Xtendamix is an online utility that provides access to downloadable music and video files ("Goods") operated under the trading name "Xtendamix"
All use of this website is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Xtendamix at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.
XTENDAMIX is a trademark of Xtendamix Canada Inc. and used under license by Xtendamix Europe Inc., Xtendamix USA Inc., and Xtendamix Corporation in Europe, the UK, the United States and Canada respectively.
Xtendamix may amend its service or pricing options from time to time and such variations will be displayed on the website.
The username and password issued to you is personal information that allows you to use Xtendamix on these Terms and must not be disclosed to any other person without Xtendamix's agreement in writing. You agree to ensure that the username and password are kept secure and confidential, and agree to be liable for all purchases and actions undertaken using your username and password, until you tell us that it has been compromised.
You undertake and represent that all information submitted in your registration with Xtendamix are and will be kept up to date and accurate.
All email communications (and attachments) sent by Xtendamix are intended only for the person they are addressed to and/or others authorized to receive them.
Order of Goods
Goods are displayed on Xtendamix for you to purchase ("Order") them for the price stated (plus delivery where applicable and communicated to you at or before the time of purchase).
Orders are subject to these terms and conditions. All Orders will be confirmed by e-mail and are deemed accepted when a confirmation e-mail is sent by Xtendamix and/or the Merchant.
Xtendamix may cancel any sale and not supply Goods if reasonable to do so, and may change or discontinue the availability of Goods at any time at its sole discretion. Your account will be re-credited for any such sum debited by Xtendamix.
Xtendamix must receive payment of the whole of the price for the Goods that you order before your order can be accepted and the contract formed. Once payment has been received, Xtendamix will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. Xtendamix's acceptance of your order brings into existence a legally binding contract between us on these terms.
Xtendamix is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
Payment and Delivery
Xtendamix accepts orders that are processed online using a credit card payment gateway and/or PayPal. All credit card and/or PayPal transactions are encrypted using Secure Server Technology.
Where you subscribe to Xtendamix's services on a periodic contract, the contract shall be automatically renewed and periodic fees deducted from your account as agreed until you cancel your membership.
Liability and Indemnity
In no event will Xtendamix be liable to you or any third party in respect of any computer system, hardware or communications system failure or for any loss or damage of any kind. This includes: lost profits or other consequential loss arising from the use of or inability to use Xtendamix or from errors or deficiencies in it or any computer system, hardware or communications system, whether caused by negligence or otherwise.
Notwithstanding the above, Xtendamix aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Good(s).
You acknowledge, agree, and undertake that any use of Xtendamix or the Music Video Goods beyond that stated in these Terms is strictly prohibited and you agree not to copy, modify, reverse engineer, translate, hack, re-use, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of or otherwise use such material and content in whole or in part or to permit any other persons to do so. All and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Xtendamix on creation.
Xtendamix will use reasonable endeavors to verify the accuracy of any information on the site or the Goods but makes no representation or warranty of any kind regarding the contents of the site and/or Goods or that they will be error-free, that defects will be corrected, or that the site, the server and/or the Goods that it makes available are free of viruses or bugs and Xtendamix will not be responsible or liable to you for any loss of content or material and Xtendamix accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site and/or Goods.
You acknowledge and agree that the material and content contained within the Music Video Goods is made available for commercial use only and is subject to a public performance license. You warrant and undertake that you are responsible for all public performance licenses of whatever nature whatsoever arising as a result of your commercial use of the Music Video Goods.
Ownership of the Goods
You acknowledge and agree that the Goods are provided for use in public locations only by professional disc jockeys and video jockeys amongst others. In entering this agreement and paying the purchase price, you warrant that you are a public location, disc jockey and/or a video jockey.
By entering into these terms and conditions and paying the purchase price, you will be entitled to use the physical property in the Music Video Goods. This right of use is non-transferable, and is subject to you obtaining the relevant licenses for the public performance of the Music Video Goods and the works contained thereon. Legal title in the Goods shall remain the property of Xtendamix. In the event that Xtendamix becomes aware that you are in breach of the warranty given in the first paragraph of this section, Xtendamix shall be entitled to the return of the Goods by you at your costs. In the event that Xtendamix exercises this right, you shall not be entitled to any refund.
In the event that you re-sell, share or gift the Goods without the knowledge of Xtendamix, Xtendamix shall be entitled to payment by you of the amount of $100.00 (USD) per Music Video, with that amount reflecting the losses incurred by Xtendamix as a result of you selling, sharing or gifting the Goods to persons unauthorized to receive them by Xtendamix.
The copyright in the Visuals content is owned by Xtendamix and/or its licensors.
Xtendamix and/or its licensors, license the Visuals content (whether purchased or received free of charge from a legal source) for local/live public performance.
This excludes a live performance whereby the Visuals are sequenced to artists/bands/or in performances whereby the content becomes an integral part of the show.
Visuals content may not be used for film, television or Internet broadcast unless express permission is granted by Xtendamix.
Visuals content may NOT be resold or passed off.
Intellectual Property Rights
All copyright, design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in Xtendamix and the Goods offered through this website belong to, vest in and are the exclusive property of Xtendamix, or are licensed to Xtendamix unless otherwise specified. All such rights of Xtendamix and all moral rights it has are hereby asserted and reserved.
Xtendamix is a trade name of Xtendamix, the use of which is forbidden by any other persons without the permission of Xtendamix.
Xtendamix makes no warranty or representation in respect of any other trade mark.
By purchasing Goods from Xtendamix, you acquire only rights of ownership to the physical Goods and/or playable files and not any right to or interest in any underlying copyright in the audio and audio/visual recording and the music composition or any intellectual property right in the work itself nor the right to broadcast, reproduce, copy, edit, re-engineer, download or file share the same.
Except as provided above there are no other warranties, conditions or other terms, expressed or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law (subject to your statutory and common law consumer rights).
These terms and conditions constitute the entire agreement between you and Xtendamix and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Xtendamix.
Xtendamix reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforce ability of the other sections of these terms and conditions shall not be affected.
If Xtendamix does not enforce any provision of this agreement, such will not be considered a waiver of any provision or right.
Xtendamix operates a dispute resolution procedure, which is used to assist you when queries arise.
Copyright © 2008-2020 Xtendamix Canada Inc. All Rights Reserved.