Welcome to RemixAmerica!
Your relationship with RemixAmerica.org
Your use of RemixAmerica.org’s (“Remix”) products, software, services and websites (referred to collectively as the “Website” in this document and excluding any services provided to you by Remix under a separate written agreement) is subject to the terms of a legal agreement between you and Remix. “Remix” means RemixAmerica.org, whose principal place of business is at 100 North Crescent Drive, Suite 200, Beverly Hills, CA 90210, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Remix, your agreement with Remix will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
Your agreement with Remix will also include the terms of any Legal Notices applicable to the Website, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Remix in relation to your use of the Website. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Website, you must first agree to the Terms. You may not use the Website if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made available to you by Remix in the user interface for any Service; or
by actually using the Website. In this case, you understand and agree that Remix will treat your use of the Website as acceptance of the Terms from that point onwards.
You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with Remix, or (b) you are a person barred from receiving the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the Universal Terms for your records.
Provision of the Website by Remix
Remix is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Website which Remix provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Remix may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally at Remix’s sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to specifically inform Remix when you stop using the Website.
You acknowledge and agree that if Remix disables access to your account, you may be prevented from accessing the Website, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Remix may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Website or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Remix at any time, at Remix’s discretion.
Use of the Website by You
In order to access certain Services within the Website, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Website. You agree that any registration information you give to Remix will always be accurate, correct and up to date.
You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Remix, unless you have been specifically allowed to do so in a separate agreement with Remix. You specifically agree not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Website. Remix grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Remix reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). You agree not to alter or modify any part of the Website.
Unless you have been specifically permitted to do so in a separate agreement with Remix, and except as provided in Section 7 below, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose.
You agree that you are solely responsible for (and that Remix has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Remix may suffer) of any such breach.
You agree not to use the Website for any commercial use. Prohibited commercial uses include any of the following actions:
sale of access to the Website on another website;
use of the Website for the primary purpose of gaining advertising or subscription revenue;
advertising products or services on the Website, except as provided below; and
the sale of advertising on the Website;
Prohibited commercial uses do not include:
uploading an original video to Remix with the primary purpose of promoting your business or artistic enterprise;
using the Embeddable Player to show content from Remix on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue.
If you use the Embeddable Player on your website, you must include a prominent link back to the Remix website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website.
Accordingly, you agree that you will be solely responsible to Remix for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Remix immediately at.
Privacy and your personal information
You agree to the use of your data in accordance with Remix’s privacy policies.
Your Use of Content in the Website
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. Remix users may submit to Remix audio video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Content.”
You should be aware that Content presented to you as part of the Website may be protected by intellectual property rights which are owned by the persons who provide that Content to Remix (or by other persons). Although Remix users who submit Content to the Website agree to make that Content available to other users pursuant to a Creative Commons Attribution-Share Alike (or equivalent) license, and warrant that they have the right to make such a license, Remix cannot guarantee that a user in fact has the right to make such a license. Therefore, you use such Content at your own risk.
You agree to access and use Content solely:
for your information and personal use;
as intended through the normal functionality of the Website;
for remixes and other uses consistent with fair use and a Creative Commons Attribution-Share Alike (or equivalent) license; and
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User videos for any purpose or in any manner other than Streaming is expressly prohibited. User videos are made available “as is.”
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that by using the Website, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk. Remix does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Remix expressly disclaims any and all liability in connection to all Content, including User Content.
Your Submission of Content
As noted above, you may submit audio-video content (“User Videos”) and textual content (“User Comments”) to Remix. User Videos and User Comments are collectively referred to as “User Content.”
Remix reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, including User Content, from any Service, without prior notice. Remix does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Remix will remove all Content, including User Content, in accordance with the copyright policy discussed below. Upon receiving notice from users and conducting its own review, Remix will also remove material it deems inappropriate, including pornography and sexually explicit conduct; animal abuse, drug abuse, or bomb making; graphic or gratuitous violence; hate speech or defamation; and predatory behavior, stalking, threats, harassment, invading privacy, or revealing personal information;
You agree that you are solely responsible for (and that Remix has no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage which Remix may suffer) by doing so.
You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Website. By submitting, posting or displaying the content you give Remix a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content which you submit, post or display on or through, the Website. This license is for the sole purpose of enabling Remix to display, distribute and promote the Website.
You understand that Remix, in performing the required technical steps to provide the Website to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Remix to take these actions.
You confirm and warrant to Remix that you have all the rights, power and authority necessary to grant the above license.
In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner to post the material, or have other legal authorization (such as fair use). You also agree that you will not submit material that is inappropriate, as defined in section 8.2 above.
You agree that all User Content you submit to Remix is available to the public under a Creative Commons Attribution-Share Alike (or equivalent) license. You further agree that by submitting User Content to Remix, the User Content is available to the public under a Creative Commons Attribution-Share Alike (or equivalent) license.
You acknowledge and agree that Remix (or Remix’s licensors) own all legal right, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Website may contain information which is designated confidential by Remix and that you shall not disclose such information without Remix’s prior written consent.
Unless you have agreed otherwise in writing with Remix, nothing in the Terms gives you a right to use any of Remix’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Remix, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
Other than the license set forth in Section 8, Remix acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you submit, post, transmit or display on, or through, the Website, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Remix, you agree that you are responsible for protecting and enforcing those rights and that Remix has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.
Unless you have been expressly authorized to do so in writing by Remix, you agree that in using the Website, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Remix
Remix gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Remix as part of the Website (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Remix, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Remix, in writing.
Unless Remix has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software which you use may automatically download and install updates from time to time from Remix. These updates are designed to improve, enhance and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Remix to deliver these to you) as part of your use of the Website.
Ending your relationship with Remix
The Terms will continue to apply until terminated by either you or Remix as set out below.
If you want to terminate your legal agreement with Remix, you may do so by (a) notifying Remix at any time and (b) closing your accounts for all of the Website which you use, where Remix has made this option available to you. Your notice should be sent, in writing, to Remix’s address which is set out at the beginning of these Terms.
Remix may at any time terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Remix is required to do so by law (for example, where the provision of the Website to you is, or becomes, unlawful); or
the partner with whom Remix offered the Website to you has terminated its relationship with Remix or ceased to offer the Website to you; or
Remix is transitioning to no longer providing the Website to users in the country in which you are resident or from which you use the Website; or
the provision of the Website to you by Remix is, in Remix’s opinion, no longer economically viable.
Nothing in this Section shall affect Remix’s rights regarding provision of Website under Section 3 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Remix have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT REMIX’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, REMIX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REMIX OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
REMIX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REMIX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY CHANGES WHICH REMIX MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
YOUR FAILURE TO PROVIDE REMIX WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON REMIX’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT REMIX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
It is Remix’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
It is Remix’s policy to respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Remix as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. Remix’s designated agent for receipt of receiving notifications of claimed infringement is:
100 North Crescent Drive, Suite 200
Beverly Hills, CA 90210
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the affected content so that he/she may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at
Infringement Notification. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is “Interfaces on Trial” by Jonathan Band, published by Westview Press, ISBN #0-8133-8902-X”).
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You should provide the specific URL where the allegedly infringing material can be found on the Remix website.
Provide information reasonably sufficient to permit Remix to contact you (email address is preferred).
Provide information, if possible, sufficient to permit Remix to notify the provider of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the written communication to the following address:
100 North Crescent Drive, Suite 200
Beverly Hills, CA 90210
OR fax to: 1-310-861-0251
(310), Attn: Fred Graver, DMCA Complaints
Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Counter Notification. The provider of affected content may make a counter notification pursuant to 17 U.S.C. ß 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at htto://www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs or other unique identifying information of material that Remix has removed or to which Remix has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
Sign the paper.
Send the written communication to the following address:
100 North Crescent Drive, Suite 200
Beverly Hills, CA 90210,
OR fax to: 1-310-861-0251
(310) , Attn: Fred Graver, DMCA Complaints
Account Termination. Many Remix Services do not have account holders or subscribers. For Services that do, Remix will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Remix and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
The Website may include hyperlinks to other web sites or content or resources. Remix may have no control over any websites or resources which are provided by companies or persons other than Remix.
You acknowledge and agree that Remix is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that Remix is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
Remix may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Remix will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Website after the date on which the Universal Terms or Additional Terms have changed, Remix will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when you use the Website, you may (as a result of, or through your use of the Website) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Remix and govern your use of the Website (but excluding any services which Remix may provide to you under a separate written agreement), and completely replace any prior agreements between you and Remix in relation to the Website.
You agree that Remix may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
You agree that if Remix does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Remix has the benefit of under any applicable law), this will not be taken to be a formal waiver of Remix’s rights and that those rights or remedies will still be available to Remix.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Remix is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Remix under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Remix agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Remix shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.