Last modified: 21/03/2016
1. Welcome to MixRadio
Thanks for visiting the mixradio.com website and/or using our app or other software (“Website”). The Website is provided by MixRadio Limited. (“MixRadio”, “we”, “our”, “us”), located at the address listed on the Website and with registered number 09335334 and VAT number 213 7603 33.
By using the Website, you’re agreeing to these Website Terms (“Terms”). Please review them carefully. They form a binding agreement between you and MixRadio. If you don’t agree with them, please don’t use our Website.
If you’re using the Website on behalf of a business, that business also agrees to these Terms.
The Website enables you to make enquiries about the MixRadio music streaming service, which is closing down.
3. Change of these Terms
We may modify these Terms to reflect, for example, changes to the law or to our Website. When we make changes we’ll post modified versions of the Terms on this page. When we make material changes, we’ll notify you through the Website. By continuing to use the Website after those notifications and changes are made, you acknowledge your acceptance of the changes. If you don’t agree with the modified Terms then please discontinue your use of the Website.
5. Your Use of the Website
You may use the Website only for personal, non-commercial purposes.
You must not misuse the Website. For example, don’t do anything that may interfere with the Website or affect other users’ ability to access or use it.
Use of the Website does not confer you with any intellectual property rights, relating to either the Website itself or any content available on the Website.
You may not make use of any branding or logos used in the Website without our consent. You may only use the Website if we choose to make it available in your normal country of residence.
You must have the power to enter a binding legal agreement with us in order to use our Website.
6. Changes in the Websites and Availability of Websites
We may change the Website at any time. We may suspend or stop access to the Website at any time, but if we do so, where reasonably possible, we’ll give you advance notice.
Use of the Website requires a suitable internet connection to be available. We are not responsible for providing this connection or for any charges that arise from your use of the Website over it.
In connection with your use of the Website, we may send you various types of message related to our Website. You may opt out of receiving marketing information. You will not be able to opt out of receiving messages relating to the administration of the Website.
8. Copyright Infringement
We respect the intellectual property rights of others. If you believe that MixRadio or our Website infringes your copyright, then please let us know in writing. Notices of alleged copyright infringement should be sent to us using the online form contact.line.me/mixradio.
We may share necessary information with copyright holders in order to detect or investigate potential copyright infringements.
We may add digital watermarks to content you download from our Website.
9. User Generated Content
Our Website may allow you to upload or submit content. You will retain ownership of any intellectual property rights that you hold in that content and will be solely responsible for any third party infringement claim which results from your user generated content.
You understand and agree that OUR WEBSITE IS PROVIDED “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE DON’T MAKE ANY COMMITTMENTS ABOUT THE FEATURES, CONTENT, RELIABILITY OR AVAILABITY OF OUR WEBSITE, OR ITS ABILITY TO MEET YOUR NEEDS. YOU USE OUR WEBSITE ENTIRELY AT YOUR OWN RISK.
NOTHING IN THESE WEBSITE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LOCAL LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
THE TOTAL LIABILTY OF MIXRADIO AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE THE WEBSITE, OR £25 WHICHEVER IS GREATER.
IN ALL CASES MIXRADIO AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORSEEABLE.
12. Explicit Content
The following is applicable to users in the United States of America and Canada only.
We will have no liability for any content or materials, whether labelled as explicit or not, that are made available by the Website that you might find offensive, indecent or objectionable.
14. Applicable Laws
The laws of England & Wales will apply to any disputes arising from or relating to these Terms or the use of our Website. HOWEVER, IF YOU ARE A CONSUMER, THE MANDATORY CONSUMER PROTECTION REGULATIONS OF YOUR PLACE OF RESIDENCE SHALL APPLY PROVIDED THESE REGULATIONS FAVOUR YOU BETTER THAN THE LAW OF ENGLAND AND WALES.
15. Place of Jurisdiction
If you are a business user, exclusive place of jurisdiction for any disputes arising from or relating to these Terms shall be London.