By accessing or using MixTester ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
MixTester reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the Service constitutes acceptance of modified Terms.
MixTester provides a free web-based platform for uploading, hosting, streaming, and comparing audio files for the purpose of gathering feedback on audio mixes. The Service includes features for gapless playback, A/B comparison, voting, and timestamped commenting.
You must be at least 13 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement.
No account registration is required to use MixTester. When you create a project, you receive a unique URL to access that project. You are solely responsible for maintaining the confidentiality of your project URLs and any passwords you set. You are responsible for all activities that occur under your project URLs.
You retain all ownership rights to any audio files, comments, or other content you upload to the Service ("User Content"). MixTester does not claim any ownership rights to your User Content.
By uploading User Content, you grant MixTester a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, cache, stream, transcode, display, and transmit your User Content solely for the purpose of operating and providing the Service. This license terminates when you delete your User Content from the Service, subject to reasonable backup and cache retention periods.
You represent and warrant that:
You agree NOT to upload, post, or transmit any User Content that:
You agree NOT to:
MixTester respects the intellectual property rights of others and expects users to do the same.
Uploading copyrighted material without authorization is strictly prohibited and violates these Terms.
If you believe that content on MixTester infringes your copyright, please send a DMCA takedown notice to our designated Copyright Agent:
Your notice must include:
If you believe your content was wrongly removed, you may submit a counter-notification to the same Copyright Agent containing:
MixTester will terminate access for users who are repeat copyright infringers.
MixTester has no obligation to monitor User Content. However, MixTester reserves the right (but has no obligation) to:
Removal of User Content does not waive or limit any of MixTester's rights or remedies.
Projects and uploaded files remain accessible for 30 days from the date of project creation. After 30 days, projects may be automatically deleted without notice.
You may delete your projects and files at any time from the project page.
When you delete User Content:
MixTester reserves the right to delete any User Content at any time, including before the 30-day period, for any reason including but not limited to: Terms violations, storage capacity issues, or business necessity.
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIXTESTER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
SPECIFICALLY REGARDING UPLOADED FILES:
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIXTESTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIXTESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MIXTESTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO MIXTESTER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless MixTester and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
This indemnification obligation survives termination of these Terms and your use of the Service.
Password protection for projects is provided as a convenience feature only. MixTester makes no guarantees regarding the security of password-protected projects.
The Service may contain links to third-party websites or services. MixTester does not endorse or assume responsibility for any third-party sites, products, or services. Your use of third-party services is at your own risk and subject to their terms and policies.
You agree to comply with all applicable export and import laws and regulations. You may not use or export any content from the Service in violation of U.S. export laws and regulations.
You may stop using the Service at any time. You may delete your projects at any time from the project page.
MixTester may suspend or terminate your access to the Service at any time, for any reason, including:
Upon termination:
MixTester reserves the right to:
MixTester shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Ottawa County, Michigan for the resolution of any disputes.
Before filing any formal claim, you agree to first contact MixTester at contact@mixtester.com to attempt to resolve the dispute informally.
You agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Any claim or cause of action arising out of your use of the Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and MixTester regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of MixTester to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights hereunder without MixTester's prior written consent. MixTester may assign these Terms without restriction.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and MixTester.
MixTester shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
For questions about these Terms, please contact:
MixTester
Email: contact@mixtester.com