Welcome to the My Mixtape mobile application (“the App”) which is owned and operated by Blue Collar Tech Pty Ltd ("My Mixtape" “us/we/our”).
My Mixtape offers Users a platform to participate in an online forum to listen, discuss and interact with like-minded music fans. My Mixtape allows Users to access and share interactive statistics about their streaming history from Music Streaming Services such as Spotify, Apple Music and other online Music Streaming Services that may be added to the platform. When the User logs into the service, the user will be able to access Music Streaming Services to which the User has subscribed and broadcast music in real time (“the Service”).
Please read these Terms of Use carefully. By accessing or using My Mixtape, you become a User (as defined herein) and you agree to be bound by these Terms of Use and our Privacy Policy located here.
We reserve the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand its Services available via My Mixtape, without giving prior notice to Users. It is your responsibility to check the Terms of Use each time you use My Mixtape.
For the purpose of these Terms of Use the following definitions apply:
My Mixtape is provided on an "as is" basis and without representations or warranties of any kind to its Users, whether express or implied, including without limitation as to the quality and/or fitness of My Mixtape for a particular use, accessibility or warranties that access to or use of My Mixtape will be uninterrupted or error-free. We do not represent that My Mixtape will be secure or free of viruses or other harmful material or elements, or that any My Mixtape Materials will be correct, accurate, timely or complete.
We have no liability for consequential loss, or for other damages of any kind, however caused, arising in any way out of or in connection with My Mixtape including but not limited to any loss or damage arising from any errors and/or representations directly made to the User in connection with using the service.
My Mixtape Parties make no warranties or representations about the service and any content available on or through the Service, including but not limited to, the accuracy, timeliness or reliability thereof. My Mixtape will not be liable for the accuracy of any content or any other information conveyed to any User, or for any errors or omissions, or for any delays or interruptions of the data. You agree to use the Service and any content that is connected to the Service at your own risk.
The My Mixtape platform includes all My Mixtape Materials, which are owned by, controlled by, or licensed to us. All rights are reserved. No My Mixtape Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without our prior written consent.
My Mixtape grants you with a limited, non-exclusive, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. You may access and download the App via the Apple App Store or the Google Play Store.
My Mixtape offers Users to use the Service to create User Content for the purposes of posting to or through the Service. My Mixtape does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. My Mixtape has the right in its sole discretion to refuse or delete any User Content that it reasonably believes to violate this Terms of Use or be otherwise illegal or inappropriate. My Mixtape does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will My Mixtape be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted to or through the Service. You agree that you will not hold My Mixtape responsible for any misuse of the App or the Service by Users.
You retain ownership of any rights you may have in your User Content and submitting your User Content to the Service does not transfer ownership of your rights to My Mixtape.
You hereby grant My Mixtape an unrestricted, assignable, sublicensable, irrevocable, perpetual, royalty-free license to reproduce, distribute, publicly display, communicate to the public, publicly perform, make available, create derivative works from and otherwise exploit and use all User Content that you post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purposes of advertising, marketing, and promoting My Mixtape and the Service, and providing and improving the Service.
You hereby grant Users a non-exclusive license to access and use that User Content as permitted by this Terms of Use.
You must not post any User Content to the Service if you are not the copyright owner of, or are not fully authorised to grant rights in, all of the elements of the User Content you intend to Post to the Service. You represent and warrant that:
By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof.
For the avoidance of doubt, My Mixtape will not be liable for any unauthorised use of User Content by any other user or third party.
You indemnify My Mixtape Parties against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Terms of Use or your access to, use or misuse of the My Mixtape Content or Service in a manner not authorised under this Terms of Use. My Mixtape will provide notice to you of any such claim, suit, or proceeding. My Mixtape reserves the right to assume the exclusive defence and control of any matter which any reasonable requests assisting My Mixtape’s defence of such matter.
Should We, in our sole discretion, determine that you have breached this Agreement, then nothing herein shall prevent or in any way restrict our right to pursue any legal and/or other remedies, including, without limitation, court action.
The service provided by My Mixtape may allow you to access External Services. All content available on or through any External Services is not provided to you by My Mixtape.
My Mixtape confirms that we do not we do not review, edit, curate or endorse such content, or make any representations or warranties regarding such content. Moreover, if you decide to access any External Services through the Service, then you do so at your own sole risk, and must comply with any terms imposed by any such External Services.
My Mixtape is not responsible for the content of any External Services and does not make any representations regarding the content or accuracy of any material on such External Services. If you decide to access ay External Services, you do so at your own sole risk.
My Mixtape makes no representation to the relationship between any External Services, nor the ability for the Users to use, access and/or connect any External Services to their My Mixtape account. If you decide to connect any External Services to your My Mixtape account, you do so at your own sole risk.
Protecting the privacy of young children is especially important. Our services are not directed to persons under 18 unless parental consent has been given. For that reason, My Mixtape does not knowingly collect or solicit personal information from anyone under the age of 15 or knowingly allow such persons to register as Members. If you are under 15, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 15 is allowed to provide any personal information to or on My Mixtape. In the event that we learn that we have collected personal information from a child under age 15, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 15, please contact us at [email protected].