CLUB MYX™ Terms of Use

Club MYX is a subsidiary governed by NRCW's Unabridged Terms of Service found at www.nrcworldwide.com/tos. Below are additional terms due to the nature of this website. To file a claim of copyright on a specific mix archive or record label please see those terms for instructions. BY ACCESSING, USING OR INTERACTING WITH THE SERVICE, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS OF SERVICE ("TERMS") AND THE TERMS OF OUR PRIVACY POLICY. If you do not agree, you may not use Club MYX.
 
Section A - General Overview
§000 Overview & Definitions: Club MYX is provided by NRCW LLC, and its affiliates, successors, parents (including NRCW LLC), subsidiaries, assigns and licensee, who provide Club MYX (collectively, "we" or "us"). Club MYX is legally classified as a non-broadcast part time DJ/VJ portal. You understand and agree that as Club MYX evolves, we may in our sole discretion change or update these Terms at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage at www.clubmyx.com. Your ongoing use of Club MYX after we post or notify you about changes to the Terms signifies your acceptance of the new terms. If you do not agree to the changes, your sole recourse is to stop using Club MYX. This web site is operated by certified professional working non-broadcast DJ/VJ's only that are NOT affiliated with any radio, television or commerical internet broadcast station. No content is remixed unless the DJ possess the original works contained within the remixed composition. Any remixes that are distributed are used in closed-circuit, public performance displays ONLY and no commercial use of our content is permitted. This website, www.clubmyx.com, is for friends, family and venues seeking to hear promotional content. If you are not in this list you must leave this site immediately.
 
§000 Purpose: Club MYX is intended for general audiences and for personal and information use only. We may add, change or discontinue any aspect of Club MYX at any time, in our sole discretion and without notice to you. We may offer certain applications, services or features for a fee, which will be subject to separate payment terms that will be binding on you.
 
§002 Club MYX is controlled and operated within the United States. Although Club MYX is accessible from outside of the United States, you understand and agree that Club MYX:
a. is not designed or customized for distribution for any specific country or jurisdiction (“Territory”),
b. is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation,
c. may not be appropriate or available for access or use in any particular Territory, and
d. is provided without any Content filtering or rating mechanism. We have no obligation to assure that Club MYX complies with applicable local laws and regulations within the Territories in which you elect to use Club MYX. Your use of Club MYX within any specific Territory is entirely at Your own risk. You are solely responsible for complying with any local laws in which you access or use Club MYX.
 
§000 Content: Club MYX offers information, directories and search functionality to enable users to access, view and listen to content such as music ("Content") and provides links to other sites and third party providers of music, Internet music stations and other content ("Content Providers"). As a directory and search service, Club MYX does not host and is not responsible for the Content accessed through its directory or search functionality. Such Content is hosted and served by the Content Providers. The Content Providers are solely responsible for their Content offered through Club MYX, including without limitation, obtaining all rights, licenses and royalties pertaining to their Content.
§000 Objectionable Content: You understand that Club MYX does not pre-screen Content and you agree that Club MYX has no obligation to pre-screen Content, although Club MYX reserves the right to do so in its sole discretion. Some Content may contain materials that are objectionable, unlawful, or inaccurate. Club MYX’s offerings of directories, search results, links and/or access to Content does not mean that we endorse the Content or the Content Providers. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party Content Providers.
 
§000 Website Registration: Registration is not required; however, you may need to register with a third party website and obtain a user ID if you want to use certain interactive features on Club MYX (Such as Livestream and Ustream Chat). If you register, you must provide accurate identification, contact, and other information required as part of the registration process. You agree to keep your information current. You may not create any script or other automated tool that attempts to create multiple developer accounts. We may in our sole discretion reject any registration for any reason. By signing up with Club MYX, you represent and warrant that your information is accurate. Our affiliates may give you the ability to use your Club MYX user ID to access other affiliate services. Your use of services provided by our affiliates may be subject to additional terms, conditions and privacy policies, which will apply to you if you elect to use those services.
 
§006 Additional Terms: Certain Club MYX features may be subject to supplemental usage rules, guidelines and terms, which you will have an opportunity to review and which will be binding on you if you elect to use those features.
 
§007 Electronic Delivery Policy and Your Consent: You acknowledge that you are agreeing to these terms online and electronically and that these Terms have the same effective as an agreement on paper. You authorize us to provide you with required notices, agreements and information concerning the Club MYX electronically. Your affirmative act of submitting and clicking to register for Club MYX constitutes your electronic signature to these Terms. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the Club MYX or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, your only recourse is to discontinue your use of the Club MYX.
 
§000 Privacy Policy: The Club MYX Privacy Policy located at www.nrcworldwide.com/tos explains the practices that apply to your information when you use the Club MYX. Your ongoing use of the Club MYX signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of Club MYX.
 
§000 Access: You must provide at your own expense the equipment and Internet connections that you will need to access and use the Club MYX, whether you access Club MYX through broadband, wifi, wireless or other type of connection. If you access the Club MYX through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access the Club MYX through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
 
§000 Your Responsibilities: You may use Club MYX for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others.
 
§000 Restrictions: You agree that you will not access or use Club MYX or its Content, or otherwise engage in any conduct that:
a. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
b. uses technology or other means to access Club MYX or Content that is not authorized by us;
c. uses any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Club MYX or Content;
d. attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. attempts to gain unauthorized access to our computer network or user accounts;
f. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
g. violates these Terms, guidelines or any policy posted on Club MYX;
h. attempts to damage, disable, overburden, or impair our servers or networks; or
i. interferes with any other party's use and enjoyment of Club MYX.
 
§000 Legal Action: You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of your account or access to Club MYX if we believe in our discretion that you are violating these Terms.
 
§000 No Spam: You may not use Club MYX or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Club MYX to violate the terms of this section. We may terminate your access or use of Club MYX immediately and take any other legal action if you, or anyone using your access to Club MYX, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
 
§000 Proprietary Rights: We, our suppliers, and our users who lawfully post Content on the Club MYX own the property rights to that Content. Further, your agree that Club MYX, its application, software and database information, and those techniques, algorithms, and processes contained therein which have been developed, acquired, or licensed by us are proprietary to NRCW, Inc. and our affiliates. Club MYX and the Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not violate these rights and access and use Club MYX and the Content only as authorized by the owners of these rights.
 
§000 License To Use the Club MYX: We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Club MYX subject to these Terms. You may not use Club MYX in a manner that exceeds the rights granted for your use of Club MYX and its Content. Without limitation of the foregoing, you may not frame any portion of Club MYX or Content, or reproduce, record, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, make derivative works or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or Club MYX’s applications, software or services. Your license terminates immediately upon cancellation or termination of your account or if we believe you are in violation of these Terms.
 
§000 Content You Post To Public Areas: Certain areas of Club MYX may allow you to post Content (such as comments) that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on Club MYX that you created or that you have permission to post. You many not publicly post defamatory Content or someone else’s image or personal information without the express authorization of that person. You may not post Content that violates these Terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of Club MYX, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You agree that we have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
 
§000 Copyright Claims Procedure: Procedure For Making Claims Of Copyright Infringement can be found at http://www.nrcworldwide.com/tos Section 6, Subchapter 23.
 
§000 Advertisers: You agree that the Club MYX may be supported by advertising. Any dealings that you have with advertisers found on the Club MYX are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
 
§000 Export Laws:You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You are responsible for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
 
§000 Disclaimer: WE PROVIDE Club MYX "AS IS" AND WITH ALL FAULTS. YOU ARE USING Club MYX AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT Club MYX IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT Club MYX IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU HEREBY ACKNOWLEDGE A) CONTENT PROVIDERS AND NOT US ARE RESPONSIBLE FOR OBTAINING ALL NECESSARY RIGHTS, PERMISSIONS, LICENSES, APPLICABLE TAXES, CERTIFICATIONS AND CLEARANCES FOR THE STATIONS AND CONTENT THAT THEY PROIVIDE, B) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS, C) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ALL APPLICABLE ROYALTIES TO THE COPYRIGHT OWNERS WITH RESPECT TO THE CONTENT CONTAINED IN THEIR INDIVIDUAL STATION(S), AND D) WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR ROYALTY PAYMENTS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR THE FAILURE OF SUCH CONTENT TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR PAY ANY APPLICABLE ROYALTIES.
 
§000 Limitation of Liability: WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF Club MYX. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, DISTRIBUTORS OR RESELLERS (THE “NULLSOFT GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE Club MYX, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR Club MYX IS TO CANCEL YOUR USE OF THE SERVICE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE NULLSOFT GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). Club MYX IS PROVIDED WITHOUT CHARGE AND YOU AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THESE TERMS.
 
§000 Indemnification: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Club MYX. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
 
§000 Choice of Law and Location for Resolving Disputes: YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH NULLSOFT, NULLSOFT’S AFFILIATES, Club MYX, THIS AGREEMENT, OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE AND/OR Club MYX (OR ANY FEATURES THEREOF) RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING NULLSOFT, THIS AGREEMENT, OF THIS SITE AND/OR Club MYX (OR ANY FEATURES THEREOF). PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
 
§000 Severability and Integration: These Terms and any supplemental terms, policies, rules and guidelines posted on Club MYX constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
 
§000 Termination: Your right to use Club MYX automatically terminates if you violate these Terms or any rules or guidelines posted in connection with Club MYX. We also reserve the right, in our sole discretion, to terminate your access to all or part of Club MYX, for any reason, with or without notice.
 
Section B - ACCEPTANCE OF CLUB MYX TERMS AND CONDITIONS
This user agreement ("Agreement") is a legal and binding agreement between you ("You," "Your", "Yourself" OR “User”), as the user, and clubmyx.com ("Our", "Us", "We" or "Club MYX") stating the terms that govern your use of our internet-based website together with all information, content, material, updates, licenses, rules, policies, and services made available to you (collectively, "The Service"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING, USING, OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. If you do not agree to these terms, please abort the application/registration process and leave the Web Site immediatly.
By continuing the application/registration process and the use the Club MYX Web Site you confirm that: 
(1) You have read and understood the Agreement in full.
(2) You agree with all the clauses in the Agreement.
You must accept and abide by these terms and conditions as presented to you herein. Changes, conditions, additions or deletions to these terms are not acceptable, and Club MYX may refuse access to the Web Site and Service for non-compliance with any part of this Agreement.
 
APPLICATION/REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process. You further consent and authorize us to verify your registration information as required for your use of and access to the Service, as applicable. Once you register to the Service, you shall enter a unique E-Mail and Password in connection with your account (collectively referred to herein as "Login IDs"). You are solely and entirely responsible for maintaining the confidentiality of your Login IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Login IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your Login IDs. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
As such, you agree and certify that you are a working DJ (as defined above) and that all the information entered in your registration application is complete, true, and accurate. Club MYX has a thorough application review and verification process for all application which will make take several days before an approval or denial decision is reached. You will be denied access to Club MYX and all its Content during the application review process, and only at the point in which your application is verified and approved. If your registration information found to be inaccurate or do not provide venue references with accessible contacts you will not be qualified to have access Club MYX or any of its Content and your application will be denied.
 
You agree with the fact that you are not able to access, download, or use any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that users uploads, stores, transmits or submits to Club MYX’s Web Site (hereinafter "Content") from Club MYX if it is in the conflict with any of your local, state, province, or country laws. Club MYX is unable to control all its users, posted content, and posted materials, therefore you are responsible for usage of the content and materials represented on the Club MYX Web Site.
 
You agree that all respective copyrights in the sound recordings and musical works embodied in the remixes or mashups are the property of participating artists, composers, authors, publishers and record labels as applicable and you agree and certify that you already possess the original material contained within the remixed or mashup composition(s), for and each and every remix, mashup, or video accessed from Club MYX.
 
Access to Club MYX Content is strictly limited to Professional non-broadcast DJ's or VJ's (hereinafter "DJ's"). Audio and/or Videos Remixes, Mashups and Mixes available on Club MYX are produced by DJ's, for DJ's to improve authorized use in closed-circuit, public performance displays ONLY.
You agree and certify not to resale, distribute, publicly display, duplicate, violate any applicable laws, including federal copyright laws, or conduct any other unauthorized use any content access from Club MYX.
 
MODIFICATION TO TERMS OF USE
Club MYX reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and your continued use of the Web Sites constitutes Your agreement as to all such updated or modified terms.
 
INTELLECTUAL PROPERTY RIGHTS
All copyrights in and to the Club MYX Web Site and Service, including but not limited to, our logo, graphics, content, postings, links, and materials, and software, are owned by Club MYX. The delivery of any Club MYX products or services does not transfer to you any commercial or copyright rights to the producs or services. All trademarks, service marks, trade names, graphics, company names, slogans, logos, and any other copyright items used in connection with the Service may be trademarks of their respective owners. You are granted no right to copy, distribute or use them otherwise without the prior written consent of the respective owners.
Club MYX may offer interactive features that allow you to, among things, submit or post information and materials viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe upon copyright material or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, we may copy, sub-license, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit card information.
We reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
 
 
COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY

Club MYX is not a music distributor but rather a web hosting service provider provides a content directory linking to other public published digital media and content on other servers. More specifically we are defined as an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). The users who use the Club MYX.com Web Site have represented that they have full rights to submit content to the Club MYX.com Web Site, and that Club MYX does not undertake any obligation or liability relating to the Content or to the users’ activities.

While Club MYX is not in a legal position to determine who has the prevailing claim to use any particular content or name posted to the web site, we are 100% compliant with DMCA policies and procedures.

Copyright holders who believes their copyright is being infringed upon, and contacting the user directly has not resulted in satisfactory results, should contact Club MYX to verify that the content and/or digital media source is hosted on Club MYX, or another hosting service provider. If the content or digital media is hosted with Club MYX, the copyright holder will need to write a Proper DMCA Notice to notify Club MYX of particular facts in a document signed under penalty of perjury, and e-mail to dj{at}clubmyx.com. The Notice must provide the following information:
(1) Identify themself as either: The owner of a copyrighted work(s), or A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(2) State their contact information, including your TRUE NAME, street address, telephone number, and email address.
(3) Identify the copyrighted work that they believe is being infringed, or if a large number of works are appearing at a single users profile, a representative list of the works.
(4) Identify the material claimed infringing their copyrighted work, requesting that Club MYX may disable access over the World Wide Web.
(5) Identify the location of the material on the World Wide Web by providing “information reasonably sufficient to permit Club MYX to locate the material.”
(6) State that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.”
(7) State that the information in the notice is accurate, under penalty of perjury. Sign the notice with either a physical or electronic signature.
It is expected that all users of the Club MYX will comply with applicable copyright laws. However, if Club MYX is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Club MYX will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. When notified of such abuse, Club MYX will immediately disable access to disputed material and the user account/subscription privileges will be terminated. Users may protest a DMCA notice by submitting a Counter-notification.

CONTENT POSTING RULES
Club MYX offers "Post a Mix" section to DJ and Producer users to contribute and post a link/url of a mix already publicly available on the World Wide Web for the promotion their talent and services. The following rules apply when posting Content on the Club MYX web site:
1) Your Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights (for Videos, the source of videos cannot be from Promo Only, Smash Vidz, XtendaMix, or any other pool services, even if the video has been edited or tags/watermarks have been edited out);
2) Your Content shall not create any liability for Club MYX or any of its respective parents, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
3) Your Content is an original work by you and/or you have all necessary rights, licenses, consents and permissions to use, and to authorize Club MYX to use, any and all copyrights, performance rights or other intellectual property rights in and to your Content in order to use the Content on Club MYX’s Website and Services;
4) You have any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on Club MYX’s Website and Services (for posting a link/url of mix, mashup, video, or remix that was produced by another DJ please identify them in the DJ/Producer text box on the posting form. You absolutely cannot post other DJs' or Producers' work and claim them as your own. If your mix includes songs mixed by other DJs/Producers, be sure to give them credit in the description or DJ/Producer text boxes on the posting form).
In order to provide these services and resources for DJs, Club MYX must maintain a high-level of integrity in its content. Users in violation of any other rules are subject to immediate termination of their access. These rules are required for all users, are monitored, and strictly enforced.

Any and all Content on Club MYX’s Web Site is generated by you, not by Club MYX, therefore remains in your sole property and responsibility.

Club MYX does not claim any ownership rights in any Content and other materials which users uploads, posts, stores or exchanges through Club MYX’s Web Site and Services.

You hereby expressly acknowledge and agree that you, and not Club MYX, are fully responsible for all content that you upload, post, e-mail, transmit or otherwise makes available through Club MYX’s Web Site or Services.

You acknowledge that Content uploaded to, or transmitted through Club MYX’s Web Site or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. You must not upload, display, send, transmit or otherwise make available any Content in which you do not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by you may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution.

TERMINATION
We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.

Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. We may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

TECHNOLOGICAL AND USE LIMITATIONS
Club MYX will make reasonable efforts to keep the Club MYX Web Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Club MYX may, from time to time, result in temporary service interruptions. Club MYX also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Club MYX shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

By registering in with the Club MYX Web Site and Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. Because the Service includes personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. Club MYX reserves the right to immediately and permanently terminate your access to the Club MYX Web Site or Service if Club MYX believes that you are violating such limitation.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Club MYX Web Sites, Database, and/or Service or to breach security or authentication measures, regardless of your motives or intent; or (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE Club MYX WEB SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE Club MYX WEB SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Club MYX, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT Club MYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys fees, expert fees and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your Login IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

GOVERNING LAW, JURISDICTION AND VENUE
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the state of California and all applicable federal laws, all of which are made part of this Agreement and incorporated herein as if fully set forth. This Agreement is also subject to any amendments in such laws during the entire duration of your use of the Club MYX Web Site and Service. The California state court, County of Sacramento, shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and Customer hereby consents to the jurisdiction of such courts.

TERM, FEES, PAYMENTS
By registering for the Service, you agree to pay the fees designated for the billing cycle you select in accordance with our Pricing and Payment Terms, which can be found at www.clubmyx.com/tos.

Monthly fees grant each user: 5GB of storage space; and public sub-domain name; a public web site/profile page; unlimited postings to our Mix Bank directory, Video Vault, photo galleries, nightlife directory, forums, and other DJ resources available on the Club MYX web site. Your subscription will continue automatically at the fee rate applicable to the Service, which you have selected unless terminated by Club MYX or until you notify Club MYX of your decision to cancel your subscription to the Service. Your subscription will automatically renew on a month-to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service. You agree that all fees and charges are nonrefundable. If you choose to cancel your subscription to the Service, you can do so through the payment processing service (PayPal), or by contacting Club MYX at dj{at}clubmyx.com, from the e-mail address associated with your user account, at least seven (7) days prior your next billing period ("Billing Date").

There is no cancellation fee and users can cancel at any time without fee or penalty. However, if a cancellation request is made after billing occurs, a refund will not be issued and the account will remain active and available for the remainder of the period for which payment has been made. Furthermore, it is the user’s responsibility to manage the billing associated with their account and Club MYX will not and cannot be held liable for any losses or penalties associated with recurring billing that is not properly canceled prior to the established renewal date. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your IDs without your authorization, you must contact Club MYX immediately at dj{at}clubmyx.com.

Payment must be processed through PayPal and all major credit card accepted by PayPal. Your credit card will be billed monthly in advance commencing on your registration and subscription order date and continuing thereafter on a monthly basis on the thirtieth (30th) day following the expiration of the preceding billing period ("Billing Date"). Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You, and not Club MYX, are responisible for paying any third party charges to your credit card.

The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.

Club MYX RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Club MYX, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE NOTICE AT www.clubmyx.com. CLUB MYX MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your subscription to the Service. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

§000 Application Process: If you are not a DJ/VJ you may not gain access to Club MYX as a host. To become a DJ member and get access to the web broadcast features of this site you must complete an application containing a list of venues and references that we will verify before you are granted access. Before applying to Club MYX, you will be required to read and agree to our Club MYX Terms of Use & Policy Above.

§000 Third Party Websites: Other websites such as contracted Disk Jockey's Website's may be subject to third party TOS (Such as MySpace and FaceBook). You are bound by those third party contracts and NRCW assumes no responsibility whatsoever as stated in the above sections (including but not limited to chapters 13, 15, 21 and 22 sub chapters 01 of this document)

Any individual to make a purchase from NRCW LLC must have this completed and signed form on file. This form needs to be completed only ONCE and not for each individual purchase made from NRCW LLC.

NRCW – Terms Of Use Agreement
I understand that the CD compilations sold by NRCW LLC are licensed solely for promotional use by qualified DJs working in a professional capacity. I understand that any other use including the unauthorized resale, physical or digital distribution, public display, or duplication is a violation of all applicable laws and is strictly prohibited.
 
Any purchaser violating these conditions will be subject to any legal action resulting from such misuse. All respective copyrights in the recordings featured on NRCW compilations are the property of the participating artists, publishers, and record labels. NRCW LLC is not responsible for any claims arising from any unauthorized use by those purchasing any NRCW compilation.
 
I hereby certify that I am currently employed as a professional nightclub, mobile, or radio DJ and/or that I am purchasing the NRCW compilations on behalf of and for use by/in a licensed broadcast institution or an authorized public performance venue. I further agree that all NRCW compilations acquired will only be used for professional purposes in my/our business. I also acknowledge and agree that all NRCW compilations are acquired with the understanding that they are not to be resold, exchanged, traded, or physical or digitally redistributed in any way and that any and all applicable performance licenses or fees are not the responsibility of NRCW LLC.
 
request a song

Subscribe & Dance

Show Genres & Lists

Subscribe to the newsletters you want to; subscribe or change these anytime!
Terms and Conditions
We will not share your contact information with other companies or our own partner subsidiaries.
Club MYX™ Live 
Listen Now on TuneIn Radio!
appstore tuneingoogleplay tunein
vlc logo winamp logo
 

Who's Online

We have 53 guests and no members online

Contact Us

CLUB MYX™
PO BOX 428812
CINCINNATI, OH 45242-8812
 
971-CLUB-MYX
971-258-2699
 
 
 
bls logo
fda logo  3082eu  who 
ReachLogo bmi venue compliantvevo logo 80h
elcentteceurolitesunlite

Promotional Partners

SCUBA coaches partyp