TERMS AND CONDITIONS
The Burn Mixtape Terms and Conditions were last updated on August 5, 2018.
- USE OF CONTENT: The content, and the trademarks, service marks, and logos on the website, products, or services, are owned by or licenses to Burn Mixtape, subject to copyright and other intellectual property rights under the law. You may access content for your information and personal use solely as intended through the services provided. You may not copy, reproduce, distribute, transmit, broadcast, sell, license, or otherwise exploit any content for any other purpose without the prior written consent of Burn Mixtape or the licensor of the content.
You understand that when using the website, you will be exposed to content from a variety of sources, and that Burn Mixtape is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Burn Mixtape with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Burn Mixtape, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the website, products, or services.
- ACCOUNTS, PASSWORDS AND SECURITY: Certain features or services offered on or through the BurnMixtape.com may require you to open an account (including setting up an ID and password). You are solely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Burn Mixtape immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Burn Mixtape or any other user of or visitor to the website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the account holder. Burn Mixtape cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- YOUR CONTENT: As a Burn Mixtape user or account holder you may submit content, including videos and user comments. You understand that Burn Mixtape does not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to Burn Mixtape all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to such content for publication on the website pursuant to these Terms and Conditions.
For clarity, you retain all of your ownership rights in your content. However, by submitting content to Burn Mixtape, you hereby grant Burn Mixtape a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the website and Burn Mixtape’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the website a non-exclusive license to access your content through the website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under these Terms and Conditions. The above licenses granted by you when you submit audio or video content to the website terminate within a commercially reasonable time after you remove or delete your audio or video files from the website. You understand and agree, however, that Burn Mixtape may retain, but not display, distribute, or perform, server copies of your audio or video files that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that content you submit to the website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Burn Mixtape all of the license rights granted herein.
You further agree that you will not submit to the website any content or other material that is contrary to Burn Mixtape’s Terms and Conditions or contrary to applicable local, national, and international laws and regulations.
Burn Mixtape does not endorse any content submitted to the website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Burn Mixtape expressly disclaims any and all liability in connection with content.
BURN MIXTAPE DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. BURN MIXTAPE WILL REMOVE ALL CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS. BURN MIXTAPE RESERVES THE RIGHT TO REMOVE CONTENT WITHOUT PRIOR NOTICE.
7. INDEMNITY: BURN MIXTAPE IS NOT LIABLE FOR ANY USER’S OR ACCOUNT HOLDER’S VIOLATION OF ANOTHER’S INTELLECTUAL PROPERTY. YOU AGREE TO INDEMNIFY AND HOLD BURN MIXTAPE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST BURN MIXTAPE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES OR FOR VIOLATIONS OF ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.
8. PURCHASES: By purchasing Burn Mixtape’s services and products, you represent that you are of sufficient legal age to purchase and use the services and products Burn Mixtape provides.
- TERMINATION POLICY: Burn Mixtape will terminate a user’s access to the website if, under appropriate circumstances, the user is determined to be a repeat infringer. Burn Mixtape reserves the right to decide whether content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Burn Mixtape may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user’s access for submitting such material in violation of these Terms and Conditions.
- DIGITAL MILLENIUM COPYRIGHT ACT: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Burn Mixtape’s customer service at Contact@Burnmixtape.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- DMCA COUNTER-NOTICE: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Burn Mixtape may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Burn Mixtape’s sole discretion.