Welcome to Mixcloud Select! At Mixcloud, we firmly believe in empowering the creator, and that’s what Mixcloud Select is about.
These Terms & Conditions are split into 2 sections, terms of use for the listener (“Listener”) and terms of use for the creator who has a Mixcloud Select channel (“Creator”) (together, the “Mixcloud Select Terms & Conditions”).
Your usage of Mixcloud Select is also subject to the General Terms of Use (which encompasses, for the avoidance of doubt, the Privacy Policy, the DMCA Policy and the Cookies Policy).
This section sets out the terms of use by the Creator (or “you” in this section) of Mixcloud Select (the “Creator Terms of Use”).
1.1. For the avoidance of doubt, any audio, images, commentary or another content submitted by you (the “User Content”) to the Mixcloud Platform will be subject to the General Terms of Use, in particular sections 11 and 12. Any use of Mixcloud Select in contravention of the General Terms of Use shall be grounds for immediate termination of your Mixcloud Select account pursuant to section 6 below.
1.2. You acknowledge that any musical works uploaded as part of your User Content will remain the property of the underlying rightsholders and that you will not gain any rights in the musical works by virtue of uploading to the Mixcloud Platform or participating in Mixcloud Select.
1.3. You acknowledge that Mixcloud has no control over, and no duty to take any action regarding, which listeners decide to access the User Content, as long as they are complying with the Listener Terms of Use and the General Terms of Use.
2.1. You can choose the initial monthly price of access to your Mixcloud Select channel (the “Subscription Price”). The Subscription Price must be set in Euros, British Pounds or American Dollars (the “Designated Currency”) and must be above EUR/GBP/USD 2.99 per month. This is to ensure that all relevant rightsholders and stakeholders are paid.
2.2. You may change the Subscription Price by contacting Mixcloud. If you increase your Subscription Price, your existing subscribers will continue to be charged the price they were charged when they first subscribed. Only new subscribers will be charged the new Subscription Price. If you reduce your Subscription Price, existing subscribers will be notified of the price change.
2.3. You may change the Designated Currency by contacting Mixcloud. You can change your Designated Currency no more than once per 30 calendar days.
2.4. You hereby acknowledge that the Subscription Price will be distributed to you, the artists featuring in your User Content, the rightsholders, Mixcloud and our third-party suppliers.
3.1. The amount due to you in connection with each subscription will vary depending on the currency the subscriber chooses to make payment in. Although you will only be able to make withdrawals in your Designated Currency, a subscriber can elect to make payment in any currency and you will bear the cost and risk of any foreign exchange and associated processing fees necessary. For example, if you set your Subscription Price at GBP 5.00 and a subscriber elects to pay in USD, he will be charged USD 5.00. This USD 5.00 will be converted into its equivalent GBP amount (working in conjunction with our third party payment processor), which will be the amount due to you.
3.2. You must agree a current, valid, accepted payment method (such as bank account or paypal) with Mixcloud (the “Elected Payment Method”). You are solely responsible for any credit card fees, banking charges or any other charges associated with receiving payments in the Designated Currency via your Elected Payment Method. You hereby warrant and represent that you have the requisite authority to designate the Elected Payment Method.
3.3. Payment by Mixcloud will start once you have reached a threshold of EUR/GBP/USD 50 (corresponding with your Designated Currency) (the “Minimum Withdrawal Amount”). If you wish to withdraw less than the Minimum Withdrawal Amount (for example, because the amounts in your account are less than the Minimum Withdrawal Amount), please contact us directly.
3.4. We may prohibit access to the funds due to you and hold payments in instances where:
3.4.1. required by law or a regulatory authority (such as a tax authority); or
3.4.2. we suspect you are engaging in abuse or fraudulent activity on the Mixcloud Platform.
In such instances of cancellation, no refund will be payable by us.3.5. Apart from VAT, we do not handle tax payments and you will remain fully responsible for fulfilling the relevant tax obligations in your jurisdiction. We will be responsible for VAT payments to the relevant tax authorities and we will charge the Subscriber for VAT on top of the Subscription.
4.1. The Creator Terms of Use, and any rights, obligations or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mixcloud without restriction. Any assignment attempted to be made in violation of the Creator Terms of Use shall be void.
5.1. You can disable your Mixcloud Select account at any time through contact with the Mixcloud Support or Mixcloud Community teams.
5.2. If you choose to do so, all outstanding funds in your account will be remitted to you at the end of the billing month.
5.3. We can terminate or suspend your Mixcloud Select account at any time at our discretion, including, but not limited to:
5.3.1. as a result of your breach of the Creator Terms of Use and/or General Terms of Use;
5.3.2. as required by law or a regulatory authority (such as a tax authority); or
5.3.3. any abuse or fraudulent activity on the Mixcloud Platform;
Upon suspension, all funds in the account will be remitted back to you (except where subsections 5.3.2 and 5.3.3 apply), and no further payments will be accepted.5.4. All provisions of these Creator Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, the disclaimer.
You agree to indemnify, hold harmless, and keep Mixcloud Limited, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Creator Terms of Use, including, without limitation: (a) your use of the Mixcloud Platform; (b) your violation of these Creator Terms of Use or any law, rule or regulation; (c) your User Content; or (d) your placement or transmission of any of your User Content or any other content or materials on or through the Mixcloud Platform. You will cooperate as fully and reasonably as required by Mixcloud in the defence of any claim. Notwithstanding the foregoing, Mixcloud retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Mixcloud herein under the terms and provisions of this Section 6 and in no event shall you settle any such claim without Mixcloud’s prior written approval.
IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THE GENERAL TERMS OF USE, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATION AS TO THE ENGAGEMENT THAT YOUR USER CONTENT YOU SUBMIT WILL GENERATE ON THE MIXCLOUD PLATFORM. ANY USER CONTENT THAT YOU UPLOAD ONTO THE MIXCLOUD SELECT CHANNEL IS AT THE SOLE DISCRETION OF THE CREATOR. OTHER THAN ENSURING THE COMPLIANCE OF THE CONTENT WITH THE GENERAL TERMS OF USE AND THE MIXCLOUD SELECT TERMS & CONDITIONS, WE DO NOT SCREEN THE USER CONTENT IN ANY WAY.
8.1. These Creator Terms of Use and any related dispute or claim (contractual or non-contractual) shall be governed by English law, and subject to the exclusive jurisdiction of courts of England.
8.2. If any provision or provisions of these Creator Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
This section sets out the terms of use by the Listener (or “you” in this section) of Mixcloud Select (the “Listener Terms of Use”).
Certain features of the Mixcloud Platform are only available to registered users who purchase a Individual Station Subscription or Mixcloud Premium Subscription (together, the “Subscription Services”) which are detailed below.
1.1. By subscribing to a Mixcloud Select Channel (the “Individual Station Subscription”), you will have access to the following enhanced functionality in respect of the Mixcloud Select Channel (and the shows contained therein) which you are subscribed to:
1.1.1. Removal of advertising: there will be no advertising (other than any advertising in the audio of a show created by the relevant Creator);
1.1.2. Visible tracklists: it will be possible to view tracklists of the content available on that Mixcloud Select station. However, we make no guarantees or representations as to the accuracy and comprehensiveness of the tracklists, which requires the Creator’s input;
1.1.3. No scrubbing restrictions: you will be able to rewind, forward and skip to a particular section within any show;
1.1.4. Offline Listening: you will be able to download shows for offline listening (solely and exclusively on the Mixcloud Platform) on your Registered Devices. You have the ability to designate up to a maximum of three (3) devices as registered devices via an authentication process (the “Registered Devices”). Once you have reached the maximum of 3 Registered Devices, you will only be able to change the Registered Devices every 6 months thereafter.
1.2. You must have a Mixcloud account in order to access the Subscription Services.
1.3. The Subscription Services will only be accessible on certain compatible devices.
1.4. Upon termination of your Subscription (as defined below), you will lose access to the enhanced functionality of your Subscription Service described in section 1 above. In particular, any content you have downloaded for offline listening on the Individual Station Subscription service will only be available offline during the term of your Individual Station Subscription and following the termination of your Subscription Service, we reserve the right to make such content no longer available for offline listening.
1.5. We reserve the right to offer and provide access to the Subscription Services only in territories we have the requisite licensing rights for. The shows that are available in the Subscription Services may vary by geographic location and may change from time to time.
2.1. After you have selected a Subscription Service and inputted your payment information, we will send you a confirmation email confirming the details of your Subscription. The confirmation email forms a binding contract between Mixcloud Limited and you in relation to the provision of the Subscription Services, as governed by the terms of these Listener Terms of Use (the “Subscription”).
2.2. By signing up to a Mixcloud Select Channel for the Individual Station Subscription, you hereby agree to pay the subscription fee for that Mixcloud Select Channel, as determined by the Creator, on a monthly basis (in accordance with Section 2.5 of these Listener Terms of Use below) (the “Individual Station Subscription Fee”) until your termination of the Subscription.
2.3. You may elect to make payment via a current, valid, accepted payment method that is presented to you during the purchase process (the “Elected Payment Method”). You hereby warrant and represent that you have the requisite authority to designate the Elected Payment Method.
2.4. For your first Subscription, You will be billed for the monthly Individual Station Subscription Fee or Premium Subscription Fee (as appropriate) immediately upon the confirmation of the Subscription via email (the “Initial Subscription Date”). Subsequently, you will be billed for the monthly Subscription Fee on the same day of every month as the Initial Subscription Date (the “Recurring Subscription Day”, with each such monthly period being a “Monthly Billing Cycle”). If a month does not have the Recurring Subscription Day, you will be billed on the last day of that month.
2.5. If you have multiple Subscriptions, your initial bill for any additional Subscription will be at a reduced rate (billed on the date you subscribe to that additional Subscription), the reduction being proportionate to the amount of days left until your next Recurring Subscription Day. Subsequently, you will always be billed for all of your Subscriptions in one transaction on your Recurring Subscription Day. By way of illustration:
If your first subscription takes place on the 10th day of the month, your Recurring Subscription Day will be the 10th day of every month.
If you then subscribe to another Mixcloud Select Channel on the 20th day of the month, your first payment in respect of that Mixcloud Select Channel will be immediately billed on that date at a reduced rate (10 days less than the full monthly amount). Going forward, you will be billed for all of your Subscriptions in one transaction on your Recurring Subscription Day, being the 10th day of every month.
2.6. Your Subscription will continue until terminated by you. If you do not terminate your Subscription prior to the commencement of a Monthly Billing Cycle, you will be billed for your entire Subscription fee for that Monthly Billing Cycle. We do not offer issue partial refunds for unused time in a Monthly Billing Cycle for which you have already paid, but you will not be charged for any following monthly billing cycles.
3.1. You may terminate your Subscription at any time by electing to do so in accordance with the instructions provided on the Mixcloud Platform.
3.2. Mixcloud reserves the right to suspend and terminate your Subscription with immediate effect and without notice if Mixcloud determines in its reasonable discretion, that:
3.2.1. you have breached these Listener Terms of Use and/or the General Terms of Use; or
3.2.2. you are engaged in any abuse or fraudulent activity on the Mixcloud Platform;
Please note that we will not offer a refund if your Subscription is terminated for breach of these Listener Terms of Use and/or the General Terms of Use.3.3. In the event that Mixcloud is prohibited from taking payment via your Elected Payment Method or a payment is not fully settled promptly, we will send you a notice of this in order so that you may remedy it. Failure to subsequently supply a valid Elected Payment Method will lead to Mixcloud suspending and termination your Subscription immediately and without further notice.
3.4. Nothing in this section 3 shall prejudice the rights of Mixcloud as set out in the General Terms of Use.
3.5. All provisions of these Listener Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, the disclaimer and the indemnity.
4.1. We will process your data in accordance with the terms of our Privacy Policy.
4.2. When you subscribe to a Mixcloud Select Channel, the Creator of the Mixcloud Select Channel will only be able access information that is made publicly available by you on the Mixcloud Platform. We will not pass any other personal information to the Creator.
You agree to indemnify, hold harmless, and keep Mixcloud Limited, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Listener Terms of Use including, without limitation: (a) your use of the Mixcloud Platform; (b) your violation of these Listener Terms of Use or any law, rule or regulation. You will cooperate as fully and reasonably as required by Mixcloud in the defence of any claim. Notwithstanding the foregoing, Mixcloud retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Mixcloud herein under the terms and provisions of this Section 5 and in no event shall you settle any such claim without Mixcloud’s prior written approval.
IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THE GENERAL TERMS OF USE, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATION AS TO THE CONTENT OF ANY SHOWS OR AVAILABILITY OF ANY SHOWS THAT ARE AVAILABLE, OR WILL BE AVAILABLE, ON THE MIXCLOUD PLATFORM, INCLUDING FOR THE AVOIDANCE OF DOUBT, ANY MIXCLOUD SELECT CHANNEL FOR WHICH YOU ARE SUBSCRIBED TO. ANY CONTENT THAT IS UPLOADED IS AT THE SOLE DISCRETION OF THE CREATOR AND UNDERLYING RIGHTSHOLDER. OTHER THAN ENSURING THE COMPLIANCE OF THE CONTENT WITH THE GENERAL TERMS OF USE AND THE MIXCLOUD SELECT TERMS & CONDITIONS, WE DO NOT SCREEN THE CONTENT IN ANY WAY.
7.1. These Listener Terms of Use and any related dispute or claim (contractual or non-contractual) shall be governed by English law, and subject to the exclusive jurisdiction of courts of England.
7.2. If any provision or provisions of these Listener Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
7.3. Mixcloud may, from time to time, change these Listener Terms of Use. We will notify you reasonably in advance before such changes apply to you.