iMixedTape

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iMIXED TAPE

Beta tester program
Terms and Conditions

This Beta Tester Program Participant Terms of Usage Agreement (“Agreement”) sets forth the legally binding terms under which you (“Participant”) may participate in iMixedTape beta tests, usability tests, and other user research projects (collectively called “Beta Tester Programs”). iMixedTape’s website and associated products and services (“Services”) are found at the domain and associated subdomains of iMixedTape.com (“Website”).

You agree to be bound and abide by this Agreement if you (a) apply to participate in a Beta Tester Program, or (b) participate in a Beta Tester Program.

Amendments and Modifications
iMixedTape may modify this Agreement from time to time without prior notice, and any changes to the Agreement are immediately effective upon posting the Agreement to the iMixedTape Website. You agree, and it is your responsibility, to review this Agreement regularly to ensure you are aware of any changes.

Eligibility
To use iMixedTape Services, you must be able to form a binding contract with iMixedTape in compliance with all applicable laws and these terms of Agreement.
You must be an individual over the age of eighteen (18). To become a Member of the Website and/or participate in the Beta Tester Program, you must read and accept all of the terms and conditions in this Agreement. By using iMixedTape Terms and Conditions and Privacy Policies, you represent and warrant that you (a) meet the requirements defined of this “Eligibility” section; (b) agree and abide by the requirements of the terms and conditions of this Agreement; (c) are financially responsible for your use of the Website and for participating in the Beta Tester Program; and (d) acknowledge and agree that iMixedTape reserves the right to suspend, terminate, or refuse service to anyone, for any reason, or for no reason. You represent and warrant that you are not required to register as a sex offender with any government entity, and that you have never been convicted of a felony.

Your Role as a Participant
Under this Beta Tester Program, iMixed Tape is seeking volunteer participants for Beta Tester Programs and for Beta Testing its mobile app on either/or both iOS and Android platforms. Participants operate as participants in market research on behalf of iMixed Tape. You are not an employee, agent, or legal representative of iMixedTape and are not entitled to any benefits. You are solely responsible for your own taxes, including the determination of any tax liabilities from rewards or payments received through the iMixedTape platform.


Process & Guidelines for Participants
For the Beta Tester Program, Participants are invited to review the prerequisites, requirements, and any associated compensation, whether in the form of money or other rewards.

As a Participant, you are entirely and solely responsible for deciding if the financial aspects and business requirements of the Beta Tester Program are satisfactory, and if you would like to apply to participate in the Beta Tester Program as a tester (“Beta Tester Programmer”) by completing the associated application (“User Research Application”). A Participant’s User Research Application and associated data shall be considered Feedback. Only a portion of the Participants that complete a User Research Application are selected and accepted as Beta Tester Programmers. This selection process is a competitive process among the applications, and based on each Participant’s history on iMixedTape, User Research Application responses, interests, demographic and profile data, and general client preferences.
You are responsible for providing your own equipment, tools, and supplies required for any Beta Tester Program and bearing all costs, which may include but not be limited to a computer, mobile phone(s), internet service, and a work environment. No expenses that you incur for participating in a Beta Tester Program will be reimbursed.

You are entirely responsible for determining when, where, and how the Beta Tester Program requirements and deliverables are completed, within the scope of the project requirements.

Ownership of Feedback
For any and all Feedback that you provide, you hereby assign to iMixedTape without any limitation and for no additional consideration, all of your right, title and interest in such Feedback, including without any limitation, all Intellectual Property Rights. You agree that in connection with any such assignment you reserve no rights.
You agree to release and hold harmless iMixedTape and our officers, directors, managers, employees, agents and all third party beneficiaries to this Agreement, and all associated heirs, assigns, and successors, from all claims, damages, expenses or proceedings of any kind related to (a) the transfer, assignment, or exercise of rights contained within this section; or (b) any allegations that any of the activities by iMixedTape or such third party infringe your or anyone else’s Intellectual Property Rights.
In accordance with our privacy policy, you agree to grant to iMixedTape a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to exercise the copyright, publicity, and database rights you have in your profile and account information, including any data generated or gathered through your use of the website.

You agree that any payment or reward that you might receive as a result of submitting Feedback may be inadequate in comparison to the benefits derived by the Product Owner, and may be below fair market value, and you agree to bear this risk through your participation.

Confidentiality
For the purposes of this Agreement, “Confidential Information” shall mean any non-public information, data, or materials associated with the iMixedTape Website, Products, Services, or Beta Tester Programs. Confidential Information shall include, but not be limited to:
(a) Beta Tester Programs and any associated business, product, marketing, financial, and technical information.
(b) Any information regarding software, products, designs, prototypes, specifications, text, content, media, code, applications, technology, algorithms, test processes, inventions, intellectual property, or any other element you have observed or interacted with during a Beta Tester Program (collectively, “Test Materials”) in the past, present, or will in the future.
(c) The fact that a specific Beta Tester Program exists or that any associated Test Materials exist.
(d) Any information related to iMixedTape Product Owners.

As a Participant, you will be provided, granted access to, or otherwise learn about or develop Confidential Information. Confidential Information must be protected and held in absolute confidence. You agree not to disclose Confidential Information to anyone, including friends, family members, or any other third party. iMixedTape grants you a non-exclusive, temporary, non-sublicensable, personal license to use Confidential Information only in the performance of Beta Tester Programs on behalf of iMixedTape and Product Owners, following the instructions, guidelines, and requirements provided. You agree that you will not modify, disassemble, decompile, reverse engineer, reproduce, rent, lease, sell, transfer, export, or allow access to Confidential Information or any Test Materials.
Confidential Information shall not include information which is available in the public domain.

Payments And Rewards For Beta Tester Programmers
As specified in the details for each Beta Tester Program, we facilitate payments or other rewards on behalf of iMixed Tape to only accepted Beta Tester Programmers in exchange for completing the requirements and associated tasks and Feedback. This Beta Tester Programs offer compensation of $10-$25 and/or other gifts or company merchandize subject to availability.

Cash awards are paid as Amazon.com gift cards in the United States or a country of your choice where Amazon operates. In case Amazon gift card can not be redeemed in your country of choice, iMixed Tape shall make other suitable arrangements to grant the award to the individual requesting such exception. We employ automated, random, and manual methods to detect spam and other security issues. In case of such exception, at our sole discretion and for any reason or no reason, prior to receiving a payment, you may be required to validate your identity, provide proof of identification (driver’s license, passport, etc), and obtain a Verified PayPal account.
We reserve the right to deny and withhold payments and rewards to any Participant that is found or suspected to have (a) provided incorrect or misleading information; or (b) failed to meet the Beta Tester Program requirements; or (c) provided low quality Feedback; or (d) maintained multiple accounts on iMixedTape; or (e) cheated or manipulated the Service in any way.

Warranty Disclaimer
iMixedTape IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. iMixedTape TRIES TO KEEP THE WEBSITE SAFE, SECURE, BUG-FREE, AND AVAILABLE, BUT WE DO NOT GUARANTEE THAT THE iMixedTape WEBSITE WILL BE SAFE, SECURE, AVAILABLE, OR BUG-FREE. YOU USE THE WEBSITE AT YOUR OWN RISK. iMixedTape DOES NOT WARRANT OR GUARANTEE THE QUALITY, RELIABILITY, ACCURACY, AVAILABILITY AND SECURITY OF THE iMixedTape WEBSITE, OR CONTENT ON THE WEBSITE.

THE iMixedTape WEBSITE IS DEVELOPED AND CONTROLLED IN THE UNITED STATES OF AMERICA and INDIA. WE DO NOT GUARANTEE THAT THE WEBSITE IS AVAILABLE OR SUITABLE IN OTHER JURISDICTIONS AND THOSE THAT ACCESS THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE TO COMPLY WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS.
APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW FOR ALL LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL iMixedTape OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE iMixedTape WEBSITE OR SERVICE, EVEN IF iMixedTape HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, iMixedTape’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OR CLAIM RELATED TO THE iMixedTape WEBSITE OR SERVICE WILL AT ALL TIMES NOT EXCEED THE TOTAL SERVICE FEES PAID BY YOU TO iMixedTape DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF LIABILITY.

APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. iMixedTape’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

Release of Liability from Damages
In the event that you have a dispute with another party on iMixedTape, you affirmatively agree to hold iMixedTape, and our officers, directors, managers, employees, and agents, harmless from any losses, claims, or other damage whatsoever, whether actual or consequential, of every kind and nature, arising out of or in any way related to such dispute.

You expressly waive Section 1542 of the California Civil Code, and any similar law in any other jurisdiction and State of Arizona, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor.”

Indemnity
You agree to indemnify, defend, and hold iMixedTape, its officers, managers, and employees harmless from any claim, demand, action, loss or damages, including reasonable attorney’s fees, brought by a third party against iMixedTape arising out of, relating to, or resulting from (a) your use of the Website or services provided by iMixedTape; (b) any and all payment obligations incurred through the use of the Website, or your failure to pay any invoice or dispute of any payment; (c) your decision to submit personal financial information or credit card information through the Website; (d) your decision to submit Projects, offer Proposals, extend or accept offers from other Customer or beta tester; (e) any claims or breach of contract made by Customer or beta tester with which you worked with through the Website; (f) any claims or liabilities related to the payment and reporting of taxes for any payments made through the Website; (g) your breach of this Agreement; or (h) any intentional wrongdoing by any other Member on the Website whom with you interacted.

We will notify you in writing of any such claim or liability or threat thereof, cooperate with you in the defense or settlement, and allow you to control the defense or settlement. We shall be at liberty to partake in the defense at our own expense through our own council.

General Terms
This Agreement is a complete and exclusive statement of the entire agreement between you and iMixedTape concerning the Website.
If any portion of this Agreement is found to be illegal or unenforceable, neither the validity nor enforceability of the remainder of the Agreement shall be affected. The failure of iMixedTape to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
You may not assign or transfer all or any part of your rights under this Agreement without the express written consent of iMixedTape.
The captions and bold paragraph headings included in this Agreement are for convenience only and shall not be given any legal or contractual effect.

 

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