MixHaus Terms and Conditions
Thanks for using our products and services (“Services”). The Services are provided by New Music Engineering (“the Company”).
By using our Services, you are agreeing to these terms. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.newmusic.engineering/ website, and members site, operated by the Company ("us","we", or "our").
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer notice, and any or all Agreements: "Client", "You" and "Your" refer to you, the person accessing these services and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us" refer to our Company."Party", "Parties" or "Us" refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether through formal meetings of a fixed duration, or by any other means, with the express purpose of meeting the Client's needs in terms of providing the Company's declared services / products, in accordance with and subject to applicable US laws. Any use of the above terminology or other words in the singular, plural, capital letters and/or plural, and/or these terms, is considered interchangeable and therefore a reference to them.
Using our Services
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interfaces and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Privacy Statement
We are committed to protecting your privacy. The Company’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Company can use such data in accordance with our privacy policies.
Only authorized employees within the company, in the course of their duties, can access and use information collected from individual customers.
We are constantly reviewing our systems and data to ensure the best possible service to our customers. Government authorities have created specific offences for unauthorized actions against computer systems and data. We will investigate such actions with a view to bringing legal action and/or civil action for damages against those responsible.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit or debit card number or other banking information.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis.
Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
The Company gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the software provided to you by the Company as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Exclusions and Limitations
The information contained on this website is provided on an "as is" basis. To the fullest extent permitted by law, the Company:
- Excludes all representations and warranties with respect to this website and its content or that are or may be provided by affiliates or any other third party, including with respect to any inaccuracy or omission in this website and/or the Company's documentation; and
- Excludes any liability for damages arising out of or in connection with your use of this website. The Company, and the Company’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, punitive damages or damage caused to your computer, computer software, systems and programs and data relating thereto or any other direct or indirect, consequential or incidental damages.
Liability for our Services
To the extent permitted by law, the total liability of the Company, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.
In all cases, the Company, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Cancellation and Refund Policy
Customer may cancel the Services subject to a 72-hours notice of cancellation. Such notice shall be given by Customer via email, at [email protected], and will be confirmed by Company in writing.
Customer may only receive a refund for cancellations made up to fourteen (14) calendar days from the time service started. As a precondition to any refund, Customer must have participated in the program in good faith (i.e. mix submittals, participation in zoom meetings and/or review zoom session videos, etc.).
Company may cancel the service at their discretion upon 72-hours notification. In the event of a Company cancellation, Customer shall be refunded the unused portion of the service, on a pro rated basis.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
The Customer and the Company have the right to terminate any Service Agreement for any reason whatsoever, including the termination of services already in progress.
The Company may also stop providing Services to you or add or create new limits to our Services at any time.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive websites, this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The opinions expressed or materials appearing on these websites are not necessarily shared or endorsed by us and should not be considered as the publisher of such opinions or material. Please note that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.
You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. This company will not accept any liability for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Links to this website
You may not create a link to a page on this website without our prior written consent. If you link to any page on this website, you do so at your own risk and the exclusions and limitations set out above apply to your use of this website.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Non-Disclosure
Whereas New Music Engineering has developed a proprietary system which the Customer desires to access for instruction;
Now, therefore, in consideration of the mutual promises contained herein, the
Customer agrees as follows:
- Customer Participation and Instruction: In order for the Customer to receive instruction and participate on the New Music Engineering and MixHaus platforms, the Customer will have access to intellectual property and proprietary information of New Music Engineering and other third parties. In addition, Customer may load aspects of New Music Engineering’s or MixHaus’ proprietary system into the Customer's computer. The Customer acknowledges that they are being provided access to these platforms and any third-party intellectual property solely for their participation and instruction during the course of the program for which they have enrolled. The Customer acknowledges that system is a proprietary product of New Music Engineering. The Customer acknowledges they will not record (sound or screen,) or duplicate in any way, any aspect of the system or third party materials.
- Proprietary Rights: All applicable rights to patents, copyrights, trademarks and trade secrets of the system are retained exclusively by New Music Engineering, and the Customer shall acquire no rights or interests in the system, or any third party intellectual property, by virtue of their participation and instruction during the course of the program. The Customer acknowledges that the confidentiality of the system is essential to the business of New Music Engineering. The Customer hereby agrees not to disclose to any person whatsoever at any time during or after their use of the system any aspect of the system, including the algorithms contained therein, or to permit any person whatsoever to examine or make copies of any tracks, recordings, music, listings, files, object code, source code, training materials, live mix streaming videos or other information regarding or generated by the system which come into the Customer's possession or under the Customer's control by reason of their use of the system. The Customer acknowledges that disclosure of any information regarding the system will give rise to irreparable injury to New Music Engineering, inadequately compensable in damages. Accordingly, the Customer hereby consents to obtaining by New Music Engineering of injunctive relief against the breach or threatened breach of the undertakings of the Customer contained herein.
- Confidentiality: At the conclusion of the Customer’s enrolment in the program and use of the system, the Customer shall, and hereby agrees to, erase or destroy copies of the system, any portions thereof, or any information generated thereby, whether such be in electronic,magnetic, printed or other form, unless explicit instructed in writing. The Customer further agrees not to disclose any conversation, communication, work, music or recordings that they have encountered from other Customers or The Service. The Customer further agrees that it will not copy or permit to be copied any system backup routine or similar routines of the system. The Customer further agrees to take such steps as may be necessary or appropriate to maintain the confidentiality of the system during such time as the system may be evident on the Customer's computer equipment or otherwise in the control of the Customer, in a manner at least as secure as the Customer maintains its own most confidential information and data.
Representations and Warranties
The Company represents it is the owner of all right, title and interest, including copyright, in all the Licensed Materials, or has the authority to enter into this Agreement on behalf of the owner, that the Company has not granted any rights or licenses to the Licensed Materials that would conflict with the Customer’s obligations under this Agreement; that the Company will not enter into any agreement with any third party which would affect the Customer’s rights under this Agreement, or bind the Customer to any third party, without the Customer’s prior written consent; and, that the Customer’s use of the Licensed Materials as authorized by this Agreement will not infringe any existing copyright, trade secret, patent or trademark rights of any third party.
Authorized Uses
- The Customer may share their version of a mix on their personal mixing portfolio for Artist Tracks specified by the Company. In these cases, the Customer shall not misrepresent themselves as having a professional credit for Artist Tracks if that is not the case. The Customer shall only represent their mix of an Artist Track as an example of their own mixing work. Unless expressly authorized in writing, the Customer shall not post their mix of the Artist Track on their personal mixing reel or share anywhere outside of the Company’s platform or Services.
- The Company may share mixes Customer submits within the Service for advertising purposes (i.e. demonstrate the winning or final mix).
Unauthorized Uses
- The Customer shall not upload their mix of the Artist Track to any distribution service (i.e. DistroKid, Apple Music, Spotify, Tidal, etc).
- The Customer shall not share any version of the Artist Track prior to the Artist’s official release of the Artist Track.
- The Customer shall not share Artist Track stems downloaded from the Company’s Services with anyone including other Customers (for example, a Customer gaining access to the software in the most recent billing cycle shall not ask another Customer who was an active Customer in any previous program for Artist Track stems).
About these Terms
The Company reserves the right to modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Customer should look at the terms regularly. If a revision is material, Company will try to provide at least ten (10) business days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Company’s sole discretion.
Company will post notices of modifications to these terms on this page. Company will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than five (5) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If Customer does not agree to the modified terms for a Service, Customer may discontinue use of that Service.
If there is a conflict between these terms and the additional terms agreed to by the Parties, the additional terms will control for that conflict.
These terms control the relationship between the Company and Customer. They do not create any third-party beneficiary rights.
In the event any particular term herein is unenforceable, the remaining terms shall be unaffected.
The courts in some countries will not consider United States law regarding some types of disputes. Wherever United States law is inapplicable, that country’s laws shall apply for the resolution of such disputes.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].