This website is the property of and is operated by POLARIS MASTERING LLC, trading as POLARIS MIXING. References to “POLARIS MIXING”, “POLARIS MIXING ONLINE MIXING”, “we”, ”us” or “our” shall also be deemed to be references to POLARIS MASTERING, LLC.
1. ACCEPTANCE OF TERMS
1.1 Access and Acceptance Your access to and use of this Website and the services referred to in Section 2 below is subject to these terms and conditions. By accessing and or using the Website and or Services you signify that you have read the following terms and conditions and accept and agree to be bound by them, whether or not you register with POLARIS MIXING (“Agreement”). Where applicable under law, these terms and conditions constitute a ‘writing signed by you’. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST CEASE USING THE WEBSITE/ SERVICES.
1.2 Right to Amend Terms We reserve the right at our sole discretion to change, modify, add or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Website/Services.
2. THE SERVICES
2.1 The Website offers digital mixing services in various formats for CD production (“Services”). Such formats include digital and physical products and may vary from time to time (“Products”).
3. AGE RESTRICTION
3.1 You must be at least 18 years of age to register and use the Services.
3.2 Children under the age of 13 years of age may not access or use the Website. If you are under 18 years of age but over 13 years of age you may use this Website only with the consent and supervision of a parent or guardian.
4. USE OF THE WEBSITE AND SERVICES
4.1 You are solely responsible for any audio files, data, text and information submitted by you (the “Materials”).
4.2 You agree not to
(a) use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) use this Website or any of the Services to submit, upload, display, transmit, disseminate or otherwise use any Materials that are false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or violates any law;
(c) threaten, abuse, disrupt, stalk or otherwise violate the legal rights of others;
(d) upload, post or disseminate any information or Material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party or infringes any intellectual property law or other applicable law;
(e) restrict or inhibit any other user from using and enjoying the Website or any of the Services;
(f) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Service;
(g) transmit any Materials, information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(h) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Website, the Services, or the contents of such Website or Services;
(i) impersonate any other individual or entity in connection with your use of this Website or any of the Services;
(j) use the Services to distribute files illegally or violate the rights of others to copy and distribute protected work.
4.3 You further agree, represent and warrant that
(a) you solely own or otherwise control all of the rights to the Material that you submit to the Website and that you are not prohibited from submitting the Materials to POLARIS MIXING by any other agreement or obligation;
(b) all information and details you provide is accurate, complete and current;
(c) if you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website/Services.
In addition, you acknowledge that by using this Website and/or the Services, you are not submitting Materials for the purpose of consideration by any music label associated with or affiliated with POLARIS MIXING and your Materials will not be reviewed for purposes of submission to any label.
5. USER REGISTRATION AND ACCOUNT
5.1 User Account: You are required to complete the registration process in order to open an account to use the Services and to purchase Products. Such process requires the provision of certain information by you and the registration of a username and password. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorized person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security.
5.2 Unauthorized Access: You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and or password. You may not use another person’s account at any time.
5.3 Account Deletion: In the sole discretion of POLARIS MIXING and at any time with or without prior notice, POLARIS MIXING may purge any and all of its files associated with your account and your Materials. As a result, it is your responsibility to keep a copy (or copies) of the original and mixed files and or Materials. If you request an additional copy of your mixed file from POLARIS MIXING, we may not be able to provide one for you, and you release POLARIS MIXING, POLARIS MIXING and its affiliates from any related liability in connection therewith.
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