Privacy Policy |  License Agreement

Terms of Use


THESE TERMS OF USE constitute an agreement (“Agreement”) made between Legitmix Inc., a corporation organized under the laws of the province of Ontario, Canada (“Legitmix”) and any person accessing Legitmix’s Site (“You”) with respect to Your use of Legitmix’s Site (the “Site”). You agree to abide by all of the terms contained in this Agreement as a condition of Your continuing to access, view or use the Site. This Site and any of its services are provided subject to compliance with these terms and conditions of use. Additional terms and conditions apply to the license of Legitmix software or purchase goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to license Legitmix software and/or use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms of the Legitmix software license or other special terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the terms of the Legitmix software license or such other special terms shall control with respect to Your use of (i) Legitmix software and/or (ii) that portion of the Site and/or (iii) the specific service. Legitmix and You are collectively referred to as the parties. As used in this Agreement, the terms “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” You agree that the official language of this Site and of all activities, dealings and correspondence of Legitmix, You, and others under, or in reference to, this Agreement, use of the Site, the Legitmix software, its license agreement and the Legitmix Privacy Policy is English. Notwithstanding the foregoing, Legitmix has no obligation whatsoever under this Agreement or otherwise to provide itself, You, any person, and/or any party with any translations in and/or of any non-English language.

THE USE OF THIS SITE IS INTENDED FOR LAWFUL PURPOSES ONLY. BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, INCLUDING REGISTERING AND LICENSING THE LEGITMIX SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS APPEARING ON THIS SITE (THIS AGREEMENT) AND ACKNOWLEDGE THAT LEGITMIX IS RELYING ON YOUR CONSENT TO THIS AGREEMENT IN ALLOWING YOU TO USE LEGITMIX.COM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE LEGITMIX’S PERMISSION TO ACCESS, VIEW, USE OR LINK TO ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES LEGITMIX’S RIGHTS IN THE SITE AND IS STRICTLY PROHIBITED.

1. Site Description

  1. Description. The Site is proprietary to Legitmix and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Legitmix agrees to provide You with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.
  2. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Legitmix may undertake from time to time; and/or (iii) causes beyond the control of Legitmix, whether or not foreseeable.
  3. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
  4. Reserved Rights Legitmix reserves the rights, in its sole and absolute discretion, at any time, without notice and from time to time:
    1. to revoke your current, and/or block your future, access to (i) any right and/or access granted under this Agreement, including under any Legitmix license available on this Site to which You are a party, e.g., in the event of any violation of these Terms of Use or any other additional terms accessed through this Site including infringement of third party proprietary rights on one or more occasions and/or failure to correctly identify audio source files in a Legitmix file posted to the Site, and (ii) any link to, access, and/or use of the Site and/or the Legitmix software You license on this Site.
    2. to change, modify, add or remove any portion of this Agreement and/or the Site, in whole or in part.
    3. to monitor Content on this Site, use of this Site, and any Legitmix services and to remove Content, disable sites, or suspend or terminate services if Legitmix, in its sole discretion, determines that such Content or user practices are harmful, offensive, or otherwise in violation of these Terms of Use.
    4. for any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and/or (iii) terminate, in whole or in part, this Agreement and/or this Site without liability.
    5. to remove or refuse any information and/or Submission (defined in Section 2.j below) for any reason. Notwithstanding these rights, You remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Legitmix nor any third party that provides Content to Legitmix will assume or have any liability for any action or inaction by Legitmix or such third party with respect to any Submission.
    6. to cooperate fully including disclosing your identify and/or comply with any applicable law or regulation or law enforcement authorities, government authority, court order or legal process requesting or directing Legitmix to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or whenever Legitmix determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
    7. to disclose any information Legitmix has about You (including your identity) if Legitmix determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Legitmix’s rights or property, or the rights or property of visitors to or users of the Site, including Legitmix’s licensees.
    8. to preserve any transmittal or communication by You with Legitmix through the Site or any service offered on or through the Site, and to disclose such data if required to do so by law or if Legitmix determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Legitmix, its employees, licensees, users of or visitors to the Site, and the public.

2. Limitations

  1. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Any passwords used for this Site are for individual use only. You will be responsible for the security of Your password (if any). You agree that Legitmix is entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Legitmix, in its sole opinion, considers insecure, Legitmix may require You to change the password and/or terminate Your account. You agree to notify Legitmix immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by Legitmix or any other user of or visitor to the Site due to someone else using Your password or account as a result of Your failing to keep Your account information secure and confidential.

    You are prohibited from using any services, programs, tools or facilities provided by Legitmix and/or others in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Legitmix reserves the right to release Your details to system administrators of other sites in order to assist them in resolving security incidents. Legitmix reserves the right, and You agree that Legitmix has the right, to investigate suspected violations of these Terms of Use. You agree to assist and cooperate with Legitmix and such other system administrators as necessary to respond to Site security threats and to verify violations of these Terms of Use.
  2. Privacy. Legitmix takes the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here. Legitmix will not collect, monitor, edit, or disclose any personal information about You, including Your use of the Site, without Your prior consent or other than as stated in our Privacy Policy. You have no expectation of privacy with respect to the Internet generally or this Site in particular except as stated in our Privacy Policy. Your personal information is treated by Legitmix only in accordance with Legitmix’s Privacy Policy.
  3. Nature of Site Content. Legitmix makes content available on this Site as a service to the public generally and specifically to our licensees and other friends only under the terms and conditions of this Agreement and any separately agreed to license entered into by You on this Site (the “Content”). In the absence of Your expressly agreeing to a separate license and becoming a licensee of the Legitmix software, the materials on this Site are not intended to create any relationship between Legitmix and You or anyone else. Any relationship not based on Your having agreed to the Legitmix software license on this Site must be expressly created between Legitmix and You by means of direct, interpersonal contact between You and Legitmix. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding Your particular facts and circumstances. Legitmix makes no representation, claim or guarantee whatsoever regarding any result, outcome or effect from access to or use of the Site, the accuracy of the identification of and/or effectiveness of any linked to audio sources, of otherwise.

    The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Legitmix. You should use the Content in the same manner as any other publicly available and/or educational medium and should not rely on the Content to the exclusion of Your own judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your goals and/or purposes. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Legitmix does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, timely, accurate or complete.
  4. Confidentiality of Information Transmitted to Legitmix. You also should be aware that if You send messages to Legitmix (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the Legitmix Site, such means are not secure, and Legitmix does not guarantee the confidentiality of such communications. Consequently, You understand, agree, and assume the risk that Internet transmissions are never completely private or secure and that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Legitmix does not agree to accept and/or maintain the secrecy of any unsolicited information You send to Legitmix except if a written relationship of confidentiality currently exists between us. No such confidentiality relationship is created unilaterally by Your sending to Legitmix any information You consider to be confidential. The creation of a confidential relationship is only by means of Legitmix’s licensing procedures on this Site. However, notwithstanding any confidentiality relationship that may exist between us, Legitmix cannot guarantee the confidentiality of correspondence through Internet electronic mail or through the Legitmix Site.
  5. Legitmix’s Products and/or Services. Legitmix’s obligations, if any, with regard to its products and services are governed solely by the terms and conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such terms and conditions. Legitmix reserves the right to change any software, products or services offered on the Site, or to the applicable payments and prices, if any, for any such software, products or services, at any time, without notice. The materials on the Site with respect to Legitmix software, products and services may be out of date, and Legitmix makes no commitment to update the materials on the Site with respect to such software, products and services.
  6. Notice Specific to Documents available on this Site. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site (Legitmix.com) or any other Legitmix owned, operated, licensed or controlled site. Elements of Legitmix Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Legitmix site, including, without limitation, this Site may be copied or retransmitted unless expressly permitted by Legitmix. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEGITMIX AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES, PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED ON THIS SITE AT ANY TIME.
  7. Notice Specific to Software Available on this Site. Any software that is made available to download from this server ("Software") is the copyrighted work of Legitmix and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

    The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

    WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

    THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, LEGITMIX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    FOR YOUR CONVENIENCE, LEGITMIX MAY MAKE AVAILABLE ON THIS SITE OR IN ITS SOFTWARE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. LEGITMIX DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN LEGITMIX SOFTWARE.
  8. Changes. Changes in this Agreement will be posted on this Site. Your continued use of this Site, after any changes are made, shall constitute Your acceptance of the changes and Your agreement to be bound by any such changes. Notwithstanding the foregoing, Legitmix will use commercially reasonable efforts to notify You if You have registered using this Site and are a software licensee of any changes to these terms within a reasonable time after their posting on the Site. Legitmix may modify, suspend, discontinue or restrict the use of any portion of Legitmix.com, including the availability of any portion of the Content at any time, without notice or liability. You acknowledge that Legitmix may update this Site and its Content from time to time and that Legitmix is under no duty to notify You of such updates (including link updates) nor does Legitmix have any obligations or liability to You with respect to such updates.
  9. Hyperlinks. This Site may be hyperlinked to other sites which are not operated and/or maintained by, or related to, Legitmix. Hyperlinks to such sites (third parties) are provided as a service or convenience to users and are not sponsored or endorsed by or affiliated with this Site or Legitmix. Legitmix has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at Your own risk, and Legitmix makes no representations or warranties about the content, completeness, security or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not imply endorsement by Legitmix of that site. Legitmix is not responsible for the availability or reliability of the content of these third party sites. Any information You provide to those third parties is not subject to the terms of this Site’s privacy policy, and Legitmix is not responsible for the treatment of the information You provide to those third parties. We recommend that You review the privacy policy of that third party, and of any third party to whom You provide personally identifiable information online. THE LINKED SITES ARE NOT UNDER THE CONTROL OF LEGITMIX AND LEGITMIX IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LEGITMIX IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
  10. Submissions. You hereby grant to Legitmix the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information and any accompanying materials communicated to Legitmix through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Notwithstanding anything in this Section 2.j entitled “”Submissions” to the contrary, Your identification of the music source files and the Legitmix File You create using the Legitmix software licensed under the terms of the Software License Agreement are not Submissions within the terms of this Section 2.j entitled “Submissions” of these Terms of Use. Your and Legitimix’s respective rights in and to the Legitmix File(s) and the music source files You identify are governed exclusively by the terms of the Software License. Further, any information You submit that is requested by Legitmix when You use the Legitmix software does not fall within the definition of Submission under this paragraph and is treated in confidence strictly in accordance with terms of the Legitmix Software License and Legitmix’s Privacy Policy.

    All Submissions are nonconfidential and, consequently, Legitmix (i) is not required to treat any Submission as confidential, (ii) may use any Submission in its business or otherwise for any purpose whatsoever, including, but not limited to, research, development, manufacture, advertising or sale of any products or services incorporating or relying on such information without incurring any liability for royalties or owing You any other consideration of any kind, (iii) is not required to acknowledge You or provide You attribution of any kind, and (iv) will not incur any liability as a result of any similarities that may appear in future Legitmix operations. Notwithstanding the foregoing, to the extent any Submission falls within the scope of the Privacy Policy, it shall be treated in accordance with the Legitmix’s Privacy Policy.
  11. Disclaimer. You understand that Legitmix cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Legitmix does not assume any responsibility or risk for Your use of the Internet and/or this Site.
  12. Not Intended for Use by Children. This Site is not intended for, nor do we believe it is appealing to, children under the age of 13. Legitmix will not knowingly collect information from Site visitors in this age group and does not knowingly permit Site visitors in this age group to register as licensees of Legitmix on this Site.

3. Intellectual Property Rights

The Site, its text, visual imagery, Site design and Content are protected under U.S. and Canadian laws, international conventions and other national laws including copyright, patent, trademark, trade dress and moral rights laws (collectively, the “Intellectual Property Rights”) and are owned, controlled, or licensed by Legitmix from the party credited as the provider of the Content . The Content of the Site are only for Your personal, informational and noncommercial use; provided, however, that Your use of Legitmix software is strictly in accordance with the license terms and these terms of use of this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property Rights to use, copy, publish, transmit or modify the copyrighted Content, message or non-literal elements of the Site including its “look and feel” without the express written permission of Legitmix or under the terms of the Software license. Notwithstanding the foregoing, You may use any information or other descriptive materials on Legitmix software purposely made available by Legitmix for downloading from this Site (the “Information”) only if You (i) do not remove any proprietary notice language in all copies of such Information, (ii) use such Information only for Your personal, non-commercial informational purpose and do not copy or post such Information on any networked computer or broadcast it in any media, (iii) make no modifications to any such Information, and (iv) not make any additional representations or warranties relating to such Information beyond those, if any, expressly stated in such Information. Except as expressly provided in these Terms of Use, no part of this Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Legitmix’s express prior written consent. You agree not to copy, use or otherwise infringe upon Legitmix’s Intellectual Property Rights (including its trademarks or service marks contained in this Site). You further agree that You will not alter or remove any trademark, service mark, copyright or other notice from any copies of the information or other Content downloaded from this Site. Without prior written consent of Legitmix, You may not co-brand or use any Legitmix trademark, service mark or logos in connection with this Site. You shall not modify or change the Content set forth in this Site nor otherwise create derivative works from such Content. You agree to abide by any and all additional copyright and/or patent notices, information, or restrictions contained in any part of the Site. Unless otherwise expressly provided in the Software license or in another written authorization, no right is granted to You to any Intellectual Property Rights; all such rights are reserved exclusively to Legitmix.

4. Prohibited Uses

The use of this Site is intended for lawful purposes only. You are solely responsible for any and all of Your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site. Legitmix reserves the right to bar any such activity. You may not engage in any activity or post, send, submit, publish, or transmit in connection with this Site any material that:
  1. You do not have the right to post, including proprietary material of any third party, e.g., that is, or may be, protected by copyright or other intellectual property rights, without permission from the copyright or other intellectual property rights owner;
  2. downloads a file or software or includes in a message any software, files or links that You know, or have reason to believe, cannot be distributed legally over the Site or that You have a contractual obligation to keep confidential;
  3. would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
  4. consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
  5. advocates illegal activity or discusses an intent to commit an illegal act;
  6. is abusive, harassing, excessively violent, vulgar, obscene, pornographic, indecent or otherwise objectionable material;
  7. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
  8. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  9. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy and/or publicity;
  10. violates any law or may be considered to violate any law;
  11. forges, impersonates or misrepresents Your connection and/or affiliation to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content of any message or transmittal You send to Legitmix on or through the Site or any service offered on or through the Site;
  12. uses anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Legitmix cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
  13. restricts or inhibits other Site visitors’ and/or registered users’ use of the Site;
  14. includes programs or transmits files which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  15. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
  16. intercepts or attempts to intercept electronic mail not intended for You
  17. amounts to a “pyramid” or similar scheme;
  18. disobeys any policy, regulations, or requirements established from time to time regarding use of this Site or any networks connected to this Site;
  19. misrepresents or misidentifies audio sources required in Legitmix file(s);
  20. seeks to obtain or attempt to obtain any materials, documents or information on the Site or downloadable from the Site through any means not purposely made available through the Site;
  21. engages in systematic retrieval of data or other materials from this Site or any of its Content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Legitmix by use of scrapers, robots, spiders or other automatic devices, programs, algorithms or methodologies, other tools, or programs or any similar or equivalent manual process, now existing or which may be developed;
  22. violates the restrictions in any robot exclusion headers on this Site or bypasses or circumvents other measures employed to prevent or limit access to this Site and/or Legitmix software, and/or Legitmix files;
  23. accesses, acquires, copies or monitors any portion of the Site or any Content, or in any way reproduces or circumvents the navigational structure or presentation of the Site or any Content;
  24. takes any action that imposes, or may impose, in Legitmix’s sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
  25. engages in hacking, password “mining” or any other illegitimate means to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Legitmix’s or any licensee’s server, or to any of the services offered on or through the Site;
  26. uses this Site or any Legitmix services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
  27. probes, scans or tests the vulnerability of the Site or any network connected to the Site, or breaches the security or authentication measures on the Site or any network connected to the Site;
  28. uses reverse look-up, traces or seeks to trace any information on any other user of or visitor to the Site, or any other Legitmix registrant and/or customer, including any account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to learn any information, including personal identification or information, other than Your own information, as provided for by the Site;
  29. takes any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Legitmix’s systems or networks, or any systems or networks connected to the Site or to Legitmix;
  30. uses any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
  31. engages in any other activity deemed by Legitmix to be in conflict with the spirit or intent of these Terms of Use including being inconsistent with Legitmix’s intellectual property rights in the Site and the Content set forth herein; or
  32. uses or exports or re-exports any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including pertinent export laws and regulations.

5. Registration on Legitmix.com

Certain areas of this Site are accessible only to registered users. To be a registered user, You must be eligible under the terms of these Terms of Use, register as instructed on this Site, and agree to the Software License Agreement presented on this Site during Your completion of the registration process. To access the registered-user-only areas of this Site, You will need the username and password You select and set when You register. You acknowledge that the use of username and password is an adequate form of security. You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of Your username and password, (ii) not allowing another person to use Your username or password, (iii) any charges or damages that may be incurred as a result of Your neglect to maintain the strict confidentiality of Your username and password, and (iv) promptly informing Legitmix in writing of any need to deactivate an username due to security or other concerns. Legitmix is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or Your authorization to allow another person or entity to access and use this Site using Your username or password. You shall immediately notify Legitmix of any unauthorized use of Your username or password and any breach of confidentiality. Until Legitmix receives this notification from You, You will be held liable for any harm ensuing from the use of Your username on this Site.

If You grant Site access to another person or entity to access and use this Site using Your username or password to view Your account information, it is Your responsibility to terminate Site access preferences for that person when it is no longer appropriate for them to have that access. It is recommended that You reset Your password when making this update to Your profile.

6. Termination

This Agreement is effective upon Your access or use of the Site and shall continue in full force until terminated. These terms, conditions, and any policies contained on this Site are effective until terminated by either party. If You no longer agree to be bound by these terms and conditions, You must cease Your use of this Site. Your use of this Site is at Your sole risk. If You are dissatisfied with this Site, its Content, or any of these terms, conditions, and policies, Your sole and exclusive legal remedy is to discontinue using this Site. You agree that Legitmix may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (i) requests by law enforcement or other government agencies, (ii) a request by You (self-initiated account deletions), (iii) discontinuance or material modification of the Site or any service offered on or through the Site, or (iv) unexpected technical issues or problems. You agree that Legitmix will not be liable to You or to any third party for termination of Your access to the Site, software, and/r Content as a result of any violation of these Terms of Use.

7. Disclaimer of Warranties

THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK INCLUSIVE OF ANY SOFTWARE AND/OR CONTENT DOWNLOADED FROM THIS SITE. LEGITMIX DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS. SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES, AND CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES LEGITMIX MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES. LEGITMIX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE, SERVICES, AND/OR ITS CONTENT. THE CONTENT ON THIS SITE AND ANY SERVICES ARE PROVIDED AS GENERAL INFORMATION ONLY AND IS NOT PROMISED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD. LEGITMIX DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE CONTENT IS COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS LEGITMIX RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE. ANY REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY LEGITMIX.

LEGITMIX DOES NOT (i) UNDERTAKE ANY OBLIGATION TO INDEMNIFY, (ii) WARRANT OR (iii) MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LEGITMIX MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LEGITMIX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LEGITMIX MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Certain of the information on this Site is licensed by Legitmix or otherwise made available to Legitmix by third parties. Legitmix is not responsible for the content of any information provided to it by any third party. Information accessible through this Site speaks only as of the date such information was prepared. Such information may be incomplete or may have become out of date. Legitmix makes no commitment, and disclaims any duty, to update or revise such information.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LEGITMIX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, SERVICES OR THE INTERNET GENERALLY, INCLUDING YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR ANY DAMAGES, CLAIMS AND/OR LIABILITIES RESULTING FROM THE ACTIONS OF ANY THIRD PARTIES (E.G., HACKERS OR OTHER UNAUTHORIZED OR UNLICENSED USERS OF THE SOFTWARE AND/OR LEGITMIX FILE(S), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LEGITMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR YOU TO DISCONTINUE USE OF THE SITE.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, LEGITMIX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, IN NO EVENT SHALL LEGITMIX’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHATSOEVER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF [$10.00]. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN REPRESENT THE PARTIES' AGREEMENT AS TO THE ALLOCATION OF RISK BETWEEN THE PARTIES IN CONNECTION WITH YOUR USE OF THIS SITE. THE PAYMENTS YOU MAKE TO LEGITMIX, IF ANY, UNDER THESE TERMS OF USE AND/OR UNDER ANY PERTINENT LICENSE AGREEMENT APPLICABLE TO THE USE OF ANY SOFTWARE DOWNLOADED FROM THIS SITE REFLECT THIS ALLOCATION OF RISK AND THE EXCLUSION OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE, OR OTHER DAMAGE AND THE LIMITATION OF LIABILITY IN THESE TERMS OF USE SHALL APPLY NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE.

9. Indemnification

You agree to indemnify, hold harmless and defend Legitmix, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to or in connection with: (a) Your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4 (Prohibited Uses). MOREOVER, BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LEGITMIX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEGITMIX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEGITMIX OR LAW ENFORCEMENT AUTHORITIES.

10. Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Legitmix or the party that provided the trademarks, service marks, and logos to Legitmix. Legitmix and any party that provided trademarks, service marks, and logos to Legitmix retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site including all good will arising from any such use.

11. Digital Millennium Copyright Act

You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. Legitmix has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If You believe any Content and/or other material in or posted on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Gad Bentolila
LEGITMIX, INC.
dmca@legitmix.com
Tel: 646 558 2601 x400
Fax: 646 558 2604

Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim. Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content and/or material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content and/or material at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA. YOU WILL NOT RECEIVE A RESPONSE TO ANY INQUIRY THAT IS NOT RELEVANT TO THE FOREGOING PROCEDURE.

12. Opt-out Rights

You may be contacted by Legitmix by e-mail or other forms of direct mail or telemarketing. However, You may “opt-out” of receiving such communications by sending an e-mail to Legitmix and electing “No Direct Mail” and “No Telemarketing” options. If You do not want any notices of enhanced services or offerings from Legitmix, Legitmix will remove You from the lists used by Legitmix for e-mail, direct mail or telephone solicitations.

13. Miscellaneous

  1. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
  2. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
  3. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be only enforced to the maximum extent legally possible and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. Consequently, if any of these terms and conditions is determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.
  4. Notice. Except as provided in Section 11 above regarding notices under the DMCA, all notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address. You hereby consent to notice by e-mail and by notices provided by Legitmix to You when You login to the Site. Notwithstanding the foregoing, You may remove Your name and e-mail address from any correspondence sent by Legitmix by notifying Legitmix in writing that You are opting out of any future correspondence from Legitmix. However, notwithstanding Your request for removal of your e-mail address and Legitmix’s removal of your e-mail address, Legitmix has a right to continue to provide You notice when You login to the Site and to retain your e-mail address for archival and legal notification purposes. All e-mail addresses obtained by Legitmix through this Site will be treated strictly in accordance with the Legitmix’s Privacy Policy.
  5. Law. This Agreement is made in and shall be governed by the laws of the State of New York without reference either to its choice of law provisions or other dispute resolution provisions or international treaties. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Legitmix, for which monetary damages would be inadequate, and You consent to Legitmix’s obtaining any injunctive or equitable relief that Legitmix deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Legitmix has at law or in equity.
  6. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the courts having jurisdiction in the State of New York. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the pertinent courts in the State of New York. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the pertinent courts in the State of New York and to the laying of venue of any such suit, action or proceeding brought in any such pertinent court in New York City. Notwithstanding the foregoing, Legitmix shall have the right to institute an action in any court or tribunal in the event You infringe Legitmix's proprietary rights or breach Your restricted use obligations.
  7. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including service by certified or registered mail, return receipt requested. No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the pertinent courts of the State of New York.
  8. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
  9. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
  10. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
  11. International Use. Legitmix administers and operates the www.legitmix.com Site from its location in Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Legitmix reserves the right to limit, in its sole discretion, the provision and quantity of any feature, software, product or service to any person or geographic area. Any offer for any feature, software product or service made on the Site is void where prohibited. If You choose to access the Site from outside Canada, You do so on Your own initiative and You are solely responsible for complying with applicable local laws. Legitmix makes no representation that materials available on this Site or any or through any Legitmix service are appropriate or available for use in locations outside Canada, and accessing them from territories where their Content is illegal is prohibited. Those who access this Site or any site linked to by Legitmix from other locations are responsible for compliance with local law.
  12. Survival. The provisions of this Agreement which either expressly or by their respective natures survive expiration or early termination of this Agreement shall survive any termination or expiration of this Agreement until such provisions expire in accordance with their respective terms.
  13. Entire Agreement. This Agreement together with the Legitmix software license and the Legitmix Privacy Policy constitute the complete and exclusive statement of the agreement between the parties with respect to use of the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. The official language of this Site and of all activities, dealings and correspondence of Legitmix, You or others under, or in reference to, this Agreement is English. Notwithstanding the foregoing, Legitmix has no obligation whatsoever under this Agreement or otherwise to provide itself, You, any person, and/or any party with any translations in and/or of any non-English language. YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.