mixOmation is not required to host or display uploaded content. mixOmation may refuse to host content that violates its policies, including:

a.. illegal content
b.. invasions of personal privacy
c.. pornography, obscenity or extreme mature content
d.. hate or incitement of violence
e.. graphic violence or other acts resulting in serious injury or death
f.. violations of copyright

Note: All content so designated by You and contained within or provided by You in association with such content, including but not limited to all images, closed captioning, metadata and music, is referred to collectively as "Authorized Content." mixOmation shall have no obligation whatsoever to return any materials delivered to it under this Agreement.

"Agreement for the use of Authorized Content submitted to mixOmation".

* 1. mixOmation shall include a suitable acknowledgement for the Submitted Authorized Content where practicable, on behalf of the Submitter in any broadcasts, podcasts, electronic downloads, product CDs, product DVDs, web pages, customer presentations, trade shows, events, and demo reels. This, together with any other marketing materials ("the Materials") that may be issued and released or created relating to the Submitted Authorized Content so that fair recognition is attributed to the Submitter's contribution under this agreement.

* 2. The Submitter will receive a special mixOmation membership (as made available from time to time) which will entitle them to copies of mixOmation’s current and future CD & DVD products free of charge for a one year period commencing on the Release date of the DVD for which the content/material has been chosen.

* 3. The Submitter grants to mixOmation, its servants and/or agents a perpetual, irrevocable, world wide, non-exclusive and transferable right to use the Submitted Authorized Content. You are directing and authorizing mixOmation to, and granting mixOmation a royalty-free, non-exclusive right and license to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, facilitate the sale or rental of copies of, analyze, and create algorithms based on the Authorized Content in order to (i) host the Authorized Content on mixOmation’s servers, (ii) index the Authorized Content; (iii) display, perform and distribute the Authorized Content, in whole or in part, in connection with mixOmation’s products and services now existing or hereafter developed, including without limitation for syndication on third party sites.This license gives mixOmation the right to display Your Authorized Content via broadcasting, streaming and/or downloading technologies, and to display limited excerpts of Your Authorized Content for no fee to the end user. Google may in its sole discretion display a link or links to the website You expressly agree that any and all links provided by You shall function properly and effectively to allow end users to transfer immediately to the intended and indicated site(s), and that You are solely responsible for maintaining and updating as necessary any such links. Failure to do so may result in immediate termination without notice to You. mixOmation reserves the right to display advertisements in connection with any display of Your Authorized Content. Notwithstanding the foregoing, mixOmation is not required to host, index, or display any Authorized Content uploaded or otherwise provided to mixOmation, and may remove or refuse to host, index or display any Authorized Content. mixOmation is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Authorized Content.

* 4. The Submitter may terminate this agreement at any time upon three months written notice, but such termination shall not apply to Materials that have already been produced or printed prior to mixOmation receiving notice of termination. Such termination shall also not apply to any Materials that have been ordered to be produced, broadcast or printed prior to mixOmation receiving notice of termination where revoking such an order or amending it would cause mixOmation to incur a financial cost.

* 5. The Materials will serve to promote the products of mixOmation and they are not produced solely for financial gain. However, should mixOmation make any financial gain from the distribution and sale of the Materials containing the Submitted Authorized Content it shall be entitled to retain it.

* 6. The Submitter also warrants that the Submitted Authorized Content have been created using fully licensed versions of the software upon which they were created.

* 7. The Submitter warrants that the Submitted Authorized Content do not infringe the intellectual property rights of any third party.

* 8. The Submitter further warrants that they have full authority or capacity to submit the Submitted Authorized Content in accordance with this agreement.

* 9. The Submitter indemnifies and keeps indemnified mixOmation against all claims, demands, costs, losses and damages that mixOmation incurs as a result of a breach by the Submitter of the warranties numbered 7, 8 and 9 above and in respect of any other obligations under this agreement.

* 10. If any third party makes any allegation to the Submitter that conflicts with the rights granted to mixOmation by this agreement the Submitter shall inform mixOmation immediately in writing or as soon as practicable afterwards.

* 11. Any notice sent to mixOmation shall be sent to the address shown for mixOmation at the head of this agreement.

* 12. This agreement shall be subject to the Laws of the United States and the parties submit to the exclusive jurisdiction of the California Courts.

We may change these policies at any time without notice.



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