Draft. This is a draft that has not been approved yet. It is not final and can change. Parts in [square brackets] are still to be written or decided.
Terms of Service
These terms are between you and Mix the Mix, LLC. They take effect on [TO DECIDE: the date these terms take effect, set when they are published].
The service
Mix the Mix lets a broadcaster send the separate sources of their audio, and lets each listener set a volume for each. It is paid for only by its broadcasters and listeners, shows no advertising, and never sells your information. It is an alpha, and features, limits, and prices may change. For your data, see the privacy policy.
The alpha
Mix the Mix is in alpha. It is unfinished and can break. We can change it, or reset it, at any time, and that could mean losing your data. We don't plan a reset, but one could happen, so don't rely on anything here being kept.
These terms do not ask you to keep the alpha secret. Talk about it and share it as much as you like.
[TO DECIDE: the owner's legal review of this alpha section and of the broadcaster rights wording under "Your audio" (#1324, #938)]
Accounts
- To listen or broadcast you need an account, and during the alpha an invite.
- You must be at least 13. If you are under 18, a parent or guardian must agree to these terms and to any payment.
- During the alpha, Mix the Mix is open in the United States only.
- An account is for one person.
- Keep your password and broadcaster key secret. You are responsible for your account.
Text messages
If you choose to add a phone number, Mix the Mix texts you a sign-in code, an alert that a broadcast started with your key, or an account recovery code. We never sell your number or share it for marketing; see the Privacy Policy. Message and data rates may apply. How often we text depends on how you use Mix the Mix. Reply STOP to stop, or HELP for help, or turn texts off in Account. Agreeing to texts is not a condition of using Mix the Mix.
Plans and payment
Paid plans and the listener pass are billed monthly through Stripe. Invites in the early alpha come with the pass or a plan free, and can be taken back. Prices and limits shown are placeholders, set to cover the cost of running the service plus a modest margin. Tax, where collected, is added at checkout.
We announce price changes by email at least 30 days ahead. They apply from the next billing month after that notice.
Listener limits
Each broadcaster plan includes an amount of listening a month. A broadcast that has used its listening for the month turns away those without a listener pass. From the second month on a paid plan, listening the plan leaves unused in a month rolls over, up to one month's worth, and doesn't expire while the account exists.
Cancelling and refunds
Cancel a plan or the pass in Stripe's portal (it runs to the end of the paid period, with no refund) or with "Cancel Now and Refund" on the Account page (it ends at once with a refund to the card used). Deleting your account does the same. The refund is everything you paid if you cancel within 14 days of paying; after that, for a plan it is the hours you paid for and have not used, and for a pass the hours left in the period you paid for. No refund is made once 60 days have passed since that payment, whatever you paid with. If you are under 18, you or a parent or guardian can ask for a refund and get one, and the 60-day limit does not apply.
[TO DECIDE: any refunds the law requires beyond these (#938)]
Failed payments
If a renewal payment fails, we email you and you keep your plan for 48 hours; if still unpaid, the plan is cancelled and that invoice dropped.
Acceptable use
Don't use Mix the Mix to:
- break the law;
- share content or links you don't have the right to share;
- share sexually explicit links or material;
- sexualise minors in any way (we report child sexual abuse material to NCMEC);
- share intimate images of someone without their consent (we remove them within 48 hours of a report);
- harass or threaten anyone, or try to contact or target minors;
- share malware, phishing, or spam links;
- get around the listener limits or a block;
- overload, probe, or attack the service; or
- resell access.
A link marked 18+ means mature, not sexually explicit; mature links must be marked 18+. Anyone can report a link, an image, or a profile, and we act on reports quickly.
A broadcaster's picture and banner are public. We may look at them, and we remove any that break these rules, including when a report shows they do.
Your audio
A broadcaster is responsible for the audio they send, and must have the rights to every source they broadcast, including any music. You give us permission only to carry it to your listeners. Report copyright problems to matt@mixthemix.com.
By broadcasting, you release Mix the Mix, LLC from all liability for what you broadcast. If you broadcast something you have no right to, any claim over it is yours, not ours. We may suspend or ban a broadcaster who does this repeatedly.
[TO DECIDE: a formal copyright (DMCA) takedown process (#938)]
[TO DECIDE: a repeat-infringer policy, required for any takedown option (#938)]
Suspension
We may suspend or close an account that breaks these terms, puts others at risk (children most of all), or where the law requires it. Blocking an account or broadcaster profile cancels what it pays for, with a refund worked out the same way as cancelling.
Warranty and liability
We don't guarantee that Mix the Mix is always available or free of errors.
[TO DECIDE: the warranty wording and liability limits (#938)]
Changes
We post changed terms here with a new date, and email account holders at least 30 days before a material change takes effect. If you don't agree, delete your account.
[TO DECIDE: whether continued use after the notice means acceptance (#938)]
Governing law
Colorado law governs these terms. Disputes go to the courts in Colorado, not to arbitration.
Contact
Mix the Mix, LLC. Email: matt@mixthemix.com.
