently CLUBMIXED will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the CLUBMIXED Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from CLUBMIXED shall create any warranty on behalf of CLUBMIXED in this regard.

11. Limitation of liability

In no event shall CLUBMIXED, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the CLUBMIXED Service (including but not limited to its content), even if you have advised CLUBMIXED about the possibility of such loss, and including any damages resulting there from.

Your only right with respect to any problems or dissatisfaction with the CLUBMIXED Service is to stop using the CLUBMIXED Service.

Nothing in this Agreement removes or limits CLUBMIXED’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

12. Indemnity

You agree to indemnify and hold CLUBMIXED and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

13. Intellectual property

CLUBMIXED respects intellectual property rights, and expects you to do the same. Please note therefore that the CLUBMIXED Service and the content provided through the CLUBMIXED Service is the property of CLUBMIXED or CLUBMIXED's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the CLUBMIXED Service (including but not limited to its content) in any manner not covered by the Agreement.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the CLUBMIXED Service.

14. Technology limitations and modifications

CLUBMIXED will make reasonable efforts to keep the CLUBMIXED Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. CLUBMIXED reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the CLUBMIXED Service with or without notice.

15. Privacy

You agree that CLUBMIXED has a right to collect and process your personal information in accordance with the CLUBMIXED Privacy Policy.

16. Assignment by CLUBMIXED

CLUBMIXED may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

17. Entire agreement

This Agreement together with the CLUBMIXED Privacy Policy (the “Agreements”), constitutes all the terms and conditions agreed upon between you and CLUBMIXED and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to CLUBMIXED are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by CLUBMIXED not contained in this Agreement.

18. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

19. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the United Kingdom.