TERMS OF SERVICE
By utilizing our site, you agree to the terms of service. Please familiarize yourself with our policy.
Mixing Night Audio Terms of Service
Last updated: July 1, 2021
If you do not agree to be bound by these Terms of Service and to follow all applicable laws, you should leave the MixingNightAudio.com site immediately.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, as well as the name Ken Lewis, Mixing Night Audio (or Mixing Night), and the domain mixingnightaudio.com, is the property of Mixing Night Audio Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Mixing Night Audio grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the GreenHAAS plugin (hereafter referred to as “the software”) strictly in accordance with these terms of service. As a condition of your use of the Site and the software, you warrant to Mixing Night Audio that you will not use the Site or the software for any purpose that is unlawful or prohibited by these Terms. You will use protected content solely for your personal use, and will make no other use of the content except as we (Mixing Night Audio) otherwise expressly authorize in or by separate agreement. You may use the software on only one computer at a time. You may NOT:
- Access, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- Alter, modify, publish, transmit, rent, lease, sub-license, loan, or grant other rights in all or any portion of the software (or any copy) to others, participate in the transfer or sale, distribute or in any way exploit or make copies of any of the content including the software (or any copy) and the user manual, in whole or in part, found on the Site, or make verbal or media translations, adaptations, derivative works, or telecommunication data transmission of the software without prior written authorization of Mixing Night Audio;
- Reverse engineer, disassemble, decompile or otherwise attempt to discover any source code of the content or the software (or any copy), sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property;
- Damage, disable, overburden, impair, interfere or attempt to interfere with the proper working of the Site or the software or interfere with any other party’s use and enjoyment of the Site or the software;
- Use commercially the MixingNightAudio.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Mixing Night Audio);
- Make any unauthorized use of any protected content, and in particular, not to delete or to alter any proprietary rights or attribution notices in any content;
- Copy or download any User’s account or profile information for the benefit of any third party;
- Enable high volume, automated, electronic processes that apply to MixingNightAudio.com Site or its systems or software, or the Content or any portion or derivative thereof;
- Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Mixing Night Audio.com Site or its systems or software, or the Content or any portion or derivative thereof for any purpose;
- Bypass any measures used by Mixing Night Audio to prevent or restrict access to any portion of the Site, software, or Content or any portion or derivative thereof;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mixing Night Audio;
- Utilize the Mixing Night Audio name, trademarks, or logos in any meta tags or any other “hidden text” or;
- Compile, repackage, disseminate or otherwise use data extracted from the MixingNightAudio.com Site.
You agree that you do not have any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mixing Night Audio or our licensors except as expressly authorized by these Terms. Any unauthorized use of the Mixing Night Audio.com Site, software or the Content or any portion or derivative thereof shall terminate any license or permission granted by Mixing Night Audio.
Visiting MixingNightAudio.com or sending emails to Mixing Night constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mixing Night Audio is not responsible for third party access to your account that results from theft or misappropriation of your account. Mixing Night Audio and it’s associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Mixing Night Audio does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MixingNightAudio.com only with permission of a parent or guardian.
We have a 14 day free trial and if you cancel before the end of the 14 days, you will not be charged. Otherwise, we do not offer refunds on downloaded products.
MixingNightAudio.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mixing Night Audio and Mixing Night Audio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mixing Night Audio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mixing Night Audio of the site or any association with its operators.
Certain services made available via MixingNightAudio.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the MixingNightAudio.com domain, you hereby acknowledge and consent that Mixing Night Audio may share such information and data with any third party with whom Mixing Night Audio has a contractual relationship to provide the requested product, service or functionality on behalf of MixingNightAudio.com users and customers.
The Service is controlled, operated and administered by Mixing Night Audio Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mixing Night Audio Content accessed through MixingNightAudio.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIXING NIGHT AUDIO INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MIXING NIGHT AUDIO INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS AND GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS AND GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MIXING NIGHT AUDIO INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify, defend and hold harmless Mixing Night Audio Inc, Ken Lewis, the Website, its officers, directors, employees, agents, related entities, shareholders, partners, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, services or products, any user postings, questions, comments, letters, messages or requests made by you that you submit, post, transmit or otherwise make available through the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mixing Night Audio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mixing Night Audio in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mixing Night Audio agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Mixing Night Audio reserves the right, in its sole discretion, to issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the MixingNightAudio.com Site and the related products or services at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mixing Night Audio as a result of this agreement or use of the Site. Mixing Night Audio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mixing Night’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mixing Night Audio with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mixing Night Audio with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mixing Night Audio with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Mixing Night Audio reserves the right, in its sole discretion, to change the Terms under which Mixing Night Audio.com is offered. The most current version of the Terms will supersede all previous versions. Mixing Night encourages you to periodically review the Terms to stay informed of our updates.
Mixing Night Audio welcomes your questions or comments regarding the Terms:
Mixing Night Audio Inc 402 Main Street Suite 100-113 Metuchen, New Jersey 08840
Email Address: firstname.lastname@example.org