Terms & Conditions

Welcome to Evermix, a service provided by Music Lives On Limited (“Evermix”, “We”, “Our” or “Us”).

We offer a text, video, music, metadata, DJ set, audio recording and image (“Content”) sharing, music discovery, hosting and social networking platform through Our website located at evermix.fm and any other related domains, mobile and desktop applications and Our related widgets, tools, players, applications, data, software and other services (“Our Services”).

These terms of use (together with any documents referred to in them) set out the terms on which you may use Our Services (but do not apply to any offline use of any Content or any other website or service, whether linked to from Our Services or otherwise), whether as a casual visitor to any of the websites which We operate, as a DJ (“DJ User”), or as a registered user for your own personal (rather than professional purposes as a DJ) user (“Registered User” -“use” includes, without limitation, accessing, browsing, posting and/or sharing Content to or registering to use Our Services).

Please read these terms of use carefully before you start to use Our Services, as these will apply to how you may use them and affect your legal rights and obligations. We recommend that you print or download a copy of these terms of use for your future reference as they set specifically out how We may use any Content which you post to Our Services, both now and in the future.

By Using Our Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use Our Services.

If you are under the age of 18, you must have your parent or guardian’s permission to use Our Services. If you are a parent or guardian and you allow your child to use Our Services, you agree to these terms of use on their behalf.

Please note that We do not actively monitor Content hosted on Our Services and that some of that Content may not be appropriate for you to view and may contain nudity, or profanity.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of Our Services:

  • Our Privacy Policy which sets out the terms on which We process any personal data and other information which We collect from you, or that you provide to Us. By Using Our Services, you consent to such use and processing and you warrant that all data provided by you is accurate;

  • Our Cookies Policy which sets out information about the cookies on Our Services;

  • Our Community Guidelines, which set out the ways in which you may use Our Services to interact with other Registered Users.

INFORMATION ABOUT US

evermix.fm is operated by Music Lives On Limited ("We" or “Us”). We are registered in England and Wales under company number 08816811 and have Our registered office at 112-114 Witton Street, Northwich, Cheshire CW9 5NW.

CHANGES TO THESE TERMS OF USE

We may change, add to or delete any of these terms of use for any reason, at any time and at Our sole discretion by amending the contents of this page. Please check this page from time to time to take notice of any changes We may have made, as they are and will be binding on you and affect how you may use Our Services. You may not make any changes to these terms of use, and We will not alter them to suit your own individual requirements.

CHANGES & ACCESS TO OUR SERVICES

As Our Services are constantly evolving, We may update, impose limits on any or all of their features, alter or otherwise change the content, functionality or availability of Our Services in any way, at any time and at Our sole discretion without prior notice to you. We do not guarantee that Our Services, or any Content on them, will be free from errors or omissions.

Our Services are made available free of charge, regardless of whether you use them as a Registered User, or as a DJ User. Access to Our Services is permitted on a temporary basis only, and We may at Our sole discretion suspend, withdraw, discontinue or change all or any part of Our Services or their functions and features without any prior or subsequent notice to you. We will not be liable to you, whether you are a DJ User or Registered User of Our Services, if for any reason they are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to and use Our Services, including your own internet connection and device. You are also responsible for ensuring that anyone who accesses Our Services through your internet connection and device are aware of these terms of use and Our other applicable terms and conditions, and that they comply with them.

ADVERTISING

Our Services may include advertisements, either as specific Content or promotions or by way of branded pages, which may be targeted towards or based upon Content or information posted to Our Services, queries made through them or any other information relating to Our Services or their Registered Users or DJ Users. The types of advertisements which may feature in Our Services will be subject to change as We evolve, and in consideration for Our granting you a licence to access and use Our Services, you agree that We, Our affiliates and any third-party advertiser may display advertising on Our Services or in connection with the display of Content or information from Our Services, whether posted by you or any other DJ User or Registered User of Our Services.

Where Our Services contain links to other sites and resources provided by third parties by way of any advertisement or branded Content, these links are provided for your information only. We have no control over the contents of those sites or resources.

YOUR ACCOUNT AND PASSWORD

To fully use Our Services and to be able to post Content, either as a Registered User or a DJ User, you must register by providing an e-mail address and password or by Using a social login via Facebook or any other social media platform which we may support from time to time (see below). We encourage you to use your real or Usual stage name in your profile, and you must not use someone else’s name in or as your profile or select a name which violates any third party intellectual property right, is obscene, defamatory, constitutes a breach of privacy, a criminal offence or is otherwise, in Our sole discretion objectionable or a breach of Our Community Guidelines or these terms of use generally.

You must treat your password and any other login information as confidential and must not disclose them to any third party. We reserve the right to disable any account, username or password, whether chosen by you or allocated by Us, at any time, if in Our sole opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows or may have used your username or password, you must notify Us immediately at hello@evermix.fm.

We may, at Our sole discretion, allow you to create, authorise and sign into an account on Our service Using a third party platform such as Twitter or Facebook. By Using those third-party services to do so, you confirm that you agree to their terms of use, privacy policy and any other agreements or documents which set out the terms of your relationship with them and use of their services, which is separate from your relationship with Us and your use of Our Services.

YOUR LICENCE TO USE OUR SERVICES

Registered Users

We grant Registered Users a limited, non-exclusive licence to access and use Our Services for your own purposes, and to view, comment on, like, repost and share any Content posted by Registered Users and/or DJ Users of Our Services, to stream DJ User audio sets, view Content added by DJ Users and any posts by DJ Users Using the hashtag #evermix, view DJ User profiles, search for venues, club nights and DJ Users, mark that you attended an event, add photos to events, view other Registered Users and contacts from other social media platforms at an event, mark specific moments in DJ User sets, follow venues, club nights and DJ Users, save (but not download) mixes, view saved mixes, view “Moments”, view “Friends” among other Registered Users and DJ Users, view venues, club nights and DJ Users which you follow, and view your recent activity only Using Our Services – this licence does not allow you to use any Content posted on Our Services on another site or platform, or in any manner which does not involve Our Services. Your licence to use Our Services granted by these terms of use is personal to you and may not be assigned, transferred or sub-licensed to anyone else.

DJ Users

We grant DJ Users a limited, non-exclusive licence to access and use Our Services for your own purposes, and to upload Content to profiles (including photos, biographies and URLs linking to official websites), to record and upload audio Content from sets via mobile devices in uncompressed .wav, 320kbps, 192kbps format, add venues Using Foursquare location-based services, the name, descriptions, genres of club nights and Content relating to them both generally and connected specifically to any recorded and/or uploaded set or upload sets and track listings (Using the “Musicbrainz” database) and metadata related to such sets from mobile and desktop devices to Our cloud-based servers to make them accessible to other Registered Users or DJ Users only Using Our Services – this licence does not allow you to use Content posted by other Registered Users or DJ Users on Our Services on another site or platform, or in any manner which does not involve Our Services. Your licence to use Our Services granted by these terms of use is personal to you and may not be assigned, transferred or sub-licensed to anyone else.

INTELLECTUAL PROPERTY RIGHTS IN CONTENT AND OUR SERVICES

We are the owner or the licensee of all present and future intellectual property rights in Our Services and any content which they contain which is not or has not been posted or submitted by Registered Users or DJ Users (including, but not limited to, software, documentation, images, text, videos and databases), whether as DJ Users or Registered Users. This Content and all other content are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use, copy, reproduce, distribute or otherwise make any use other than strictly in accordance with these terms of use any part of Our Services or any Content hosted on them for commercial or any other purposes (other than your use of Our Services in accordance with these terms) without obtaining a licence to do so from Us or the relevant DJ User or Registered User. If you make any use of Our Services or any Content hosted on them in any way which in Our sole opinion is in breach of these terms of use, your right to use Our Services and any Content hosted on them will cease immediately and you must delete any copies which you may have made.

We respect the intellectual property rights of others. If you believe that your intellectual property rights (whether copyright, trade marks or otherwise) have been infringed in any way by Our Services or any Content hosted on them, please contact Us at hello@evermix.fm.

ACCOUNT SUSPENSION & DELETION

You may delete your account with Us to use Our Services at any time and for any reason.

We may, at Our sole discretion, suspend, delete or otherwise terminate accounts or block or remove any Content which you have posted or posted to Our Services if any such Content is, in Our sole opinion, in breach of any of these terms of use, may expose Us to legal action or legal or criminal liability or penalty or may damage Our reputation, either on our own initiative or as a result of any report from a Registered User, DJ User or third party.

If We delete, suspend or otherwise terminate your account for any of these reasons, you may not register for another account to use Our Services and We may, in Our sole discretion, block your e-mail address or social media profile and IP address to prevent any such further registration.

In the event of Our termination of your account, any and all licenses granted by Us to you to use Our Services or any Content hosted on them will immediately terminate and any Content which you may have posted or submitted or posted to Our Services may no longer be available to you for any other use. If your Content is important to you, and especially if you are a DJ User, We suggest that you keep a backup copy.

NO RELIANCE ON INFORMATION

The Content on Our Services is provided for your personal (and, in the case of DJ Users, promotional) use only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on Our Services, whether posted by Us or by any of Our DJ Users or Registered Users.

Although We make reasonable efforts to update the information on Our Services, We do make any representations, warranties or guarantees, whether express or implied, that the Content on Our Services is accurate, complete, current or up-to-date.

Specifically, We shall not be responsible or liable for the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to any Content on Our Services. We do not endorse any Content or any opinion, recommendation or advice expressed therein.

YOUR REPRESENTATIONS AND WARRANTIES

Whenever you make use of a feature that allows you to post Content to Our Services or to make contact with other Registered Users or DJ Users of Our Services you must remember that you are responsible for all Content which you post on Our Services, and assume all risk in relation to it. You hereby acknowledge that Our Services and We act as a mere conduit and/or host for the uploading, storage and distribution of such Content and that, to the fullest extent permissible by law, We exclude all liability with respect to any and all Content and the activities of Registered Users or DJ Users.

By Using Our Services to post Content to them, you represent and warrant that:

  • You have the full right and capacity to enter the contract to use Our Services as per these terms of use;

  • You will not post material which may damage Our business or reputation;

  • You will not use Our Services for any purpose which is unlawful or contrary to these terms of use;

  • all or any part of any Content which you post to or Using Our Services is an either an original work which has been created solely by you, or alternatively that you have obtained any and all necessary rights, licenses consents or permissions (including any relevant PRS or other licence relating to the activities of DJ Users and the posting of recording of sets and audio ontent and dissemination via Our Services) which you may need in order to use and to authorise Us to make use of such Content pursuant to these terms of use including, without limitation, the right to copy, issue copies to the public, perform, show or play in public, communicate to the public, make an adaptation of or do any of the above in relation to an adaptation of such Content on, through or via Our Services or those of Our affiliates;

  • any such Content and its presence on Our Services does not and will not infringe any rights of any third party including, without limitation, any intellectual property (including in respect of confidential information) or performers’ rights or any right of privacy;

  • You have obtained any and all necessary consents, permissions or releases to use and publish via Our Services (and those of Our affiliates) the name, voice, performance or likeness of any identifiable person other than yourself appearing in any such Content;

  • any Content posted or submitted to Our Services and any comments made by you in relation to any Content posted by other Registered Users or DJ Users is not and will not (at Our sole discretion) be unlawful, illegal, offensive, abusive, defamatory, constitute a breach of privacy or criminal offence or promote violence, terrorism or other illegal acts including the incitement of hatred or discrimination on the grounds of race, gender, religious or political belief or sexual orientation or otherwise constitute a breach of our Community Guidelines; and

  • any such Content does not and will not create any liability (whether civil, criminal, contractual, tortious or otherwise) on Our part or that of Our subsidiaries, affiliates, successors, and assigns, and Our and their respective employees, agents, directors, officers and/or shareholders.

Any unauthorised use of Content protected by copyright within Content posted by a DJ User or Registered User (including by way of reproduction, distribution, modification, adaptation, public display, performance, creation of derivative works, making available or otherwise communicating the same via Our Services) is strictly prohibited.

You will be liable to Us and indemnify and hold Us, our affiliates, offers, managers, members, agents and employees harmless in full for any breach of these warranties, Your use of Our Services for any breach or these terms of use more generally. This means that you will be responsible for any and all loss or damage which We may suffer as a result of your breach of these warranties or these terms of use.

Any Content which you post to Our Services will not be considered confidential or proprietary. You retain ownership of your Content when posting it, but by Using Our Services to post Content of any kind, you grant to Us and Our affiliates a limited, worldwide, non-exclusive and royalty-free licence to use, store, copy, modify, adapt, transmit, distribute, publicly perform and display (in all media or formats now known or hereafter created) that Content and make it available to third parties, to display your Content on third party websites and applications Our API, to other Registered Users and DJ Users and embed your Content on third party websites for their own non-commercial purposes, and to Us to use your Content to promote Our Services. We will not sell or transfer your Content to any third party without your permission save in the event that Our business is purchased.

You also waive any moral rights or equivalent rights which may prevent Us or Our affiliates from exploiting the rights granted above.

You also grant to all Registered Users and DJ Users of Our Services a limited, worldwide, non-exclusive and royalty-free licence to modify, adapt, transmit, distribute, publicly perform and display your Content only by Using Our Services to view, comment on, like, repost and share any of your Content.

Your licences to Us, Our affiliates and other Registered Users and DJ Users of Our Services will continue unless and until you actively remove any relevant Content from Our Services. We are under no obligation to delete all Content which you may have posted or submitted to Our Services in the event that you delete your account, although we may, in our sole discretion maintain a backup or other copy of any Content (including sets) posted by DJ | Users.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or posted or submitted by you to Our Services constitutes a violation of their intellectual property rights, of their right to privacy or to any relevant law enforcement authority in the event of their suspicion of a criminal offence involving any such Content.

We have the right to remove any Content which you may upload or post to Our Services if, at Our sole discretion, your Content does not comply with these terms of use or Our Community Guidelines.

As We are a forum for the posting of third party Content, the views expressed by Registered Users or DJ Users of Our Services do not represent Our views or values or those of Our affiliates and We accept no liability in relation thereto.

Please remember that when you post Content on Our Services, it may be seen by other Registered Users and DJ Users of Our Services anywhere around the world. You can control who has access to your Content by adjusting your privacy settings, either through Our Services or via Facebook’s own privacy centre in the event that you become a Registered User or DJ User by Using a social login, and We strongly urge that you spend some time considering them prior to Using Our Services.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We do not guarantee or make any representation or warranty:

  • that Our Services, or any Content on them, will always be available or be uninterrupted;

  • concerning any Content hosted on Our Services, whether posted by Us or any Registered User or DJ User,

  • concerning any third party use of Content posted or submitted to Our Services;

  • that any Content posted or submitted to Our Services will be made available, either immediately or otherwise, on Our Services or hosted on Our Services;

  • that Our Services will meet the business, professional or any other specific needs of any Registered User or DJ User or

  • that We will continue to support any particular feature of Our Services.

To the fullest extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Services or any Content on them, whether express or implied.

We will not be liable to you, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Your use of, or inability to use, Our Services; or

  • the transmission, receipt, availability, use of or reliance on any Content displayed or hosted on Our Services.

We provide Our Services for the personal use of Our Registered Users or DJ Users. Please note that in particular, We will not be liable to you (whether a Registered User or DJ User) for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation;

  • loss of data or Content; or

  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, hacking or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Services or to your downloading of any Content on them, or on any website linked to it.

We assume no responsibility for the Content of or products or services provided or promoted by websites linked to on Our Services or in any advertisement which may be delivered as a result of your use of Our Services, either by Us or any Registered User or DJ User of Our Services via posted Content or otherwise. Such links should not be interpreted as endorsement by Us of any such linked websites. We will not be liable for any loss or damage that may arise from your use of them and Our linking to any third party website, in advertisements, via branded content or otherwise, does not constitute Our endorsement of them or any products or services which they may provide.

VIRUSES

We do not and cannot guarantee that Our Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access Our Services. You should use your own virus protection software and make any other arrangements which you deem necessary to protect your own equipment when Using Our Services.

You must not misuse Our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Services, the server on which Our Services are stored or any server, computer or database connected to Our Services. You must not attack Our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would potentially commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Services will cease immediately and permanently.

LINKING TO OUR SERVICES

You may link to Our Services, (but not in such a way as to reproduce any Content) provided that you do so in a way that is fair and legal and does not damage Our reputation or take any unfair advantage of it. We reserve the right to withdraw linking permission to any Registered User or DJ User without notice and at Our sole discretion.

Any website to which you are linking must comply in all respects with the Content standards set out in these terms of use and Our Community Guidelines, and specifically their guidelines on Content.

OTHER IMPORTANT TERMS

Headings used in these terms of use are for convenience only and shall not be used to construe them.

By Using Our Services and registering as a Registered User or DJ User or by otherwise providing your e-mail address or other data which identifies you as an individual, you confirm that agree and consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email to any details which you provide when first registering to use Our service or by posting them on Our Services. For support-related or legal enquiries, you may contact Us at the following address: hello@evermix.fm.

We may transfer Our rights and obligations under Our contract with you relating to your use of Our Services to another organisation, but this will not affect your rights or Our obligations under these terms of use.

You may only transfer your rights or your obligations under these terms of use to another person if We agree to such transfer in writing.

Your contract and licence to use Our Services is between you and Us. No other person shall have any rights to enforce any of its terms as set out in these terms of use, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If We fail to insist that you perform any of your obligations under these terms of use, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

Please note that these terms of use are governed by English law. This means that your contract with Us for the use of Our Services and any dispute or claim arising out of or in connection with them will be governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. You acknowledge that, in the event of a breach of this agreement by Us or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Us, including with respect to any Content which you may post to Our service, and your only remedy shall be for monetary damages, subject to the limitations of liability set out in these terms of use.