©2018 | Remix Hits

End User
License Agreement

The Do's

Download and Remix any Song Pack from our website.

Create remixes from the song and use for personal use.

Use user materials, sounds, and samples in the remix.

Upload your remix to the Remix Hits submission page.

To share your remix with fans, you may repost or share it from our YouTube or SoundCloud channels.

DJ your remix out at shows! But, if you take any video/sound recording and want to post, submit through us so we can give it a quick, official label release. 

The Don'ts

Illegally download any Song Packs.

Share your downloaded Song Packs with others.

Upload to any distribution or streaming service (this includes but is not limited to, sites like YouTube, Spotify, Apple Music, etc.)

Use Song Pack album artwork for promotional purposes.

Use any licensed stems in any of your original compositions. For now, you're only licensed to create remixes. 

All remixes are owned by the Original Rights Holders

As a remixer, you are entitled to release your remix through our submission platform, share your remix publicly (and very soon a 'remix royalty'), but with regards to technical legal standing, all remixes are owned by the original rights holders.

END USER LICENSE AGREEMENT
TERMS AND CONDITIONS OF PERSONAL AND HOME USE

This End User License Agreement (“License”) is entered into between RMXHTZ, Inc., 41 Peabody St., Nashville, TN 37210 (“RMXHTZ”) and the purchaser (“User”) of the software controlled by RMXHTZ (“Virtual Instrument”) for the purpose of using the Pro Tools sessions (original project files) and/or mix stems of audio recordings to be used for the purpose of creating digital-audio files (“Stems”).

 

  1. Grant of Rights . RMXHTZ grants User the non-exclusive, non-transferable right to use the Stems in accordance with the terms and conditions set forth below:

    1. To reproduce, edit, arrange, and mix the Stems via the Virtual Instrument for purposes of creating a digital audio work incorporating the Stems (“New Work”) for personal home use via a compatible viewing device that allows only for passive viewing of the New Work; and

    2. To reproduce and upload the New Work solely via the service owned, controlled, and operated by RMXHTZ that serves as an online site and distribution platform for Stems and New Works (“Service”).

    3. RMXHTZ may reproduce, manufacture, edit, encode, watermark, label, distribute, publicly perform, sell, download, broadcast, transmit, and otherwise use and exploit such New Works in accordance with the terms and conditions of this License.

  2. User Re-Mixes.

    1. The parties acknowledge that User may add original materials to the Stems as part of the New Work (“User Materials”). To the extent that any User Materials are used in or in connection with the New Work, User herby grants to RMXHTZ the perpetual, irrevocable, worldwide license to use and exploit (and to authorize third parties to use and exploit) any and all such User Materials, in whole or in part, including any recordings and underlying compositions embodied in the User Materials, as part of and in connection with the New Work, including records derived therefrom. User shall not be entitled to any additional compensation for the use of such User Materials, except as otherwise described within this License.

    2. For the avoidance of doubt, User shall not acquire any copyright interest in the sound recording or underlying composition embodied in the New Work, nor will anything contained in this License restrict or limit in any way RMXHTZ’s rights to exploit the New Works (which may contain User Materials).

    3. User may not incorporate any materials other than the Stems or User Materials in the New Work.

    4. User may not display, broadcast, transmit, or stream the New Work via any platform, network, channel, board, service or provider on their own, other than via the Service. User may perform New Work publicly (eg. DJ performance), but must submit any audio or video recording to The Service if the User desires public release. 

    5. User may not use the name, image, likeness, biographical materials or other information concerning the artist of any Stems; provided, however that User shall have the right to use the title of Stems and the names of the artists of the Stems for purposes of identifying the New Work.

    6. User warrants and represents that the User Material, including any recordings and underlying compositions, are original works created solely by User, and that User is the sole owner of such materials.
       

RMXHTZ/EULA

  1. User warrants and represents that no materials, ideas or other properties, including the User Material, furnished by User which are used in connection with the New Work will be defamatory, or otherwise violate or infringe upon the rights of any person, firm or corporation.

  2. For absolute certainty, the New Work shall not be deemed a derivative work and User shall not have any claim of ownership interest in the New Work.

  1. Termination.

    1. RMXHTZ may reject or remove any New Work from the Service, or terminate or suspend User’s rights to use Stems by notifying User in writing via User’s e-mail address as provided to RMXHTZ via the User information and identification materials, in the event that (i) RMXHTZ no longer has the rights to such Stems, (ii) the license to use the Stems or the underlying musical composition embodied in the Stems has terminated or been revoked (iii) in the case of a third party claim or anticipated third party claim against RMXHTZ or its licensees, (iv) RMXHTZ believes that User does not have the requisite rights to User Material, or (v) RMXHTZ believes that there may be any legal risk to RMXHTZ.

    2. Without limiting any other remedy available at law or equity, RMXHTZ may terminate this License, effective upon written notice to User via User’s e-mail address as provided to RMXHTZ via the User information and identification materials, if User materially breaches any of the provisions of this License, including any warranties, representations, or agreements made by the User under this License. Upon any expiration or termination of this License, User shall immediately cease to exercise any of the rights otherwise granted hereunder.

  2. Warranties and Representations.

a. RMXHTZ represents and warrants that: (i) the Stems are available for use as authorized by RMXHTZ; (ii) it shall be solely responsible for obtaining and paying for any and all necessary rights, permissions, and consents to operate the Service, including payments to publishers of the underlying composition(s) embodied in the Stems distributed to Users via the Virtual Instrument

RMZHTZ/EULA (but excluding payments to publishers with respect to the exploitation of the New Work); and (iii) it will use industry-standard content identification technology.

  1. As a condition of User’s use of this Service, User warrants and represents that User will not use the Service for any purpose that is unlawful or prohibited by the terms of this License. User agrees not to use the Service in any manner that could damage, disable, overburden or impair the Service, or interfere with any user’s enjoyment of the Service. User may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided through the Service. RMXHTZ shall have the right to suspend or delete User’s account or access to the Stems in the event that RMXHTZ reasonably believes that the Service is being misused.

  2. User further warrants and represents that User has the right to enter into this License and to grant the rights herein granted to RMXHTZ.

  3. User agrees to indemnify and hold harmless RMXHTZ, its owners, members, officers, directors, employees, representatives, agents, licensees and assigns, from any and all costs and expenses (including but not limited to legal costs and attorney fees) resulting from any and all claims made by third parties resulting from a violation of a representation or warranty made by User. User shall pay RMXHTZ on demand for any sums for which User is liable hereunder, and if User fails to do so, RMXHTZ shall have the right to withhold and reserve from any sums otherwise payable to User the amount reasonable sufficient to secure RMXHTZ from User’s liability and obligation hereunder.

  4. RMXHTZ agrees to indemnify and hold harmless User from any and all costs and expenses (including but not limited to legal costs and attorney fees) resulting from any and all claims made by third parties resulting from a violation of a representation or warranty made by RMXHTZ.

  1. Disclaimers.

    1. THE SERVICE AND ITS CONTENT ARE PROVIDED "AS IS" AND RMXHTZ EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK.

    2. THE FUNCTIONS EMBODIED ON, OR IN THE CONTENT OF, THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO USERS USE OF THE SERVICE.

  2. Miscellaneous.

    1. The Service is owned and operated by RMXHTZ: All of the content featured or displayed on via the Service, including, but not limited to, text, graphics, photographs, images, moving images, trademarks, recordings, illustrations and software (“Content”), is owned or controlled by RMXHTZ, or its licensors,clients and content providers. Except as explicitly permitted under this License,no portion or element of the Service or the Content may be copied or retransmitted via any means or format. The Service, its Content and all related rights, shall remain the exclusive property of RMXHTZ or its licensors, clients and content providers.

    2. This License sets forth the entire understanding between the parties with respect to the subject matter hereof, and no waiver of the terms or conditions set forth herein shall be binding upon RMXHTZ unless confirmed in writing by RMXHTZ. No waiver of any provision or default under this License, or any failure to exercise rights hereunder shall prejudice the rights of RMXHTZ, nor shall it be a precedent for the future. Should any clause of this License be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and affect. All remedies, rights, undertakings, obligations and agreements contained in this License shall be cumulative and none of them shall be in limitation of any other remedy right, undertaking, obligation or agreement of either party.

c. This License shall be interpreted, construed and governed by the laws of the state of Tennessee without reference to its laws relating to conflict of laws. The venue for all disputes arising under this License will lie exclusively in the state or federal courts located in Nashville, TN and each party agrees not to contest the personal jurisdiction or venue of these courts.

  1. No failure by RMXHTZ to perform any of its material obligations under this License shall be deemed to be a breach of this License until notice of such failure has been sent to RMXHTZ by registered or certified mail (return receipt requested), and such failure has not been corrected within thirty (30) days after RMXHTZ’s receipt of such notice, if such failure is capable of being cured.

  2. All notices hereunder shall be given by registered or certified (return receipt requested) mail or by any other means by which delivery may be verified. Notice shall be given to the above addresses or to such other addresses as the parties may designate from time to time by notice delivered in like manner. Notwithstanding the foregoing, by using the Service, User consents to receive all communications, including notices, agreements, legally required disclosures, or other information in connection with the Service electronically via User’s e-mail address as provided to RMXHTZ via the User information and identification materials. All notices to RMXHTZ shall be sent to info@remixhits.com.

  3. RMXHTZ reserves the right, in its sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter the terms of this License by notice to User via User’s e-mail address as provided to RMXHTZ via the User information and identification materials. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes.
     

I certify that I have read, understand and comply to agree with all rules and regulations of this License, and this License shall constitute a valid, legal and binding agreement.