TERMS AND CONDITIONS FOR SUBSCRIPTION TO MIX WITH THE MASTERS:
Mix with the Masters (“MWTM”), a subsidiary of MAVEN S.A.R.L., offers subscription based access to tutorial videos (“Videos”), webinars, and one-day seminars (collectively “Services”) with Professional Sound Engineers, Mixers, and Producers (“Masters”) affiliated with MWTM. The terms and conditions listed below govern use of the Videos and Services provided by MWTM. The terms “User,” “Subscriber” “Member” “You” and “Your” in uppercase or lowercase shall mean the person entering into a Membership Agreement with MWTM. The “Membership Agreement” shall consist of these General Terms and Conditions and the transactional rates applicable to you. “Membership” shall refer to your access to the Videos and Services once you have agreed to the Membership Agreement and paid the transactional rate.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
1.1 Membership is available on a one year basis only.
1.2 Your Membership will be automatically renewed at the end of your one year Membership.
1.3 Membership grants you a nonexclusive, nontransferable, limited right to access the Videos and Services made available to you.
1.4 Subscriber’s access to the Videos and Services is personal and cannot be shared.
1.5 Downloading, reproducing, modifying, copying, filming, screenshooting, recording, transmitting, or distributing any of the Videos and/or Services either in whole or in part is prohibited. The Videos and Services are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use.
1.6 Under no circumstances may you offer any part of the Videos and/or Services for commercial resale or commercial redistribution in any medium or use the Videos and/or Services to compete with the business of MWTM.
1.7 Any educational uses of the Videos and/or Services must adhere to fair use principles under the copyright laws of the United States. Fair use is a doctrine that may not apply under copyright laws of jurisdictions other than the United States. You should not assume that you have the right to use the Videos and/or Services in accordance with fair use principles, and MWTM does not purport to grant you any such rights under this Membership Agreement.
1.8 You may not exploit the goodwill of MWTM, including its trademarks, service marks, or logos without the express written consent of MWTM. This includes indicating your use of MWTM’s Videos or Services to promote your work.
1.9 You are not permitted to ask a master with whom you had contact through MWTM Services for another free or paid Service using other communication tools than the ones provided by the MWTM platform.
1.10 If you are not a Subscriber, you are not permitted to access or use the Videos and/or Services for any purpose whatsoever. If you nevertheless access and use the Videos and/or Services without authorization, your access and use will be governed by these General Terms and Conditions and you will be liable to MWTM for any breach of the General Terms and Conditions as well as for unauthorized access and payment for your use at the rates outlined in the payment section of this agreement.
1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Videos and Services in any medium belongs to MWTM and/or its Masters. You do not acquire any proprietary interest in the Videos and Services except the limited rights granted herein.
2. ACCESS TO SERVICES
2.1 Access to Videos becomes available upon accepting the Membership Agreement and paying the current transactional rate.
2.2 Special rules and fees (see Payment section of this agreement) apply to the access of Services:
2.2(a) Access to webinars is on a first come, first serve basis and is limited to a total of 10 participants.
2.2(b) Access to one-day seminars is on a first come, first serve basis and is limited to a total of between 10 and 20 participants, as determined by MWTM and the Master leading the seminar.
2.2(c) Details, including location and time, for both webinars and one-day seminars will be confirmed once payment has been processed.
2.2(d) During webinars, Masters reserve the right to turn off video for technical reasons and to ensure a better interactivity.
2.2(e) A Member may choose to terminate any Service before the expected end time. The Master also has the right to discontinue any Service he/she is providing before the expected end time. In neither case will a Member be entitled to a refund, either partial or full, or credit toward another Service in the future.
2.3 MWTM has the right to delete, change, or add existing Videos and Services at any time.
3. LIMITED WARRANTY
3.1 MTWM represents and warrants that it has the right and authority to make the Videos and Services available to you as authorized expressly by this membership Agreement.
3.2 The Videos and Services are provided on an “as-is,” “as-available” basis and MWTM and/or its Masters expressly disclaim all other warranties, including the warranties of merchantability and fitness for a particular purpose.
4. LIMITATION OF LIABILITY
4.1 "Covered Party" means (a) MAVEN S.A.R.L., the parent company of MWTM, or any officer, director, employee, subcontractor, agent, successor, or assign of MAVEN S.A.R.L. and (b) MWTM and any officer, director, employee, subcontractor, agent, successor, or assign of MWTM.
4.2 A Covered Party is not liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from, but not limited to:
4.2(a) the content, accuracy, or completeness of Videos and Services,
4.2(b) the success, or lack thereof, of any project that you work on while using MWTM’s Videos and Services,
4.2(c) the unavailability or interruption of Videos and Services. You are responsible for the speed of your own internet and any impact that may have on your use of Videos and/or Services,
4.2(d) discussions with Masters during any and all Services, and
4.2(e) going to or from or while attending any one-day seminars.
4.3 To the fullest extent permissible by applicable law, under no circumstances will the aggregate liability of the Covered Parties in connection with any claim arising out of or relating to the Videos, Services, and/or this Membership Agreement exceed the lesser of your actual direct damages or the amount you paid for the Membership in the twelve month period immediately preceding the date the claim arose. Your right to monetary damages in that amount shall be in lieu of all other remedies, which you may have against any Covered Party.
4.4 Notwithstanding anything to the contrary in this Section 4:
4.4(a) If there is a breach of the warranty in Section 3.1 above, then MWTM at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party’s claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Videos and/or Services, asserted against you by such third party provided:
4.4(a)(i) all use of the Videos and Services was in accordance with this
4.4(a)(ii) you give MWTM prompt notice of any such claim; and
4.4(a)(iii) you give MWTM the right to control and direct the investigation, defense and settlement of each such claim. You, at MWTM’s expense, shall reasonably cooperate with MWTM in connection with the foregoing.
4.4(b) In addition to Section 4.5(a), if the Videos or Services or the operation thereof become, or in the opinion of MWTM are likely to become, the subject of a claim of infringement, MWTM may, at its option and expense, either:
4.4(b)(i) procure for you the right to continue using the Videos and Services,
4.4(b)(ii) replace or modify the Videos and/or Services so that they become non-infringing, or
4.4(b)(iii) terminate this Membership Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges.
4.5(c) The provisions of Sections 4.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
5.1 The Subscriber will pay the full cost of the year long Membership upon subscribing to Membership through PayPal or with a Credit Card.
5.2 The yearly transactional rate for Membership is subject to change at the discretion of MWTM and will apply to all Memberships entered into following the change in transactional rate. For the most current transactional rate of Membership please refer to the following: https://mixwiththemasters.com/register.
5.3 MWTM can offer discounts and promotions on Membership in general, as well as any and all individual Services.
5.4 Special fees apply to the use of Services:
5.4(a) The price of all Services will be determined by the Master offering that Service and will be displayed at the time you request and/or book that Service.
5.4(b) Payment via PayPal and Credit Card for Membership are processed upon registration. Payment for both webinars and one-day seminars is processed at the time of booking.
5.4(c) If the Master cancels a Service, you will be reimbursed for that Service and may request and/or book another Service.
5.4(d) If you cancel a Service, then you will not be reimbursed for the cost of that Service.
5.4(e) If either you or the Master cancels a Service, MWTM and/or its Masters will not reimburse other costs incurred in conjunction with that Services, including but not limited to travel and accommodation.
6. TERMINATION OF MEMBERSHIP AND/OR SERVICES
6.1 You have the right to cancel your Membership at any time but will not be refunded for payments already made and will be required to make any payments remaining on your one year subscription.
6.2 If you wish to cancel your Membership, you must contact MWTM at firstname.lastname@example.org
6.3 MWTM has the right to terminate Membership without refunding the Subscriber the cost of Membership, and MWTM has the right to deny the Subscriber Membership at any time in the future for reasons including, but not limited to, the following:
6.3(a) If it is in the best interest of MWTM as a business.
6.3(b) If it has been determined that you have in any way violated the Membership Agreement.
6.3(c) If you use content from any of the Videos and/or Services in any articles, forums, magazine, or blogs.
6.3(d) If you have acted in an inappropriate manner, including the disrespectful treatment of any other MWTM member.
6.3(e) If your use of the Videos and Services places an undue burden on our networks and/or servers.
6.4 MWTM has the right to cancel any reservations for Services
7.1 MWTM reserves the right, from time to time, with or without providing notice to you, to change these terms and conditions, and the most current version of the terms and conditions will supersede all previous versions.
7.2 The failure of you or MWTM to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
7.3 All registration information you submit must be accurate and update to date. Please keep your password confidential. You are responsible for all use on your account, including any breeches in copyright law, intellectual property right law, or any other law.
7.4 In the event of any dispute, claim, questions, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by confidential binding arbitration administered by the International Arbitration Rules of the International Centre for Dispute
7.5 This Membership Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Membership Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and
(b) such invalidity or unenforceability will not affect any other provision of this Membership Agreement.