Welcome to Tra.kz!
Rules of Conduct
You agree that you will not use the Site for any of the following:
- Post, publish, link to or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- Use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site
- Use the Site in a manner that could damage, disable or overburden the Site or violate the law;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
You acknowledge that MixMatchMusic and its licensors own all rights, title, and interest in all content on the Site, including but not limited to the Site's design, text, graphics, and files, and their selection and arrangement (the "Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by MixMatchMusic. All trademarks, logos, trade dress, and service marks on the Site are trademarks of MixMatchMusic or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
Copyrighted Materials: No Infringing Use.
You will not use the Site to offer, display, distribute, transmit, route, or provide connections to any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
MixMatchMusic respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, MixMatchMusic will respond expeditiously to claims of copyright infringement committed using the Site that are reported to MixMatchMusic's Designated Copyright Agent identified below.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to MixMatchMusic's Designated Copyright Agent. Upon receipt of Notice as described below, MixMatchMusic will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site by terminating the URL created for challenged use.
If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide to MixMatchMusic, Ltd. with a written Notification of an Alleged Copyright Infringement, as provided by the Digital Millennium Copyright Act, 17 United States Code Section 512(c)(3). To be effective, that written Notification, which is also known as a take-down notice, must contain substantially all of the following information:
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to MixMatchMusic's Designated Copyright Agent:
c/o MixMatchMusic, Ltd.
1325 Howard Avenue #923
Burlingame, CA 94010
Links and References
This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. MixMatchMusic does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials, or contents available from or on these sites.
This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services, or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services, or firms referenced here.
If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of service and privacy policies of these sites, as they may differ from ours.
MixMatchMusic is not responsible for any incorrect or inaccurate URLs posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, MixMatchMusic assumes no responsibility for:
- Any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user postings or communications;
- The accuracy, integrity, completeness, or quality of any information, outputs or URLs available from or through the Site; rather, responsibility for verification resides with the user of the information, output, or URLs.
- Problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
- Injury or damage to users', members', or other persons' computers or networks resulting from participation in connection with the Site;
Under no circumstances will MixMatchMusic be responsible for any loss or damage incurred or resulting from anyone's use of the Site. THE SITE AND CONTENT ARE PROVIDED "AS-IS" AND MIXMATCHMUSIC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation on Liability
IN NO EVENT WILL MIXMATCHMUSIC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF $500, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF MIXMATCHMUSIC WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR.
You agree to defend, indemnify and hold MixMatchMusic and its affiliates, subsidiaries, and distribution partners and their respective officers, directors, employees, and agents harmless from and against any third party claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site or Content; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that the Site caused damage to a third party, including, without limitation, claims that your use of the Site is infringing.
Governing Law and Venue
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of California, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of California, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that MixMatchMusic may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com or through the "Feedback" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of MixMatchMusic and you hereby assign and agree to assign all rights, title, and interest you have in such Feedback to MixMatchMusic together with all intellectual property rights therein.
If you have questions about these Terms of Service please contact MixMatchMusic by emailing us at firstname.lastname@example.org.