Terms & Conditions
mixtheband Terms & Conditions
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Terms & Conditions

WEBSITE INTRODUCTION - January 2010
WELCOME TO THE “MIX THE BAND.COM (A division of Mix The Sound) WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.mixtheband.com.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
MTB reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Website by any person, please contact the Website Administrator with your concerns at: info@mixthesound.com
The www.mixtheband.com website is operated by: Mix The Sound
Mix The Band (MTB) is a division of Mix The Sound
General email: info@mixtheband.com

1.1 You will be able to access most areas of this Website without registering your details with us.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

2
ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.
2.2 Our acceptance of an order takes place when you place the order. When you download the order the purchase contract will be made and your payment will processed immediately.
2.3 We may refuse to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.

3
PRICING
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Our prices are reviewed periodically and the next review will be on
01/06/2010.

4
CANCELLATION AND RETURNS POLICY

4.1 Subject to you having not downloaded the Tech Sheet/s, you have the right to cancel your order. Should you wish to cancel your order, you must notify MTB of your intention to do so, by email, within 7 days of the order. Upon receiving such notice, MTB will credit your credit or debit card with the sum paid for the Tech Sheet/s.
4.2 Downloaded Tech Sheets are non-refundable. Once you have paid, should you experience technical difficulty in downloading a Tech Sheet/s please notify MTB at:
info@mixtheband.com MTB will endeavour to resolve the difficulty within 7 business days subject to circumstances.
The provisions of this clause 4.2 do not affect your statutory rights.

5
COPYRIGHT
All content published on this website and the tech sheets available on this site are protected by international trademark and copyright laws.
5.1 This website is owned and operated by Mix The Band (“a division of Mix the Sound”) and the information and materials appearing on the website (“the Content”). None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of individual Tech Sheet/s from the Website on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.

5.2 The reproduction, duplication, distribution (including by way of e- mail, facsimile or other electronic means), publication, modification, copying or transmission of the materials published on this website is STRICTLY PROHIBITED unless you have obtained the prior written consent of MTB or unless it is expressly permitted by this website. The material covered by this prohibition includes, without limitation, any text, graphics, visuals, logos, photographs, audio or video material or stills from audiovisual material available on this website and the selection and arrangement thereof) is the property of Mix The Band (“a division of Mix The Sound”) and is protected by international copyright laws. The use of materials from this website on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this website can be made by contacting MTB by email at: info@mixtheband.com

5.3 You are also strictly prohibited from creating works or materials that derive from or are based on the materials published on this website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

6
MIX THE BAND DIGITAL CONTENT LICENSE
6.1 When you “Accept” or otherwise “download” (referred to herein, collectively as “Download”) Content from the Mix the Band Website grants you a limited, revocable, non-exclusive, nontransferable license to download our documents, such Digital Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Digital Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Digital Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Digital Content or attempt to do so; or (B) modify the Digital Content or create any derivative works there from. This license to the Digital Content you Download will continue for as long as your copy of Digital Content exists pursuant to and in accordance with the terms and conditions of the Agreement. In accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

7
WEBSITE ACCESS LICENSE
7.1 Mix The Band (a division of Mix The Sound) grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Mix The Sound Website and not to download. This license does not include any resale or commercial use of the Mix The Band Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Mix The Band Website or its contents; any downloading or copying for the benefit of another merchant. The Mix The Band Website and/or any portion of the Mix The Band Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. Any trademark, logo or other proprietary information (including images, text, page layout or form) of Mix The Band Website, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Mix The Band Website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Mix The Band logo or other proprietary graphic or trademark as part of the link without express written permission.
  • 8 SECURITY, CRACKING & HACKING
8.1 You shall not violate or attempt to violate the security of the Mix The Band Service. Accordingly, you shall not: (i) access data or materials not intended for you, without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Mix The Sound Website.

9 VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which is covered under the Privacy Policy (See our Privacy Policy)
any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

10
LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Mix the Band logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Mix the Band trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.

11
REGISTRATION
11.1 To register with www.mixtheband.com you must be over eighteen years of age.
11.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12
DISCLAIMER
12.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13
LIABILITY
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14
GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15
MISCELLANEOUS
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.