Mixopia – Terms of service

1. Introduction 

1.1 Please read these Terms of Service (“Terms”) carefully before using Mixopia.

1.2 Mixopia is an online platform that enables hosts to create collaborative, themed playlists on their Spotify Premium or Apple Music service with their friends, family and colleagues for any event, special occasion or social gathering. Hosts select playlist themes and invite guests to remotely search for songs and add their selections to each playlist.  Typically, Mixopia playlists are themed around life experiences and music memories. Mixopia lets customers curate the soundtrack of their life so they can store their most important music tracks and memories. Mixopia provides collaborative playlist building capacity for use globally.

1.3 In these Terms, “Mixopia Services” means any websites, mobile applications, and other services under the control of Life Tracks Events Pty Ltd ABN 77 638 523 501 (“we”, “us”), related to providing an online, mobile, or other digital platform for Mixopia, including www.mixopia.com and the Mixopia app.

1.4 These Terms constitute a binding agreement between you and us. “You”, “user”, and “users” shall mean all visitors and customers to and users of the Mixopia Services. You accept these terms each time you use the Mixopia Services. If you do not accept these Terms, you must not use the Mixopia Services. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the Mixopia Services and in any event you represent that you are otherwise able to enter into a valid and binding contract.

1.5 Our Privacy Policy forms part of these Terms.

1.6. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Mixopia Services after a change to these Terms constitutes your binding acceptance of these Terms.

1.7 The terms “post” and “posting” as used in these terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Mixopia platforms. For instance, as a customer or registered user you may occasional post your playlists by uploading and/or linking it to the Mixopia platform or social channels.

1.8 “Personal Information” as used in these Terms has the same meaning as in our Privacy Policy 

2. Important terms regarding connecting to a streaming service

2.1 Mixopia is not affiliated with any particular streaming service. It is agnostic and will link to any willing and capable streaming service.

2.2 Although we are independent from streaming companies, you may use Mixopia in connection with Spotify and Apple. If you do so, please note the following:

2.3 We do not make any warranties or representations on behalf of these companies and expressly disclaims all implied warranties with respect to their services including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

2.4 You are prohibited from using Mixopia to modify or create derivative works based on the streaming services’ platforms.

2.5 We are responsible for Mixopia and disclaim any liability for Mixopia on the part of the Spotify and Apple Music streaming services.

2.6 We are not responsible for Spotify or Apple Music, and we encourage you to consult their terms of service or to contact them directly if you have questions specifically about their services.

3. The Mixopia Services

3.1 We grant you permission to use the Mixopia Services subject to the restrictions in these Terms. Your use of the Mixopia Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

3.2 Children under 13 are only eligible to use the Mixopia Services under the supervisor of adults.

4. Your Mixopia account

4.1 You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Mixopia Services.

4.2 You represent and warrant that the information you provide to us when signing up and at all other times will be true, accurate, current, and complete.

4.3 To use the Mixopia Services, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Mixopia Services and to preserve the confidentiality of your username and password, and any device that you use to access the Mixopia Services. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail to legal@mixopia.com.

5. Communications

5.1 We may communicate with you by email or posting notices on the Mixopia Services or our social platforms. 

5.2 You agree to receive emails from us at the email address you provided to us for customer service-related purposes and for other purposes contemplated by these terms and the Privacy Policy.

5.3 By using the Mixopia Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Mixopia Services. If we learn of a security system’s breach, we may attempt to notify you electronically by sending an email to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at legal@mixopia.com

6. Purchases

6.1 By subscribing to or purchasing our services, you represent that the services ordered will be used only in a lawful manner. 

6.2 You agree to pay all charges that may be incurred by you or on your behalf through the Mixopia Services and/or our authorized payment vendor, at the price(s) in effect when such charges are incurred, including without limitation all processing charges.

6.3 We do not offer refunds other than at our discretion in exceptional circumstances.

7. Promotions.

7.1 From time to time, we may offer contests, and other promotional events in which you may choose to participate (“Promotions”). By participating in any such Promotion, you become subject to the rules for such Promotions as published by us, which may vary from these Terms. You should carefully review the rules, if any, of each Promotion in which you participate through the Mixopia Services. These terms will remain in full force and effect as long as you remain a user of the Mixopia Services.

8. Content ownership and use

8.1 We own or have the right to use all the Mixopia Content we make available on the Mixopia Services. “Mixopia Content” includes designs, text, graphics, images, video, information, logos, button icons, software, audio files and computer code, but does not include the music or other content provided by streaming services which you connect to via Mixopia. 

8.2 The Mixopia Content  and the compilation (meaning the collection, arrangement, and assembly) of all Mixopia Content are the property of us or our licensors, and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Mixopia Content in whole or in part.

8.3 We authorize you, subject to these Terms, to access and use the Mixopia Services and Mixopia Content solely for your personal use and do not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Mixopia Services or Mixopia Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the mixopia platforms. You cannot use our logo without our written permission.

9. Suggestions and submissions

9.1 We appreciate hearing from our users and welcome your comments regarding the Mixopia Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

(a) own, exclusively, all now known or later discovered rights to the creative ideas;

(b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

 

(c) be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10.  Mixopia Services limitations and prohibitions

10.1 You agree to use the Mixopia Services only for their intended purpose. You must use the Mixopia Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. You must not:

(a) attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Mixopia Services, user accounts, or the technology and equipment supporting the Mixopia Services;

 

(b) frame or link to the Mixopia Services without permission;

 

(c) use data mining, robots, or other data gathering devices on or through the Mixopia Services;

 

(d) post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

 

(e) disclose personal information about another person;

 

(f) harass, threaten, stalk, abuse, or post objectionable content;

 

(g) sell, transfer, or assign any of your rights to use the Mixopia Services to a third party without our express written consent;

 

(h) post advertising or marketing links or content, except as specifically allowed by these Terms;

 

(i) simulate or impersonate organic activities through the use of automated processes, inauthentic accounts, or other means we determine to be misleading or fraudulent, including, but not limited to, stream manipulation as defined by the Anti-Stream Manipulation Code of Best Practice.

 

(j) use the Mixopia Services in an illegal way or to commit an illegal act in relation to the Mixopia Services or that otherwise results in fines, penalties, and other liability to us or others; or

 

(k) access the Mixopia Services from a jurisdiction where it is illegal or unauthorized.

11.  Termination and Suspension

11.1 If you breach these Terms, we may terminate your use of the Mixopia Services.

11.2 We reserve the right to suspend or terminate your account and prevent access to the Mixopia Servicesfor any reason, at our discretion. We reserve the right to refuse to provide the Mixopia Services to you in the future.

11.3 You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms.

12.  Our liability

12.1 We are not liable for the actions of users when they use the Mixopia Services. We may also change the Mixopia Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you encounter using the Mixopia Services.

12.2 We may change, suspend, or discontinue any aspect of the Mixopia Services at any time, their availability, or any feature of them, without notice or liability.

13. Third-Party Websites.

13.1 The Mixopia Services may include links to third party websites, applications and services. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

14. Indemnity

14.1 You indemnify us, our related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you these Terms;

(b) your use of the Mixopia Services; or

(c) any violation by you of any law or the rights of any third party.

15. Limitation of Liability

15.1 Nothing in these Terms excludes, restricts, or modifies any rights that you have under the Competition and Consumer Act 2010 (Cth).

15.2 To the maximum extent permitted by law (but subject to clause 15.1):

(a) we make no warranties of any kind, express or implied, about the Mixopia Services, including but not limited to any warranties:

(i) about the accuracy and reliability of any material contained in the Mixopia Services;

(ii) that the Mixopia Services will meet your requirements or achieve any particular result;

(ii) that your access to or use of the Mixopia Services will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired;

b) we are not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Mixopia Services; and

(c) we are not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet.

15.3 To the maximum extent permitted by law, in no event shall we be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities, loss of management time, damage to credit rating, loss of business, or any other loss or damage – irrespective of the manner in which it occurs – which may be suffered due to a your use of the Mixopia Services, or as a result of the inaccessibility of the Mixopia Services and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date.

15.4 Certain legislation may imply warranties or conditions, impose obligations or give statutory guarantees (together, “Statutory Provisions”) which cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to the Statutory Provisions.  If the Statutory Provisions apply, notwithstanding any other provision of these Terms, to the extent to which we are entitled to do so, we limit our liability in respect of any claim in relation to services supplied by us to (at our election):

      1. the resupply of the services to you; or

      2. the payment of the cost of having the services supplied to you again.

16. Entire agreement

16.1 These Terms, and the terms of any other notices or instructions given to you under these Terms supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the use of the Mixopia Services and the other matters dealt with in these Terms.

17. No Assignment

17.1 You may not assign or transfer any rights under these Terms to any third party without our prior written consent.

18. Severability

18.1 If any part or provision of these Terms is invalid, unenforceable, or in conflict with any law, that part or provision is excised from these Terms and the remainder of the Terms will be unaffected.

19. Interpretation

19.1 In these Terms:

(a) a reference to natural person includes a corporation, partnership, government body or any other legal entity;

(b) words and expressions not otherwise defined and which are defined in the Copyright Act 1968 (Cth) will have the same meaning given to them in that Act; and

(c) “including”  and similar expressions are not words of limitation.

20. Jurisdiction and governing law

20.1 Your use of the Mixopia Services and These Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

21. Force Majeure

21.1 To the fullest extent permitted under applicable law, we will be excused from performance under these Terms for any period that we arew prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) Industrial strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of our information technology systems; or (g) other causes beyond our reasonable control.

22. Contact Information

22.1 The Mixopia Services are provided by Life Tracks Events Pty Ltd. If you have any questions, comments or complaints regarding these Terms or the Mixopia Services, feel free to contact us.

Mixopia

Level 8, 124 Walker Street,

North Sydney,

NSW, 2060

support@mixopia.com

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