JustMixin' Terms & Conditions Of Service
Effective Date: 1st July 2008Introduction
Welcome to Just Mixin.com, the exciting new social networking site based around Music - one of the great pleasures of life that transcends all ages, genders, culture and religion. It`s THE place to be where Mixin Members can stay in touch with their friends, meet new ones and generally chill out! Just Mixin may be accessed through the internet and by using the Just Mixin Service you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Where applicable under law, these Terms constitute a written contract.
Eligibility for Registration
You must be 13 years or older to use the Just Mixin Service. By registering to become a "Just Mixer" ("Mixer") you represent and warrant that you are 13 or older. Ideally if you are between 13 and 18 we would prefer you to seek parental approval to become a Just Mixer. When you register you are confirming that you have read and understood these Terms and Conditions of Service and that you agree to being bound by them and comply at all times with all these Terms and Conditions of Service. You must provide true, accurate and complete registration information to be a Just Mixer. You will be asked to select a username and password. Keep this safe as you will be responsible for all activities occurring under your username. We may decline a username that copies or mimics or impersonates. Select something appropriate - something which is not rude, disgusting or offensive! Don`t select a user name that is someone else, protected by trademark or proprietary rights law. We already have rejected a Donald Duck and a Mickey Mouse so try something original! We retain sole discretion over what is an allowable password.
Changes to Just Mixin and the Terms and Conditions of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete elements of these Terms of Service at any time without further notice. When changes occur we will input the changes to these Terms of Service and we may send you an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THE JUST MIXIN SERVICE. YOUR CONTINUED USE OF THE JUST MIXIN SERVICE FOLLOWING OUR UPDATES WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Member Behaviour, Proper Conduct and Appropriate Content
The Just Mixin Service is made available for your personal recreational use only. Just Mixin is not available to business users nor for any illegal or unauthorised purpose. Users outside the United Kingdom agree to comply with all local rules regarding online conduct, proper behaviour and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You and you alone are responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post and display on the Just Mixin Service.
Under no circumstances does Just Mixin have any obligation to check the accuracy or truthfulness of any Content, nor to monitor any Mixers use of the Just Mixin Service. As you would expect, we do monitor content closely and reserve the right to cancel your membership without notice. It follows that we may, but shall have no obligation to, remove "content" that we determine in our sole discretion are illegal, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party`s intellectual property or other proprietary rights of these Terms and Conditions of Service.
CONDITIONS FOR USE
You are responsible for all Just Mixin usage in your user name. You agree to be subject to and governed by all applicable borough, metropolitan, county, national and international laws and regulations. YOU are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Just Mixin Service. You agree NOT to:
1.User other Mixer`s personal information apart from establishing a friendly contact that other Mixer`s would welcome.
2.Submit content that is unlawful or promote or encourage illegal activity.
3.Submit or download content that infringe copyright or proprietary rights of any individual, body or corporation.
4.Alter, delete, amend any Just Mixin web pages.
5.Interfere with any part of the Just Mixin Software, including data tracking or retrieval systems which use other methods or retrieve or index the Just Mixin Website.
6.Use the Just Mixin Service in any way that could alter the websites capacity or performance.
7.Attempt to gain unlawful and unauthorised access to the Just Mixin Service including feeder or networks connected to the Just Mixin Service.
8.Violate the human rights of others, including privacy and media publicity.
9.Create, post, publish or distribute any illegal, harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
10.Submit content of any third party without such third party`s prior written consent, or content that falsely passes off or infers that such content are endorsed or sponsored by Just Mixin.
11.Create a false or misleading identity or pass off as someone else.
12.Falsely state or otherwise pass off your relationship with a person or body with the intention of misleading others as to the true identity or purpose of content.
13.Transmit, e-mail or post any material that contains in any form software viruses whose intent is to harm, corrupt or harvest data.
14.Employ data mining or harvesting techniques on any information held or stored on the Just Mixin website by electronic or other means.
15.Distribute or copy content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or other applicable law.
16.Remove any copyright, trademark or other proprietary rights notices contained in or on the Just Mixin Service.
17.Distribute any unsolicited or unauthorised advertising or messages.
18.Interfere with another Mixer`s use messages or the Just Mixin Service.
Proprietary Rights
Just Mixin does not claim any ownership rights in the Content that you submit, post or display on or through the Just Mixin.com Website. You continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any legal way you choose. By submitting, posting or displaying any Materials on or through the Just Mixin Service, you hereby grant Just Mixin a legal licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Just Mixin website.
Just Mixin needs this licence for operational reasons. Just Mixin needs to be able to digitally compress music files or format Content to satisfy technical requirements. The licence gives Just Mixin the right to publicly perform Materials, without which Just Mixin could not allow Mixers to listen to music posted by other Mixers. You are free and able to licence your Content to anyone else in addition to Just Mixin. Just Mixin is not required to pay you for the use on the Just Mixin Website of the Content you post. This licence will terminate at the time you remove your Content from the Just Mixin Service. You agree that the licence will continue solely with the respect to other Mixers continued use of your Content that are not music or videos; provided, however if you remove any of the Content from the Just Mixin Service, Just Mixin reserves the right to remove all of your Content from other Mixer`s pages. The licence does not grant Just Mixin the right to sell your Content, nor does the licence grant Just Mixin the right to distribute your Content. You represent and warrant that: (i) you own the Content posted by you on or through the Just Mixin Service or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Just Mixin Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Just Mixin Service.
Just Mixin own and retain all rights in the Just Mixin Website and Just Mixin, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, (6) design presented through and as part of the Just Mixin Service. You may not copy, modify, public, transmit, distribute, perform, display or sell any of Just Mixin.com`s proprietary information. Just Mixin is a registered trademark.
Privacy Policy
Your privacy is of the utmost importance to us. The collection and use of personal information is governed by our Privacy Policy. Click here to review the Just Mixin.com Privacy Policy.
Copyright Policy
Just Mixin honours the intellectual property rights of others. You must not upload, amend, distribute or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Just Mixin will terminate any user`s access to the Just Mixin website according to these terms of use if Just Mixin is notified that such user`s activities infringe the rights of third parties. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please tell us immediately in writing. Your communication must identify the infringement, state who owns the copyright and under which Country`s Law the copyright is registered.
We suggest you seek legal advice regarding your copyright before you notify Just Mixin of your infringement. We will exchange your information with the alleged infringer of your copyright so that you may attempt to resolve the complaint without recourse to law.
Internet Access
Just Mixin shall not be responsible for any connection or access to the Just Mixin.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Just Mixin.com website via the Internet and access charges thereon. Just Mixin does not warrant the quality and speed of its Just Mixin service.
Termination of Just Mixing Service
These Terms and Conditions will apply at all times during your Just Mixin Service. You can at any time terminate your account which will remove your profile and other personal information from view. To cancel your account click here. At our sole discretion we may terminate your membership immediately at any time, for any reason. As soon as your membership terminates, you will have no right to use the Just Mixin Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liabilities and miscellaneous provisions survive after any termination of your membership.
Just Mixin may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Just Mixin Service, or any part thereof, with or without notice. You agree that any termination of access to the Just Mixin Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Just Mixin may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Just Mixin Service. Further you agree that Just Mixin shall not be liable to you or any third party for any termination or suspension of access to the Just Mixin Service or modification of the Just Mixin Service.
Disclaimer of Warranties
Just Mixin, its licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Just Mixin Service.
Just Mixin further makes no warranty that the Just Mixin Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, that defects or errors will be corrected, that the Just Mixin Service or the server that makes it available are free of viruses or other harmful components, and that the use of or the results of the use of the Just Mixin Service or the content made available as part of the Just Mixin Service will be correct, accurate, timely, or otherwise reliable.
Just Mixin expressly disclaims any and all responsibility and liability for the conduct of any other Mixer, and expressly disclaims that the content of the Just Mixin.com website input by other Mixers is correct or accurate.
YOU AGREE THAT YOUR USE OF THE JUST MIXIN SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at Just Mixin`s request defend Just Mixin, and employees, from and against any third party claim arising from or in any way related to your use or conduct on the Just Mixin Service. This indemnity extends to any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgements, legal costs, expenses and lawyers fees, or every kind and nature.
Limitation of Liability
Under no circumstances will Just Mixin its parent or sister companies or any one connected with Just Mixing or its employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Just Mixin Service.
Please remember that Just Mixin does not pre-screen or approve Just Mixin pages and therefore cannot guarantee that the page created is being operated by the individual who purports to operate the page.
Notices
Just Mixin may provide you with notices regarding the Just Mixin.com Service or these Terms and Conditions of Just Mixin Service by postal services, email or postings to this website.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licences regarding your use of the Just Mixin Services.
Miscellaneous
These Terms and Conditions of Service will be governed and construed in accordance with the laws of England. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England. The Terms and Conditions of Service constitute the entire agreement between you and Just Mixin with respect to the subject matter hereof and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Third Party Website and Content
The Site contains (or you may be sent through the Site or the Service) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
Terms and Conditions for E-Purchases
Our terms and conditions apply to all retail transactions on the Just Mixin website are set out below. Terms and conditions for wholesale customers are available upon request. Nothing stated or implied in these terms and conditions shall affect the statutory rights of any customer. All other terms and conditions expressed or implied by statue or otherwise are excluded. Please read through these carefully before placing your order and then print a copy of future reference. Please also ready our Privacy Policy section regarding personal information provided by you.
1.Orders
a)We undertake to supply authentic music and other products as described on these web pages.
b)All orders for goods shall be deemed to be an offer by you the buyer to purchase goods pursuant to these terms and conditions.
c)You the buyer shall be responsible for ensuring the accuracy of the details provided on the order form. Just Mixin are unable to accept an order unless all details requested on the order form have been entered correctly.
d)Upon placing an order we will advise you of the availability of the items ordered and the cost. You may cancel your order without any penalty should these costs be unacceptable.
e)We are entitled to refuse any order placed by you and will not be required to provide an explanation.
2.Pricing
a)The price you the buyer pay is the price displayed on this website at the time we receive your order. However whilst we try to ensure that all prices on our website are accurate errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods you will receive a full refund.
b)Due to fluctuating market values all prices are subject to change.
c)All goods offered for sale through our website are priced in Pounds Sterling. For purchases delivered to the UK VAT is charged at the rate applicable and is included in the price displayed. For the benefit of customers purchasing in the Rest of the World please contact us direct by e-mail info@justmixin.com
d)Prices do not include postage and packing which will be charged as an additional cost on all orders. The cost to the destination country of your order will be shown on your order form prior to your committing to your purchase.
e)VAT is not charged to or payable on orders taken from and delivered outside the UK.
f)Customs and import duties are not included. The customer is responsible for payment of any such surcharges upon deliveries outside the United Kingdom.
g)We reserve the right by giving notice to you the buyer at any time before delivery to increase the price of your purchase due to any increase in the cost to us which is due to any factor beyond our control. In the unlikely event of there being such an increase in the price of the goods to you the buyer shall be entitled to cancel the order at any time before delivery. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods you will receive a full refund.
3.Payment
a)We take payment from your card at the time we receive your order once we have checked your card details and stock availability. Goods are subject to availability. In the event that we that we are unable to supply the goods we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
b)We employ Worldpay a wholly owned subsidiary of the Royal Bank of Scotland to process all debit credit and charge card payments for customers. Founded in 1993 Worldpay is acknowledged as the global and trusted leader in secure multicurrency Internet payment handling.
c)We accept payment by cheque (drawn on a major UK bank) in pound sterling. We will despatch goods upon cheque clearance.
d)We accept the following credit/debit card payment (Visa MasterCard Eurocard Switch Delta Visa Electron Laser Solo and JCB). If you prefer you may also supply us with your credit card information by telephone or fax.
e)Upon payment we will send you a receipted invoice by post or e-mail.
f)Title to the goods will pass to you the buyer on payment in full of the price of the goods.
g)Payment can be made by any method specified. We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
h)You the purchaser warrant that all the details provided on the order form for the purpose of purchasing the goods by credit/debit card you are using is your own and that there are sufficient funds and/or sufficient unused limit to cover the cost of the goods.
4.Delivery
The goods will be delivered to you the buyer at the address provided by you on the order form. Delivery of orders is generally ex-stock. This means we should be able to despatch them from our secure stores within 7 working days. If an item is not ex-stock we will advise you if the delay in shipping will exceed 7 days. If you have not received the item(s)within 5 days of the expected delivery date please advise us so that we can attempt to trace the parcel. All shipping/delivery charges are shown on your order form prior to your committing to your purchase. Overseas customers please refer to paragraph 2f. The risk in the goods shall pass to you upon such delivery taking place. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery however caused. We do make every effort to deliver goods within the estimated timescales
5.Returns
a)Everything sold by Just Mixin has been carefully checked for both quality and authenticity. Sometimes however items are damaged during delivery or unacceptable in some other way and we will make every effort to rectify that situation.
b)When you receive your goods please check them immediately. Any damage must be notified to Just Mixin within 2 days of receipt of your order. You should return the damaged goods to us and we will refund your reasonable postage. If a replacement is not available you have the option of choosing an alternative or a full refund.
c)Goods that are unacceptable for any reason may be returned for a refund but you must contact us within 7 days of receipt if you wish to return the item.
d)Goods returned which are not defective or faulty will not be subject to a re-stocking charge. You must only pay for all shipping costs.
6.Your Warranty
a)The details you supply will be stored on computer and used by Just Mixin to provide details of future sales events exhibitions newsletters and other information relating to the sale of our products. If you do not wish to receive this marketing information please advise us in writing and we will remove your details from our database.
b)Your security and privacy are our priority. It is not our policy to disclose your e-mail address or details to anyone.
7.Why you can feel safe shopping online with Just Mixin
a)We have employed the services of Worldpay a subsidiary of the Royal Bank of Scotland and a market leader payment service provider. This offers you the customer with a trusted and secure site to purchase on-line.
b)We only accept your purchasing information such as credit card details through our secure server which ensures that any data sent to us is encrypted by our browser before being sent to us.
c)Many sites offer the opportunity to send details without encryption or don`t even offer an encryption facility at all. We won`t compromise your security and if your browser cannot communicate with us securely then unfortunately we cannot accept your order.
d)Any page providing secure mode to protect your information will display the locked pad lock symbol.
e)All information gathered including any information given at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998. The information collected about you will be used firstly to enable us to process your order or enquiry and second to provide you with the best possible customer service. The information we hold will be kept secure and will be held in accordance with the law. You can check the information we hold about you by writing to the following address:-
The Managing Director
Just Mixin
The Music Studio
Greenhills Rural Enterprise Centre
Tilford Rd
Tilford
Surrey
.GU10 2DY
f)If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be stored in accordance with our internal security policy and the law.
8.Website Accuracy
a)We will attempt to ensure that the information available on the website at any time is accurate. However we are not responsible for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as possible upon becoming aware or being notified of these.
b)Whilst we attempt to be as accurate as possible with the specifications of products offered for sale we are not responsible for any inaccuracies. Where products have been misdescribed in error your consumer rights are fully reserved and you will be refunded in full where payment has already been received.
9.Queries and Complaints
a)Whilst Just Mixin endeavour to handle all enquiries and fulfil all orders speedily effectively and accurately it is not possible to guarantee there will never be a problem. Should you have any complaints about our service we would request that these be put in writing and sent to: -
Customer Service
Just Mixin
The Music Studio
Greenhills Rural Enterprise Centre
Tilford Rd
Tilford
Surrey
GU10 2DY
Email: info@justmixin.com
b)Any complaints received will be acknowledged within five working days and you will be informed of a member of staff designated to deal with your complaint together with the steps we intend to take to resolve matters.
The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
We do not guarantee that this website will be compatible with your PC and we accept no liability for any corruption or loss of data held on your PC or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
Mixers Forum - Rules
This is another free service from Just Mixin. The only thing we ask is that you stick to the rules and policies which follow and those set out in the Just Mixin Terms and Conditions of Service. If you agree to the terms, please check the "I Agree" checkbox and press the "Register" button below. If you would like to cancel the registration, click here to return to the home page.
Although the moderators of Just Mixin Forum will attempt to keep all inappropriate messages off this forum, it is impossible for us to review all messages. All messages express the views of the author who will be held responsible for the content of any message. Messages posted are not those of the Directors and employees of Just Mixin, who will not be held liable for the content of any messages contained within this forum.
By agreeing to these rules, you warrant that you will not post any messages that could be deemed, racist, rude, obscene, vulgar, sexually-orientated, hateful, threatening, or anti-religious or hurtful to those disabled or disadvantages within society.
Just Mixin Forum reserve the right to remove, edit, move or close any message for any reason, without notice and at their sole discretion.
CHILDREN
Just Mixin Principles
We built Just Mixin to make it easy to communicate with your friends, make new friends and share music and related experiences with like minded people. We understand you may not want everyone everywhere to have the information you share on Just Mixin. Your are in control of your personal information. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join and most importantly you control the users with whom you share that information through the privacy settings.
Children Under Age 13
Just Mixin does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Just Mixin or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child age under 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at Privacy Hotline: info@justmixin.com
Children Between the Ages of 13 and 18
We recommend that children over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the internet. If you are between the ages of 13 and 18 you will be asked upon registration to confirm that you have received parental consent before registering.
