PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: November 30th, 2016
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
3. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. For example, we may remove a feature that users don’t use very often. We will notify you of significant changes to the Services that may affect you by sending you an email or posting on the Services.
4. Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Mixtalker and are not barred from using the Services under applicable law.
To use certain features of the Services you may receive an invitation to create an account (“Account”. As part of the Account registration process, you may be requested to provide information about yourself in order to use the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. We may use the information you provide in addition to information about you that is publicly available on the Internet—such as posts on any third-party social networking service, such as Facebook or Twitter (each, an “SNS Account”), that the privacy settings on and terms governing our access to such SNS Account permit us to access—in order to auto-generate parts of your Account profile. As noted below, you can terminate your Account at any time.
Certain features of the Services may permit or require you to link your Account with one or more SNS Accounts. If you do so, the Services will provide you with the functionality permitted by the settings on such SNS Account.
You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Individuals who create an Account for the Services or not (which include you and third party Account holders) are collectively referred to as “Users” throughout these Terms.
6. Mixtalker Website
Mixtalker Website enables Users to submit URL’s publicly through the Services. Any such content that you or other Users post on the Mixtalker Website is called “Website Content.”
6.2. Website Content Permissions
You understand and agree that your Account profile page and your Website Content will be publicly visible to Users and other visitors to the Site. Mixtalker needs your permission to host your Website Content and make it available through the Services to you, other Users and other visitors to the Site, so by making any Website Content available through Mixtalker Website you grant to Mixtalker, or permit Mixtalker to grant other Users, the rights and licenses necessary to make your Website Content available to you, other Users and other visitors to the Site, including the right to copy, modify (for formatting purposes only) and distribute copies of your Website Content in connection with operating and providing the Services, including, but not limited to, posting your Website Content on Mixtalker’ SNS Accounts.
7. Data Maintenance and Backup Procedures.
In the event of any loss or corruption of any data associated with the Services, Mixtalker will use reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Mixtalker. Except for the foregoing, Mixtalker will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any such data.
8.1. Content Ownership
Mixtalker does not claim any ownership rights in any Website Content (“User Content”) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Mixtalker and its licensors (including other Users) exclusively own all right, title and interest in and to the Services and any text, graphics, images, works of authorship of any kind, and information or other materials created by or licensed to Mixtalker to be made available through the Services (“MT Content”), including all associated intellectual property rights. MT Content may include original content created by Mixtalker for Mixtalker Website, such as blog posts or public projects. You acknowledge that the Services, MT Content and User Content are protected by copyright, trademark, and other laws of the Portugal and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, MT Content or User Content. MT Content does not include User Content.
8.2. Your Representations and Warranties
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mixtalker on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Content that makes you personally identifiable.
8.3. No Endorsements
By operating the Services, Mixtalker does not represent or imply that it endorses the User Content, or that it believes it to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. User Content may be offensive, indecent, or otherwise objectionable, as well as may contain technical inaccuracies, typographical mistakes, and other errors. User Content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mixtalker disclaims any responsibility for any harm resulting from the use of the Services, or from any User Content.
8.4. Deleting Content
You can remove certain User Content by emailing us at [email protected]. However, some of your User Content (including, without limitation, posts or comments that have been made on Mixtalker Website) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 13 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9. Publicity and Feedback
You agree that Mixtalker may identify you or your company and use your company’s logo on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Mixtalker or the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
10. General Prohibitions and Mixtalker’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, Mixtalker’s name, any Mixtalker trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mixtalker’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Mixtalker’s computer systems, or the technical delivery systems of Mixtalker’s providers;
- Attempt to probe, scan or test the vulnerability of any Mixtalker system or website or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mixtalker or any of Mixtalker’s providers or any other third party (including another user) to protect the Services or User Content;
- Attempt to access or search the Services or User Content or download User Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mixtalker or other generally available third-party web browsers;
- Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation in violation of any applicable law or regulation;
- Use any meta tags or other hidden text or metadata utilizing a Mixtalker trademark, logo URL or product name without Mixtalker’s express written consent;
- Use the Services or User Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or website, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
If you believe that User Content residing or accessible on or through the Services infringes a copyright, you may send a notice of copyright infringement containing the following information to [email protected].
12. Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. Paid Subscription and Demand Services
Certain portions or features of the Sites or Services may only be made available on paid subscription-basis and by demand (“Paid Services”). Mixtalker reserves the right, to be exercised in its sole discretion, to convert any free portion or feature of the Sites or Services that it may make available from time to time, into a Paid Service, or vice versa. In addition to the terms and conditions provided in these Terms, Paid Services will be governed by the following:
(a) Paid Subscription and Demand
In order to demand or subscribe for a Paid Service, you must submit a valid User Information and provide current, valid and supported billing and payment information (“Payment Information”) to Mixtalker. A Paid Service will not be activated until your Payment Information is validated and Mixtalker receives payment for the Paid Service. In addition, you agree to maintain current, valid and supported Payment Information with Mixtalker. You may update your billing and payment information by sending an email to [email protected] (we only update your billing and payment information if you send the old billing and payment information correctly). Currently, Mixtalker supported payment methods are MasterCard, Visa, American Express and Paypal. Payments will be charged in U.S. dollars. Mixtalker reserves the right to modify its supported payment methods at any time at its sole discretion. Mixtalker will endeavor to provide you with at least 30 days notice of any change to supported payment methods that will require a change to your Payment Information in order to continue receiving a Paid Service.
All Paid Services have to be paid in advance. To request for a Paid Service, you represent that you are authorized to use the Payment Information that you have provided to Mixtalker, and you authorize Mixtalker to charge the Applicable Fees (“Applicable Fee”) and all Applicable Taxes (defined below) associated with the Paid Service using your Payment Information. Applicable Fees and Applicable Taxes are due, and will be charged using your Payment Information, in advance, at the time of purchase and on a recurring basis near the beginning of each payment period (“Payment Period”) as selected or required with the Paid Service. Unless specifically specified otherwise, all subscriptions for Paid Services will automatically renew for successive Payment Periods upon the expiration of each Payment Period unless canceled by you or terminated/discontinued by Mixtalker in accordance with these Terms.
Applicable Fees are exclusive of, and you shall be responsible for, all taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency in connection with the Paid Services (“Applicable Taxes”), including, without limitation, any federal, provincial, state and local sales, use, goods and services, value-added and personal property taxes on any payments due to Mixtalker in connection with the Paid Services, except for tax based solely on the net income of Mixtalker. If Mixtalker is required to pay any Applicable Taxes in connection with any Paid Services that you have demanded or subscribed to, you authorize Mixtalker to charge those Applicable Taxes using your Payment Information.
(c) Modification of Paid Service/Applicable Fees by Mixtalker
Mixtalker reserves the right to modify the Paid Services and Applicable Fees from time to time at its sole discretion. Mixtalker will provide you with notice (“Change Notice”) of any material modifications to a Paid Service or associated Applicable Fee for which you have demanded or subscribed by sending an email to the email address that you have submitted your User Information. If you do not cancel your Paid Services within 30 days from the date of the Change Notice, you will be deemed to have irrevocably accepted the modifications to the Paid Services and Applicable Fees identified in the Change Notice.
(d) Cancellation, Upgrade or Downgrade of Paid Service by You
Your subscription and obligation to pay for a subscribed Paid Service will continue indefinitely until canceled by you or terminated/discontinued by Mixtalker. For some Paid Services, you may entitle to upgrade or downgrade the Paid Service to the extent and on the terms permitted by Mixtalker from time to time. By upgrading or downgrading a Paid Service, you authorize Mixtalker to charge any associated changes to the Applicable Fee in accordance with the payment terms for Applicable Fees and Applicable Taxes described above.
The cancellation, upgrade or downgrade of a Paid Service may be requested by sending an email to [email protected] (we only cancel, upgrade or downgrade your Paid Service if you send your User Information, billing and payment information correctly), however, you acknowledge that such cancellation, upgrade or downgrade may not be effective for up to 5 business days after receipt of such request by Mixtalker. Accordingly, in order to avoid being charged the then-current Applicable Fee for a Paid Service for the next Payment Period, you must cancel, upgrade or downgrade the Paid Service at least 5 business days prior to the start of the next Payment Period. UPON CANCELLATION, UPGRADE OR DOWNGRADE OF A PAID SERVICE BY YOU, OR UPON TERMINATION/DISCONTINUANCE OF A PAID SERVICE BY Mixtalker, YOU WILL NOT BE REFUNDED OR PROVIDED CREDIT FOR SUBSCRIPTION FEES OR APPLICABLE TAXES FOR ANY REMAINING PORTION OF THE CURRENT PAYMENT PERIOD OR FOR ANY CHANGE TO THE APPLICABLE FEES OR APPLICABLE TAXES RESULTING FROM AN UPGRADE OR DOWNGRADE OF THE PAID SERVICE.
You acknowledge and agree that Mixtalker that upon cancellation of a Paid Service, Mixtalker is entitled to immediately deactivate or delete your User Information, User Account and any User Content associated with the Paid Service.
(e) Effects of Cancellation
In event of cancellation by You:
Music Production and Remixing:
1. you shall not be entitled to exploit any master recordings delivered by Mixtalker whatsoever;
2. you will not have and must not claim ownership of the master recording;
iii. any and all material received to date from Mixtalker must be deleted and is not permitted to be used by You;
1. any and all material received to date by Mixtalker from you becomes unavailable to you; and
2. you are prohibited from publicizing that the production is made by or in any manner connected to Mixtalker.
Audio Mixing, Audio Mastering, Audio Restoration and Sound Design.
1. you lose the right to use the track with the alternations made by Mixtalker;
2. any and all material received to date from Mixtalker must be deleted and is not permitted to be used by you;
iii. any and all material received to date by Mixtalker from you becomes unavailable to you; and
1. you are prohibited from publicizing that the production is made by or in any manner connected to Mixtalker
2. Your Representations and Warranties.
You represent and warrant to us that:
1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party.
3. You have sufficient right, title, and interest in and to the rights granted to us in this agreement and in any material you supply to us in connection with a project or otherwise.
4. All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
(f) Turnaround time
The turnaround time is 3-4 Weeks from order completion and receiving your files for Music Production and Remixing.
Our turnaround time is 15-30 Days from order completion and receiving your files for Audio Mixing.
The turnaround time is 5-7 Days from order completion and receiving your files for Audio Mastering & Restoration.
The turnaround time for Sound Design is negotiable.
You may short the turnaround time by purchasing an additional Option ‘Fast Delivery’.
We offer one free modification for each service you order. Additional modifications are $39 each.
A modification defined as change of the final work
In addition, when the requested modification is more labor intensive, we reserve the right to charge more to perform it.
Modification requests must be provided within two weeks from receiving our final work. You may extend the modification requests by purchasing an additional Option ‘Unlimited Revisions’.
(h) Refund policy
We offer one free modification and we have unlimited revisions for only $79. If for whatever reason you aren’t satisfied with the result, we will refund the money of the respective track/work. If you have a subscription service, we will renew your number of projects.
If your order includes several services for a song and you decide to terminate the process, you’ll get a full refund for the services you didn’t approve.
The money back guarantee is valid for 30 days from the date of purchase.
(i) Your Warranty to Us:
You are the rightful owner of the Master Recording and/or Composition and all elements contained therein and warrants that it does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If you are not the rightful owner than you need to warrant to Mixtalker, the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the Master Recording and/or Composition. You agree to indemnify Mixtalker, its agents or assignees and hold them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and court costs, arising out of any failure or breach by Customer with respect to its warranties as set forth in this Agreement.
Mixtalker, only maintains your works/tracks for a period of twelve months following the completion of each project. It is your responsibility to purchase, download and store the source tracks of the master within that time period. You may extend the storage period by purchasing a ‘song storage plan’.
Mixtalker is not responsible for loss or damages caused by using its services.
Mixtalker reserves the right to refuse service at its discretion and/or terminate service at any time.
(l) Refusing content
We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide services for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.
You are fully responsible for the provision, exploitation, maintenance and use of all content, provided by you, including, but not limited to, issues related to:
correspondence of your content to provisions of laws about copyright protection of all applicable jurisdictions;
any claims, related to the content;
immediate reaction for notices to you (or affiliated persons) by any person, claiming that your content is infringing the rights of such person.
You shall indemnify and hold Mixtalker, its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
(m) Delivery of the services
Start date: Mixtalker will start providing services on the agreed date depending on your project request.
Completion date: The completion date will be provided to you after a Project Manager or Customer Support representative from Mixtalker reviews all the files and details of the project. Our team works from 9:00 to 18:00 HS from Monday to Friday in the GMT +00.00 Time Zone, you should expect your project to be delivered during that time-frame.
Delays: While we aim to deliver all our projects on time, if unforeseen circumstances delays may occur on the delivery times advertised. You are not entitled to make any further claims against Mixtalker.
Format of project delivery: Mixtalker shall provide the completed service in form of a .zip file upon completion of the project. In the case that you have requested some other specific form of delivery, Mixtalker will comply with this request if agreed on the project specifications that will be taken as a request.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. If we terminate your access to and use of the Services due to your breach of these Terms, you will not receive a refund for any partial-term cancellation or termination. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Section 6.2 (Website Content Permissions), Section 8 (Content), Section 9 (Feedback), Section 10 (General Prohibitions and Mixtalker’s Enforcement Rights), Section 12 (Copyright), Section 12 (Links to Third Party Websites or Resources), Section 13 (Paid Subscription and Demand Services), Section 14 (Termination), Section 15 (Warranty Disclaimers), Section 16 (Indemnity), Section 17 (Limitation of Liability), Section 18 (Choice of Law), and Section 20 (General Terms).
15. Warranty Disclaimers
The Services are provided “AS IS,” without warranty of any kind, EXPRESS, STATUTORY OR IMPLIED. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify, defend and hold harmless Mixtalker and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
17. Limitation of Liability
NEITHER Mixtalker NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with THESE TERMS or from the use OF or inability to use the Services, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not MIXTALKER has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will Mixtalker’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services EXCEED THE AMOUNTS YOU HAVE PAID TO MIXTALKER FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MIXTALKER, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MIXTALKER AND YOU.
18. Choice of Law
The Terms and Conditions and the use of the Service are subject to and will be interpreted according to the Portuguese law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Lisboa, Portugal, to the exclusion of any other courts without giving effect to its conflict of laws provisions or User’s actual country of residence.
19. Affiliate Disclosure
Mixtalker may receive compensation for recommendations made in reference to the products or services on this Site.
This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by Mixtalker, it is understood that some form of compensation might be made to the Mixtalker. For example, if you click on an affiliate link at Mixtalker and then make a purchase of the recommended product or service, Mixtalker may receive compensation.
This Compensation Disclosure has been provided for your protection and to fully disclose any relationship between Mixtalker product or service recommendations and the owners of those product or services.
20. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Mixtalker and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mixtalker and you regarding the Services and Content. You may not assign or transfer these Terms, by operation of law or otherwise, without Mixtalker’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mixtalker may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Mixtalker under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Mixtalker’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mixtalker. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
21. Contact Information
If you have any questions about these Terms or the Services, please contact Mixtalker at [email protected].