CCMIXTER TERMS OF USE
1. General Information Regarding These Terms of Use
Master terms: Welcome, and thank you for your interest in ccMixter (“ccM,”), operated by ArtisTech Media (“ATM,” “ArtisTech,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that ArtisTech Media operates. These include http://ccmixter.org/, http://beta.ccmixter.org/, http://beta.ccmixter.org/pells, http://beta.ccmixter.org/stems, http://dig.ccmixter.org/, http://beta.ccmixter.org/playlists/browse, and http://tunetrack.net/, together with all other subdomains thereof, (collectively, the “Websites”) The Master Terms also apply to all information and services provided through the Websites (“Services”).
Additional terms: In addition to these Master Terms, your use of the Websites and/or Services is subject to the ccMixter Privacy Policy, outlined here: http://ccmixter.org/privacy.
Collectively, the Terms: The Master Terms, together with the Privacy Policy, form a binding legal agreement between you and ArtisTech in relation to your use of the Websites and Services. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms create a contract between you and ArtisTech Media. The contract governs your use of all websites operated by ArtisTech media, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.
2. Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE WEBSITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Websites or Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Websites or Services. If you do not agree to the Terms, you are not authorized to use any Websites and/or Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Websites and/or Services on behalf of that entity.
Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.
3. Changes to the Terms
From time to time, ATM may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s), in the ccMixter forum or elsewhere. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Websites or Services after new or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.
4. Content Available through the Services
Provided as-is: You acknowledge that ATM does not make any representations or warranties about the content, material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Websites and/or Services. Under no circumstances is ATM liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Websites and/or Services. You understand that by using the Websites and/or Services, you may be exposed to Content that is offensive, indecent, or objectionable.
What you may do with the music on ccMixter: Different Creative Commons licenses may apply to different tracks made available at ccMixter. You must use each track in accordance with its license terms. For this reason, you should check the Creative Commons license that applies to each track before you use it so that you know what you can and cannot do with it. By using ccMixter, you agree that you are solely responsible for your use of any and all tracks made available at ccMixter. You also acknowledge that under all Creative Commons licenses, you are granted a license to use the tracks only; all rights not expressly granted under the terms of the license are reserved to the creator. You represent and warrant to ArtisTech that you will use any and all tracks made available at ccMixter in accordance with the applicable license.
For the avoidance of doubt, you must attribute all tracks in the manner required by the author or licensor and in accordance with the terms of the applicable Creative Commons license: (a) attribute the work in the manner specified by the author or licensor; (b) do not use the track to advertise or promote anything other than the work you create from it or yourself; (c) make clear to others the license terms of the track as part of your reuse, and (d) otherwise use the track in accordance with the terms of the selected Creative Commons license. You must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with a track.
You agree that you are solely responsible for your use of Content made available through the Websites and/or Services, including providing proper attribution and commercial or non-commercial use. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.
About the ccMixter site generally: ArtisTech makes ccMixter available to you on these Terms. You may only use ccMixter in accordance with these Terms and, in particular but without limitation, you may not use ccMixter for any purpose that is unlawful or prohibited by these Terms or any other conditions or notices that are made available at ccMixter. For example, you may not (and may not authorize another party to): (i) frame or otherwise co-brand this site (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this site; or, (ii) use ccMixter in any manner that could disable, overburden, damage or impair ccMixter services (including but not limited to its servers) or interfere with any other party's use and enjoyment of ccMixter.
You agree that, while ArtisTech Media makes efforts to ensure that the Content made available at ccMixter is legal, noninfringing and that the use of it in accordance with the Terms and the applicable Creative Commons license will not infringe the rights of any third party, ArtisTech cannot and does not guarantee that the Content made available at this site, in whole or in part, does not infringe the rights of any third party. In the event that content is posted to ccMixter and made available for download that is subsequently found to be infringing, ArtisTech will undertake reasonable efforts to notify you about this, for example, by posting a notice to the discussion forum or contacting you via email in accordance with the ccMixter Privacy Policy.
Links to third party sites: The ccMixter website may contain links to third party sites that are not operated and controlled by ArtisTech Media. You acknowledge that ArtisTech: (a) is not responsible or liable for any third party site, including without limitation, the content, information or products made available at any third party site for third party linked sites; (b) has not reviewed any third party linked sites; (c) has not sponsored or otherwise endorsed third party linked sites; and (d) makes no representations or warranties about any third party linked sites. For the avoidance of doubt, the only sites operated and controlled by ArtisTech Media, in addition to ccMixter and its varying subdomains, are http://tunetrack.net and http://artistechmedia.com.
What you may do with ccHost: ArtisTech makes ccHost, the software that runs the ccMixter site, available under a CC-GNU-GPL license (http://creativecommons.org/licenses/GPL/2.0/). You may use ccHost in accordance with the terms of that license. You agree that you are solely responsible for your use of ccHost and you represent and warrant to ArtisTech that your use of ccHost will comply with the CC-GNU-GPL.
Human-readable summary of Sec 4: We try our best to have useful Content on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Be sure to check the Content’s license terms before using it.
5. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Websites/Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You agree to refrain from posting, sharing or submitting material which you do not have the right to submit pursuant to copyright law, trademark law, moral rights law, contract or otherwise. Nothing in this provision abridges any right you have, if any, pursuant to the legal principle of fair use.
About the music you post to ccMixter: You may only post music to ccMixter that you have the right to post and license under a Creative Commons license. You hereby agree that Your Content: (a) is music or sounds that you yourself have created, (b) music that is in the public domain (such as Content that is not copyrightable or Content available under CC0), (c) if not owned by you, (i) is a music/media file available under any Creative Commons license or (ii) is a music/media file you are authorized by law to post or share through any of the Websites/Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.
For the avoidance of doubt, materials that infringe the rights of any third party (ie. materials used without express permission of the copyright owner) may not be used. By submitting music to ccMixter, you represent and warrant to ArtisTech Media that you have the necessary rights and authority to upload the track to http://ccmixter.org site and license it to the world under the Creative Commons license that you apply to that music. You retain any copyright that you may have in Your Content.
Removal: ATM may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Websites/Services in its sole discretion. Removal of any of Your Content from the Websites/Services (by you or ATM) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.
Your conduct in the discussion forums: ArtisTech Media offers the discussion forums on ccMixter for you and the other users of ccMixter to discuss music, tracks on ccMixter and directly related issues. You may only use the discussion forums to post, send and receive messages that properly conform to these Terms and are related to the purpose for which the forums are made available.
Human-readable summary of Sec 5: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of the Creative Commons license you select. If you do not own the content, then you should not post it unless it is in the public domain or under a Creative Commons license (and properly attributed accordingly), except that you may also post media files if you are authorized to use them under law (e.g., fair use). You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.
6. No Legal Advice
ArtisTech is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Websites and/or Services, including Content, does not constitute legal advice or create an attorney-client relationship.ArtisTech provides no legal advice, nor should any interaction with ArtisTech on the ccMixter site be considered legal advice.
Human-readable summary of Sec 6: We aren’t your lawyer. Please consult your own attorney if you need legal advice.
7. Prohibited Conduct
You agree not to engage in any of the following activities:
a. Violating laws and rights:
- You may not (a) use any Websites/Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, contractual obligations, confidentiality, or privacy rights.
b. Solicitation:
- You may not use the Websites/Services or any information provided through the Websites/Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
c. Disruption:
- You may not use the Websites/Services in any manner that could disable, overburden, damage, or impair the Websites/Services, or interfere with any other party’s use and enjoyment of the Websites/Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server. You may not deface, spam, otherwise adversely affect the Websites/Services.
d. Harming others:
- You may not post or transmit Content on or through the Websites/Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
- You may not intimidate or harass another through the Websites/Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Websites/Services.
e. Impersonation or unauthorized access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Websites/Services;
- You may not use or attempt to use another’s account or personal information without authorization; and
- You may not attempt to gain unauthorized access to the Websites/Services, or the computer systems or networks connected to the Websites/Services, through hacking password mining or any other means.
Human-readable summary of Sec 7: Play nice. Be yourself. Don’t break the law or be disruptive.
8. ccMixter API
When using the ccMixter API (“API”), you acknowledge that you have read, understood, and, agree to these Terms. Please see Our Privacy Policy for more information about how your information (as a user of the API) will be used.
Human-readable summary of Sec 8: When you use the API, you agree to certain policies. Please read them before using it.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTISTECH MEDIA OFFERS THE WEBSITES/SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITES/SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES/SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARTISTECH MEDIA DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITES/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES/SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY ATM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE WEBSITES/SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. ARTISTECH MEDIA DISCLAIMS ALL WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW IN CONNECTION WITH THE WEBSITES/SERVICES.
Human-readable summary of Sec 9: ATM does not make any guarantees about the sites, services, or content available on the sites.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTISTECH MEDIA BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES/SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ATM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTISTECH MEDIA IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITES/SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITES/SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITES/SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 10: ATM is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.
11. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless ArtisTech Media, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Websites/Services.
Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay ATM for the damage it causes.
12. Privacy Policy
ArtisTech is committed to responsibly handling the information and data we collect through our Websites/Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
Human-readable summary of Sec 12: Please read our Privacy Policy. It is part of these terms, too.
13. Trademark Policy
ccMixter may contain trademarks, service marks, logos and other names that are the property of ArtisTech Media or the Creative Commons or such other party as indicated with respect to that name or icon. In the case of Creative Commons' trademarks, logos and icons, these may only be used in accordance with their trademark policy (https://creativecommons.org/policies/#trademark).
Furthermore, the names, logos, icons, and other trademarks of ATM (including but not limited to ccMixter, dig.ccMixter, TuneTrack) may be used for referential use (e.g., to refer to ArtisTech Media as an organization, ccMixter as a music service, etc.), provided that such use does not imply endorsement by or association with ArtisTech Media or Creative Commons.
For the avoidance of doubt, no user of the ccMixter API, ccHost, or any Content on the Websites or through the Services is authorized to use ATM’s trademarks except in compliance with these Terms or the trademark policy of Creative Commons, referenced above.
Human-readable summary of Sec 13: Please read the Trademark Policy of Creative Commons because their logo is contained in some of our logos. It is part of these terms, too.
14. Copyright Complaints
ArtisTech Media complies with the provisions of the Digital Millennium Copyright Act (DMCA). ArtisTech respects copyright, and we prohibit users of the Websites/Services from submitting, uploading, posting, or otherwise transmitting any Content on the Websites/Services that violates another person’s proprietary rights.
In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on any ArtisTech Media Web Site, please contact the agent designated to respond to reports alleging copyright infringement. The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is Emily Richards.
ArtisTech Media, LLC
2118 Wilshire Blvd Ste 644
Santa Monica, CA 90403
Fax: 810-454-1663
Human-readable summary of Sec 14: Please let us know if you find infringing content on our websites.
15. Termination
By ArtisTech Media: ArtisTech may modify, suspend, or terminate the operation of, or access to, all or any portion of the Websites/Services at any time for any reason. Additionally, your individual access to, and use of, the Websites/Services may be terminated by ArtisTech Media at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Websites/Services at any time.
Automatic upon breach: Your right to access and use the Websites/Services (including use of your ccMixter Login) terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied Creative Commons licenses from your own Content.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Human-readable summary of Sec 15: If you violate these terms, you may no longer use our sites.
16. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between ArtisTech Media and you concerning these Terms, and/or any of the Websites/Services may only brought in a federal or state court of competent jurisdiction sitting in the Central District of California, and you hereby consent to the personal jurisdiction and venue of such court.
- If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ArtisTech Media as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and ArtisTech relating to this subject matter and supersede any and all prior communications and/or agreements between you and ArtisTech Media relating to access and use of the Websites/Services.
Human-readable summary of Sec 16: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.
Note about Reusing these Terms of Use.
The ArtisTech Media Terms of Use are dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. ArtisTech Media strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.
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