Terms of Use

1. User Agreement and Your Account

1. These terms and conditions (together with additional terms posted on the Website from time to time, which are incorporated by this reference, “User Agreement ”), shall govern your use of the Platform and the Services. By accessing or using the Platform or the Services you agree to be bound by this User Agreement. Please note that you must be at least 16 years old to use the Platform or the Services. If you use the Platform or Services (or open a Mixcloud account) on behalf of a group, company, entity or organisation (each being a “Group”), then you represent and warrant that you: (i) are an authorised representative of the Group with the authority to bind the Group to this User Agreement; and (ii) shall procure that all members of your Group shall comply with this User Agreement.
2. We may add, delete or amend parts of this User Agreement at our sole discretion and at any time without prior notice to you. Please refer to this User Agreement as posted on the Website from time to time to make sure you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the then-current User Agreement as revised and posted here.
3. In order to access some features of the Platform and/or the Services you will have to create an account. You agree to provide to Mixcloud only information which is true, accurate, complete and not misleading and to ensure that all such information is kept accurate and up-to-date at all times. When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you must keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your account ID or password), you will immediately notify Mixcloud. You may be liable for any loss incurred by Mixcloud (or other users) resulting from any unauthorised use of your account. You further agree to not select or use as an account name or User Submission identifier any name that is already in use or impersonates another user or Group or that (in our sole discretion) is offensive..
4. We may at any time terminate this User Agreement at any time if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You may terminate this User Agreement at any time on ninety (90) days’ notice by closing your account in accordance with the account closing procedures set out on the Website. Termination of this User Agreement will not release either party from any of its obligations hereunder which are intended to have a continuing effect. Upon termination of your user account or access to the Website, or upon demand by Mixcloud, you must destroy all materials obtained from the Platform and all related documentation.
5. To keep your account active, be sure to log in and listen or upload a piece of audio content at least every 6 months. Accounts may be permanently disabled due to prolonged inactivity (based on a combination of listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.

2. Description of Website and the Services

The Platform provides users with access to the Services and other online tools and resources such as audio, personalised content, social features and targeted advertising messages. The Platform enables you to upload, share and discover audio and personalised content, including by uploading collections of sound recordings (provided that each has been previously released to the public with the permission of the applicable copyright owners, "Audio Content") and sharing that Audio Content with all other users by way of streaming via the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to this User Agreement. We may add, amend or remove, or impose limits or restrictions on, any feature or aspect of the Platform at any time without notice.

3. Intellectual Property Ownership and Licence

All, content and materials and the copyrights, trademark rights, database rights, design rights and other intellectual property rights subsisting in any element or aspect of the Platform including without limitation source and object code, documentation, software, graphics, text, images, designs, videos, sounds, animations, databases, logos, domain names, trade names and trade identities, (together, the "Content") is the property of Mixcloud and/or its licensors. For the avoidance of doubt, User Submissions (as defined below) and other content submitted by users to the Platform is and shall remain the property of the relevant User or other licensor.

Unless expressly granted hereunder, no rights in or to the Content are granted to you. The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side-loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Platform.

Subject to your strict compliance with this User Agreement, Mixcloud grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

• listen to audio streamed from the Website;
• submit or upload audio, images and other content to the Website;
• embed Mixcloud widgets on your personal website, blog or social network profile pages for non-commercial and private use only; and
• participate in the Mixcloud social features and communicate with other members of the Mixcloud community (though you may not embed or otherwise exploit Mixcloud widgets for commercial gain, including without limitation selling advertising on your website or otherwise monetising any element of your website). Mixcloud reserves the right, in its sole discretion, to determine whether such use constitutes commercial use or otherwise involves commercial gain.

Mixcloud, its affiliates and other designees shall have the right (but not the obligation) to refuse to post or otherwise use, and/or to remove or withdraw any User Submission (or other user-generated content on the Platform) in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

4. Linking and Widget Policy

Links and widgets enable our users to share Mixcloud with their friends. You are strictly prohibited from using any of the Mixcloud widgets for any form of commercial use (unless pursuant to prior written consent and an agreement from Mixcloud). Any link to the Website or Mixcloud widget shall be subject always to the following:

• You may not use any Mixcloud link or widget for any commercial use;
• You may link to, but not extract, copy, replicate or retransmit any Content;
• You may not imply that Mixcloud endorses or sponsors any third-party website or product;
• You may not present false or misleading information about Mixcloud or its products or services.
• Your (and each relevant third party’s) website may not contain any content that is illegal, obscene or defamatory, or that could be construed (in our sole discretion) as distasteful, offensive or controversial or support, endorse or encourage piracy or unauthorised use of intellectual property rights.

If you are the operator of a commercial website and would like to include Mixcloud widgets in your website, or if you would like to request use of widgets for commercial purposes, please contact us by emailing support@mixcloud.com. Please note that Mixcloud reserves the right to object to any/or remove links or block Mixcloud widgets at any time and for any reason in its absolute discretion.

5. User Code of Conduct

1. As a condition of your use of the Platform or the Services, you agree:
   1. not to use the Platform for any purpose that is unlawful or prohibited by this User Agreement and to comply with applicable law. Access to or use of the Platform from territories where such access or use is unlawful is strictly prohibited. You further agree not to engage in unauthorised sharing of any Content (including without limitation individual sound recordings embodied in Content) with any other user of the Platform or any third party.
   2. not to use the Platform other than for your own personal, private, non-commercial use, and/or reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any item in or element of the Platform.
   3. not to defame, harass, abuse, threaten, stalk or defraud other users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent.
   4. not to intentionally interfere with or damage, impair or disable the operation of the Platform or any other user’s enjoyment of it, by any means (including without limitation uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code).
   5. not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, including without limitation features that prevent or restrict the use or copying or that enforce limitations on the use of the Platform.
   6. not to attempt (and to not assist or facilitate others to attempt) to gain unauthorised access to the Platform (or any part of it or accounts, computer systems or networks connected to the Platform) through hacking, password mining or any other means; or interfere (and to not attempt to interfere) with the proper working of the Platform or any activities conducted on the Platform.
   7. not to obtain or attempt to obtain any Content through any means not intentionally made available by Mixcloud through the Platform, not modify the Platform in any manner or form, and not use any modified version of the Platform for any reason (including, without limitation, for purposes of obtaining unauthorised access to the Platform).
   8. not to use any robot, spider, scraper, or other automated means to access the Platform for any purpose or bypass our robot exclusion headers or other measures we may use from time to time in connection with access to the Platform.
   9. not to utilise framing techniques to enclose or otherwise in relation to any trademark, logo, or other Content or use any meta-tags or any other "hidden text" involving Mixcloud’s trademarks.
   10. not to use videos or images that you do not have the rights for within any visual live streams and not to utilise framing techniques to enclose (or otherwise use in relation to) any trademark or logo that you do not have the rights for within any visual live streams.
   11. promptly on request to remove any links that Mixcloud determines may be objectionable in its sole discretion and not use any Mixcloud logos, graphics or trademarks as part of any link.
   12. not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users (including without limitation unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).
   13. not to reverse engineer, decompile, disassemble or otherwise attempt to discover or reveal the source code of the Platform or any part thereof.
   14. not to modify, adapt or translate the Platform or any part thereof.
   15. not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.
   16. not to use the Platform for any purposes whatsoever connected with generative artificial intelligence (AI) technologies that have been trained on with copyright protected content on the Platform, unless such use has been authorised by all relevant rights holders. For the avoidance of doubt, this prohibits: (i) Scraping any text, media or other data or content from the Platform, including through the use of scripts, robots, bots, spiders, scrapers, crawlers, or other automated means. (ii) Text and data mining of content, including where collected through the use of robots or other automated data gathering and/or extraction tools. (iii)) Training any machine learning or AI model using data or content from the Platform, or otherwise ingesting any data or content from the Platform into a machine learning or AI model.

6. User Submissions

1. Using the Platform, you may submit and post Audio Content, audio, images, commentary or any other content ("User Submissions") and host, share, and/or publish those User Submissions. User Submissions are made available to users via the Platform for entertainment and informational purposes only and are not controlled by Mixcloud. Mixcloud makes no warranty or representation that it will publish any particular User Submissions in any way and we may or may not use your User Submissions in our sole discretion. You accept and agree Mixcloud does not guarantee confidentiality with respect to any User Submission in any circumstances.
2. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mixcloud, you hereby grant Mixcloud and its affiliates a non-exclusive, fully paid-up, royalty-free, sublicensable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. Additionally, you hereby grant to Mixcloud and its affiliates and sub-licensees the right to use the name(s) that you submit in connection with your User Submission(s) and you hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submission(s). For the avoidance of doubt (and notwithstanding any sub-licenses we grant), you hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and this User Agreement.
3. You shall be solely responsible for the creation and upload of, and for any and all consequences of posting or publishing, your own User Submissions.
4. By uploading a User Submission, you agree to the following programming limitations (noncompliance with which will result in removal of applicable content from public access and/or commencement of steps under our Repeat Infringer Policy, including without limitation termination of your right to use the Platform):
   1. no more than 3 songs from one album (and no more than 2 consecutively),
   2. no more than 4 songs from one recording artist (and no more than 3 consecutively),
   3. no more than 4 songs from one compilation (and no more than 3 consecutively).
   4. all track-list names, titles and metadata must be accurately identified (and you agree to not deliberately misidentify or obscure any such information).
   5. only recordings that have been previously and lawfully publicly-disseminated with the permission of the copyright owner(s) may be included in an upload.
   6. song titles may not be included in the title or description of content uploaded to the Platform
   7. any User Submission created wholly or in part with the aid of generative artificial intelligence (AI) technologies (as detailed at 5.1.16) using or containing copyrighted content is strictly prohibited, unless such use has been authorised by all relevant rightsholders.
5. In connection with your User Submissions, you agree that you will not: (i) publish any misrepresentation or any information that may damage or disparage Mixcloud or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) include any content that may be harmful to minors in any manner.
6. Mixcloud does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Mixcloud be liable in any way for or in connection with any User Submission (including without limitation any inaccuracies, errors or omissions or any intellectual property infringement in relation to any User Submission) or for any loss or damage of any kind incurred as a result of the use of any User Submission or any other content posted, electronically-mailed or otherwise displayed or transmitted by a user via the Platform.
7. You acknowledge and agree that all user-generated content on the Platform (including without limitation each User Submission) is the sole responsibility of the person from whom such content originated and that you, and not Mixcloud, shall be entirely responsible for the content that you upload, post, e-mail, transmit or otherwise make available through the Platform. Mixcloud does not monitor, change or control content posted by Users and Mixcloud has no obligation to do so.

7. Creator Content

1. Any registered user may upload his/her (or their Group’s) own self-composed and self-recorded music tracks (each a “Track”) for on-demand streaming by all Mixcloud users, and offer for sale other music and related merchandise distribution services via the Platform (each such uploading user is a “Creator”). Mixcloud reserves the right to accept, refuse, make available (individually or within bundles), cut, edit, crop, arrange and/or withdraw any Track or other item of merchandise that you upload (“Creator Content”) at any time for any reason in our sole discretion.
2. When you upload your Creator Content to the Platform, you hereby grant to Mixcloud a non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to copy, perform and (on a through-to-end-user basis) make available to end users and otherwise use and exploit that Creator Content (including names, trademarks, artworks and other uploaded materials) to the extent necessary for Mixcloud to provide the Services via the Platform, to sub-license such rights to all users of the Services and to other third parties, and to use your Creator Content for Mixcloud’s promotional purposes (including without limitation by exhibition on and/or distribution via the Website and/or on other websites and online services). You further agree to waive your moral rights for the purposes of this license. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights (and if you do not want your Creator Content to appear on the Platform, please do not upload Creator Content material to the Platform). For the avoidance of doubt, this User Agreement transfers no ownership of copyright to Mixcloud, its users or any third party.
3. You may withdraw any item(s) of Creator Content via your account on the Website. If there is a change of circumstance after delivery of an item of Creator Content which results in your knowledge or belief that you no longer have the rights necessary to authorise Mixcloud to use such item(s), then you must delete such items of Creator Content from your channel.
4. You are solely responsible for making backup copies of any and all of your Creator Content. Do not rely on Mixcloud as a primary storage space for your content.
5. For the avoidance of doubt, Creator shall be solely responsible and liable for any and all taxes levied on Creator in connection with Creator Content.

8. Warranties and Representations, and Indemnities

1. Mixcloud warrants and represents that it has due authority and capacity to enter into and perform its obligations under this User Agreement.
2. You warrant and represent that:
   1. you have all necessary licenses, rights, consents, and permissions to use and to authorise Mixcloud to reproduce, publicly perform, and otherwise use all Audio Content uploaded by you,
   2. you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by Mixcloud to ensure compliance with any laws or regulations and, when using the Platform for audio streaming, you will not interfere with the streaming mechanism of the Platform.
   3. all Audio Content uploaded by you to the Platform (a) shall include the complete and correct titles of each embodied sound recording (i.e., song names), and featured recording artist name; (b) has no misidentified or incorrect metadata; (c) is sourced from a lawfully-obtained or accessed sound recording (and not from any illegally-acquired content, including any content downloaded from unauthorised or illegal peer-to-peer file sharing services); and (d) has been previously publicly-released with permission of the relevant copyright owners (e.g., the Audio Content is not from a bootleg recording or unauthorised remix or recording).
   4. in connection with your User Submissions: (a) you own, or have the necessary licenses, rights, consents, and permissions to use (and to authorise Mixcloud to use) all patent, trademark, copyright, and/or other proprietary rights in and to each such User Submission, to enable inclusion and use of each User Submission in the manner contemplated (and to grant the rights listed) hereunder, and (b) each such User Submission, Mixcloud’s use thereof (and Mixcloud’s exercise of the rights granted by you) hereunder, shall not: (i) infringe, violate, or misappropriate any third-party right, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.
3. By submitting Creator Content, you warrant and represent that:
   1. you have (and can evidence that you have) the right to grant the license in Clause 8.2 and throughout the Term you will continue to have all necessary rights, consents, and permissions which are required to enable Mixcloud to use your Creator Content for purposes hereunder.
   2. your Creator Content does not infringe the rights of any third party.
   3. your Creator Content is not obscene, offensive or defamatory to any person or otherwise illegal.
   4. your Creator Content is comprised entirely of your own original work (or, where you are representing a Group, the original work of that Group, and that each member has given you express permission to make such item available via the Platform) and that no fees of any kind shall be due to any third party, including without limitation, unions, guilds, musicians, engineers or producers, for the use of your Creator Content hereunder.
   5. your Creator Content contains no performances by any musicians other than yourself (or you and the members of your Group, provided that each member has given consent in writing for use on the Platform as contemplated hereunder) and contains no so-called “samples” or other materials taken or borrowed from any third party that are not royalty free.
   6. the compositions (i.e. songs) embodied in each of your recordings are written entirely by you (or, where you are representing a Group and, by the members of that Group whom have each given you express permission to make their composition(s) available via the Platform);
   7. You are a member of ASCAP, BMI or SESAC, or are not a member of any performing and/or mechanical collective management organisation, each being a (“PRO”);
   8. no song or composition within your Creator Content (“Composition) is or shall be subject to the rights of any PRO during the Term of this Agreement;
   9. if you are (or if any co-composer of a Composition) is a member of a PRO (or if any Composition is subject to the rights of any PRO) then you will timely issue a valid and effective notice to such PRO(s) for withdrawal of such rights and follow-up with such PRO to confirm that the notice is effective from before you uploaded the Composition(s) to the Platform and that the PRO has notified all of its associated PROs in accordance with its own procedures for “direct licensing” of your performing and Mechanical rights to Mixcloud;
   10. you shall (and shall procure that your co-creators, if any) waive any right, requirement or obligation for any PRO to collect (on your behalf or on behalf of any such co-creator(s)) any fee from Mixcloud for use hereunder of your Creator Content;
   11. you are not (and shall not be) in breach of any recording, publishing or commissioning contract with any record company, label, publisher or other third party by uploading or making available the Creator Content or by entering into or granting any rights to Mixcloud hereunder.
   12. you have provided Mixcloud at the time of upload with all requested information and all such information is accurate, complete and not misleading.
4. You understand and agree that when using the Platform, you will be exposed to User Submissions and other Content from a wide variety of sources, and you agree that Mixcloud shall not responsible or liable for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to any such Content. Specifically: you accept and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Mixcloud in relation thereto.
5. You agree to indemnify, hold harmless, and keep Mixcloud and its subsidiaries, affiliates, directors, officers, employees, and representatives (together, the "Mixcloud Entities") 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 incurred by any Mixcloud Entity and arising out of or in connection with: (a) your misuse of the Platform; (b) your violation of this User Agreement or any law, rule or regulation; (c) your misuse of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You agree to cooperate as fully and reasonably as reasonably required by Mixcloud in the defence of any such 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 under the terms and provisions of this Indemnity and in no event shall you settle any such claim without Mixcloud's prior written approval.

9. Disclaimer of Warranties

1. THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXCLOUD MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT; (C) THE SERVICES OR FUNCTIONS ACCESSIBLE THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND/OR INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. MIXCLOUD DOES NOT WARRANT THAT AVAILABILITY OF THE PLATFORM, ANY OF THE PLATFORM'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. MIXCLOUD DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MIXCLOUD SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, MIXCLOUD AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
3. THE MIXCLOUD ENTITIES SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR YOUR UNAUTHORISED USE OF THE PLATFORM OR THE SERVICES. WHERE ANY JURISDICTION LIMITS OR DDISALLOWS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THIS DISCLAIMER SHALL NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

10. Limitation of Liability

1. 101 WITHOUT LIMITATION TO ANY OTHER TERMS HEREUNDER, YOU UNDERSTAND AND AGREE THAT MIXCLOUD FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS FOLLOWS: UNDER NO CIRCUMSTANCES SHALL ANY MIXCLOUD ENTITY BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MIXCLOUD OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE MIXCLOUD ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THIS USER AGREEMENT LIMITS OR EXCLUDES MIXCLOUD’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
2. IF ANY TERM IN THIS USER AGREEMENT IS DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF APPLICABLE LAW, THEN TO THE EXTENT AND WITHIN SUCH JURISDICTION, IT SHALL BE SEVERED AND DELETED FROM THIS USER AGREEMENT AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
3. THE MIXCLOUD ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE PLATFORM AND THE CONTENT. YOU ACCEPT AND AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MIXCLOUD’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY MIXCLOUD AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY MIXCLOUD WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
4. YOU AGREE THAT THE LIABILITY OF MIXCLOUD TO YOU HEREUNDER SHALL BE LIMITED TO THE AMOUNT MIXCLOUD HAS PAID TO YOU HEREUNDER (FOR USE OF CREATOR CONTENT OR OTHERWISE) OR, IF GREATER, GBP100.

11. General

1. This User Agreement (including any and all additional terms posted on the Website from time to time) contains the entire agreement between Mixcloud and you with respect to the Platform, the Content and User Submissions and supersedes any and all other prior written or oral agreements relating to it.
2. If any provision of this User Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this User Agreement.
3. Mixcloud and all rightsholders expressly reserve (unless agreed otherwise) their rights in such text, media, data or content, including for the purposes of Article 4(3) of Directive 2019/790/EC, and its implementing or related legislation in all EEA member states
4. No waiver on the part of Mixcloud of any term of this User Agreement will be of force or effect unless made in writing and signed by a duly authorised officer of Mixcloud and any failure by Mixcloud to exercise or enforce any right hereunder shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
5. Nothing in this User Agreement is intended to confer on any third party (whether referred to in this User Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this User Agreement.
6. Nothing in this User Agreement shall create any partnership, client, fiduciary or other professional or employment relationship.
7. This User Agreement and the interpretation of this User Agreement shall be governed by and construed in accordance with the laws of England and in relation to any claim brought hereunder you agree to submit to the jurisdiction of the courts of London, England.