Terms and conditions
What you may do with the audio on ambient-mixer.com: You may use the atmospheres that you find on ambient-mixer.com in accordance with the Creative Commons license that applies to each atmosphere. For example, if an atmosphere is licensed under a Creative Commons Sampling Plus license (https://creativecommons.org/licenses/sampling+/1.0/), you may sample, mash-up, or otherwise creatively transform this work for commercial or noncommercial purposes provided that you: (a) attribute the work in the manner specified by the author or licensor; (b) do not use the atmosphere to advertise or promote anything other than the work you create from it or yourself; (c) make clear to others the license terms of the atmosphere as part of your reuse, and (d) otherwise use the atmosphere in accordance with the terms of the Creative Commons Sampling Plus license.
Different licenses may apply to different sample made available at ambient-mixer.com. You must use each sample in accordance with its license terms. For this reason, you should check the license that applies to each audio file before you use it so that you know what you can and cannot do with it. By using ambient-mixer.com, you agree that you are solely responsible for your use of any and all audio made available at ambient-mixer.com. You also acknowledge that under all licenses, you are granted a license to use the atmospheres only; all rights not expressly granted under the terms of the license are reserved to the creator. You represent and warrant to us that you will use any and all atmospheres made available at ambient-mixer.com in accordance with the applicable license.
For the avoidance of doubt, you must attribute all atmospheres in the manner required by the author or licensor and in accordance with the terms of the applicable Creative Commons license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with an atmosphere.
About the ambient-mixer.com site generally: we makes ambient-mixer.com available to you on these terms. You may only use ambient-mixer.com in accordance with these terms and, in particular but without limitation, you may not use ambient-mixer.com for any purpose that is unlawful or prohibited by these terms or any other conditions or notices that are made available at ambient-mixer.com. For example, you may not (and may not authorize another party to): (i) frame or otherwise co-brand this site (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this site; or, (ii) use ambient-mixer.com in any manner that could disable, overburden, damage or impair the ambient-mixer.com or interfere with any other party's use and enjoyment of ambient-mixer.com.
About the audio you post to ambient-mixer.com: You may only post audio to ambient-mixer.com that you have the right to post and license under a Creative Commons license. For example, this means that you can only post audio that you yourself create, audio that is in the public domain or any other material that you have the express permission to use and license to the world, for example, under a Creative Commons Sampling Plus license. For the avoidance of doubt, materials that infringe the rights of any third party (ie. materials used without express permission of the copyright owner) may not be used.
By submitting audio to ambient-mixer.com, you represent and warrant to us that you have the necessary rights and authority to upload the audio to https://ambient-mixer.com site and license it to the world under the Creative Commons license that you apply to that audio.
Your conduct in the comment section: we offers the comment section on ambient-mixer.com for you and the other users of ambient-mixer.com to discuss audio, atmospheres on ambient-mixer.com and directly related issues. You may only use the comment section to post, send and receive messages that properly conform to these terms of use and are related to the purpose for which the forums are made available. This means, for example but without limitation, that you must not post or otherwise make available any:
- Material that you do not have the right to post, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Unsolicited or unauthorized materials, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising.
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the ambient-mixer.com site or servers or networks connected to the ambient-mixer.com site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the ambient-mixer.com site.
- Material that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.
We are not responsible for the content at ambient-mixer.com and by using the ambient-mixer.com site, you represent that you understand that all information and content made available at or submitted to the ambient-mixer.com site is the sole responsibility of the person from which such content originated. You also acknowledge that we do not make any representations or warranties, including without limitation, about the accuracy, integrity or quality of the content and information made available at the instigation of users of the ambient-mixer.com site. You understand that by using ambient-mixer.com, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances are we liable in any way for any content, including, but not limited to: any infringing content, any errors or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the ambient-mixer.com site.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or reliability of such content. In this regard, you acknowledge that you may not rely on any content not created by us or submitted to us, including without limitation information in any of our public forums, and in all other parts of the ambient-mixer.com site.
You further agree that, while we makes efforts to ensure that the content made available at ambient-mixer.com is legal, noninfringing and that the use of it in accordance with the ambient-mixer.com Terms and the applicable license will not infringe the rights of any third party, we cannot guarantee that all content made available at this site does not infringe the rights of any third party. In the event that content is posted to ambient-mixer.com and made available for download that is subsequently found to be infringing, we will undertake reasonable efforts to notify you about this, for example, by posting a notice to the discussion forum or contacting you via email in accordance with the ambient-mixer.com Privacy Policy.
Links to third party sites: The ambient-mixer.com site may contain links to third party sites that are not operated and controlled by us. You acknowledge that we: (a) are not responsible or liable for any third party site, including without limitation, the content, information or products made available at any third party site for third party linked sites; (b) have not reviewed any third party linked sites; (c) have not sponsored or otherwise endorsed third party linked sites; and (d) make no representations or warranties about any third party linked sites.
Our rights to remove content & change the site: We are not required to pre-screen content submitted to and made available at the ambient-mixer.com site, however we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is submitted to and made available via the ambient-mixer.com site.
In addition, we may, at any time: (a) modify, suspend or terminate the operation of or access to the ambient-mixer.com site or any portion of the ambient-mixer.com site for any reason; (b) modify or change the ambient-mixer.com site or any portion of the ambient-mixer.com site and any applicable terms and policies governing the use of the ambient-mixer.com site; (c) interrupt the operation of the ambient-mixer.com site or any portion of the ambient-mixer.com site, as necessary. We will use reasonable efforts to notify you in advance about any modification, suspension or termination.
About the personal information you submit to ambient-mixer.com: we agree to use your personal information in accordance with the ambient-mixer.com Privacy Policy and these terms.
All users of the ambient-mixer.com site who upload material or post content to the ambient-mixer.com site must provide accurate information upon registering at the Registration page to enable us to contact them. It is your responsibility to ensure that we have up-to-date contact information for you.
You further agree that ambient-mixer.com is authorized to disclose any information that is necessary to satisfy any applicable law, regulation, legal process, court order, or government request.
DISCLAIMER OF WARRANTY: TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFERS AMBIENT-MIXER.COM AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING AMBIENT-MIXER.COM, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY: EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("THE ARTISTECH MEDIA PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE AMBIENT-MIXER.COM SITE OR THE USE OF ANY MATERIAL INCLUDED AT AMBIENT-MIXER.COM, EVEN IF OUR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination: Your right to use the ambient-mixer.com site terminates automatically upon your breach of any of these terms. We also reserve the right to, in its sole discretion, terminate your access to all or any part of ambient-mixer.com at any time without notice.
You indemnify us for your breach of these terms: You agree to indemnify and hold harmless our Parties (as defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these terms. You also agree to indemnify and hold harmless our Parties (as defined above) from and against any and all claims brought by third parties arising out of your use of the ambient-mixer.com site and the content made available via the ambient-mixer.com site. This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action.
