Welcome to Mix Theory Studios, Inc.

We want you to use and enjoy the various services and content offered by the Company. Prior to engaging with our Company, please take a minute to review these site terms and conditions (referred to as “Terms and Conditions”) in connection with our Sites’ Service Terms, Privacy Policy, and Shipping and Returns Policy (collectively, our “Terms, Policies and Agreements”), using the following links:

• Refer to https://mixtheorystudios.com/serviceterms/ to understand our client agreements for services to include cancellations and refunds.
• Refer to https://mixtheorystudios.com/shippingandreturns/ to view our policies related to physical goods purchases, shipping, returns and exchanges.
• Refer to https://mixtheorystudios.com/privacypolicy/ for the policy that governs the Sites and informs users of our data collection practices.

 

GENERAL INFORMATION

Mix Theory Studios is a music and podcast recording studio, located in downtown Jacksonville, FL. We own and operate two websites (https://mixtheorystudios.com and https://mtsjax.fm). These websites (the “Sites”) are comprised of various web pages operated by Mix Theory Studios, Inc.

Access to the Sites is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). Your use of https://mixtheorystudios.com and https://mtsjax.fm constitutes your agreement to all such Terms and Conditions. Please read these terms carefully, and keep a copy of them for your reference.

For clarification, https://mixtheorystudios.com is an E-Commerce Site, and https://mtsjax.fm is a local podcast hosting network. Your use of the Sites is subject to Mix Theory Studios, Inc.’s Privacy Policy.

CONTENT CONTAINED WITHIN OUR SITES

Our Sites are maintained by the Company as a place for you to, among others:

• Learn about the Company and its services,
• Locate and network with the local community of creators in Jacksonville, Florida, and the surrounding areas,
• Transact with the Company, affiliated businesses, advertisers, sponsors, and freelancers,
• Benefit from shared media hosting and measured use of your media,
• Access community news, tools, and information for your personal enjoyment and education, and
• Collaborate with other businesses and content creators through our business directory, events, forums, and groups for networking opportunities.

The use of our Sites is intended for your personal use or other uses consistent with our Terms, Policies and Agreements. The content included within our Sites may include, but not limited to, text, audio, artwork, graphics, logos, photographs, sounds, music, video, hyperlinks, computer code, the arrangement, structure, and the look and feel of the content (hereinafter referred to as “Content”). This Content is subject to and protected by trademarks, service marks, copyright, and other intellectual property right laws. The Content you produce belongs to you or is licensed to you, and the Content produced by the Company belongs to the Company or is licensed to the Company.

The Content that you view or download from the Sites must be for your personal use and cannot be reproduced, modified, or retransmitted in any way by any means including email, facsimile, and all other forms of electronic transmission unless you own the Content or have permission from the owner.

You agree that you will not attempt to discover, reverse engineer, translate, alter and /or disassemble any executable code or RSS feeds on our Sites. If you discover such information by accident or by specific intent, you agree to keep such information confidential. You understand that if you reveal such information then you are liable for serious civil and criminal and legal penalties. The Company will aggressively pursue its rights under criminal and civil law should you reveal such information.

ELECTRONIC COMMUNICATIONS

Visiting https://mixtheorystudios.com, https://mtsjax.fm, or sending emails to Mix Theory Studios, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

CHILDREN UNDER THIRTEEN

Mix Theory Studios, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

Our Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mix Theory Studios, Inc., and Mix Theory Studios, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mix Theory Studios, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mix Theory Studios, Inc. of the site, its content, or any association with its operators.

Certain services made available via our Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://mixtheorystudios.com and/or the https://mtsjax.fm domains, you hereby acknowledge and consent that Mix Theory Studios, Inc. may share such information and data with any third party with whom Mix Theory Studios, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of https://mixtheorystudios.com and https://mtsjax.fm users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use https://mixtheorystudios.com and https://mtsjax.fm strictly in accordance with these terms of use. As a condition of your use of the Sites, you warrant to Mix Theory Studios, Inc. that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of Mix Theory Studios, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Mix Theory Studios, Inc. content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mix Theory Studios, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mix Theory Studios, Inc. or our licensors except as expressly authorized by these Terms and Conditions.

INFRINGEMENT OF COPYRIGHT

Please notify the Company immediately if you own a copyright and you believe our Sites have infringed your copyright. Appropriate action will be taken as required by the Digital Millennium Copyright Act and any other applicable intellectual property laws. Please email any claims of copyright infringement to info@mixtheorystudios.com with the subject line: COPYRIGHT CONCERNS and include all pertinent and relevant information required in the notification as required by17USC512(c)(3).

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Sites without prior written approval:

• Government agencies;
• Search engines;
• News organizations; and
• Online directory distributors may link to our Sites in the same manner as they hyperlink to the Websites of other listed businesses.

These organizations may link to our home page, to publications or to other Sites’ information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our Sites.

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

We may consider and approve other link requests from the following types of organizations:

• System wide Accredited Businesses,
• commonly-known consumer and/or business information sources;
• com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals; and
• educational institutions and trade associations.

We typically will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Mix Theory Studios, Inc.; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Sites, you must inform us by sending an e-mail to info@mixtheorystudios.com with the subject line: Internet Link Affiliation Request. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Sites, and a list of the URLs on our Sites to which you would like to link. You may need to wait up to three (3) weeks for a response while we review your request and related sites.

Approved organizations may hyperlink to our Sites as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Sites being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Mix Theory Studios, Inc.’s logo or other artwork will be allowed for linking absent a trademark license agreement. Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Sites.

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

RESERVATION OF RIGHTS

We reserve the right to request that you remove all links or any particular link to our Sites. You must immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions at any time. By continuously linking to our Sites, you agree to be bound to and follow these Terms and Conditions, including changes and amendments.

USE OF COMMUNICATION SERVICES

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the Company, its affiliates, the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Mix Theory Studios, Inc. has no obligation to monitor the Communication Services. However, Mix Theory Studios, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mix Theory Studios, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Mix Theory Studios, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mix Theory Studios, Inc.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mix Theory Studios, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mix Theory Studios, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mix Theory Studios, Inc. spokespersons, and their views do not necessarily reflect those of Mix Theory Studios, Inc..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO OR POSTED ON ANY OF OUR SITES

Mix Theory Studios, Inc. does not claim ownership of the materials you provide to the Sites (including feedback and suggestions) or post, upload, input or submit to any Mix Theory Studios, Inc. Sites or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mix Theory Studios, Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mix Theory Studios, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mix Theory Studios, Inc.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

REMOVAL OF MATERIAL FROM OUR SITES

You understand that by using our Sites, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Sites at your sole risk and the Company shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you agree that the Company does not guarantee their accuracy.

The Company will consider requests, but is not obligated, to remove offensive content, links or shows from its Sites because such content is alleged to promote hate or violence. Requests to remove a show must contain a link to the show, the episode number or any identifying metadata, and the time stamp where the alleged offending content is occurring. The Company will not consider requests for removal if the request does not contain the requested information to include show link, episode, and time stamp. Send requests to info@mixtheorystudios.com.

It is possible that unauthorized users, or “hackers”, may post or transmit offensive or obscene materials or otherwise violate the Terms and Conditions for using the Sites with intent to harass or injure others. You understand and agree that by using the Sites, you may be involuntarily exposed to such unauthorized content. The Company will use its best efforts to remove such content when it is discovered or brought to the Company’s attention.

We do not ensure that the information on our Sites is correct. We do not warrant its completeness or accuracy; nor do we promise to ensure that the Sites remains available or that the material on the Sites are kept up to date.

INTERNATIONAL USERS

The services and uses of our Sites are controlled, operated, and administered by Mix Theory Studios, Inc. from our offices within the USA. If you access our Sites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mix Theory Studios, Inc. Content accessed through https://mixtheorystudios.com or https://mtsjax.fm in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mix Theory Studios, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mix Theory Studios, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mix Theory Studios, Inc. in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mix Theory Studios, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MIX THEORY STUDIOS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

MIX THEORY STUDIOS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MIX THEORY STUDIOS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIX THEORY STUDIOS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIX THEORY STUDIOS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Termination/Access Restriction

Mix Theory Studios, Inc. reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mix Theory Studios, Inc. as a result of this agreement or use of the Sites. Mix Theory Studios, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mix Theory Studios, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Mix Theory Studios, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, our Terms, Policies and Agreements constitutes the entire agreement between the user and Mix Theory Studios, Inc. with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mix Theory Studios, Inc. with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Mix Theory Studios, Inc. reserves the right, in its sole discretion, to change the Terms under which https://mixtheorystudios.com and https://mtsjax.fm are offered. The most current version of the Terms and Conditions will supersede all previous versions. Mix Theory Studios, Inc. encourages you to periodically review our Terms, Policies and Agreements to stay informed of our updates.

Contact Us

Mix Theory Studios, Inc. welcomes your questions or comments regarding Mix Theory Studios’ Terms, Policies and Agreements:

Mix Theory Studios, Inc.
Attn: Compliance Department
233 E Bay St, Suite 610
Jacksonville, Florida 32202

Email Address:
info@mixtheorystudios.com
Effective as of August 30, 2021