Mix Tape Music Bingo Terms and Conditions of Use
Welcome to MixTape Worldwide!
We are an entertainment company dedicated to helping businesses elevate their events by offering easy-to-use apps and proven systems that make game hosting a breeze. Our mission is to drive more traffic to your venue and keep your guests coming back for more. To that end, we’ve created MixTape Music Bingo, available through our website mixtapemusicbingo.com. These Terms of Service have been developed to ensure clarity and compliance, so please take a moment to review them.
Introduction
MixTape Worldwide Pty. Ltd. (herein referred to as MixTape Music Bingo, “us” or “we”) provides the service MixTape Music Bingo (herein referred to as the “Service”). These Terms and Conditions (herein referred to as the “Terms”) describe the conditions for Your use of the Service and set out Your rights and responsibilities.
You (herein referred to as “You”) are the entity which You represent in accepting these Terms. If You are using the Service as an individual, then You are responsible individually. If You are accepting these Terms on behalf of an entity (including an employer), then You are representing to us that You have full authority to bind the entity to these Terms, that You have read and understand the Terms, and that You agree to the Terms on behalf of the entity that You represent. “You” also refers to any authorized end-user or individual who accesses and uses the Service.
Please read the Terms carefully before using the Service. Your access to and use of the Service is based on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and accept all legal consequences. If You do not agree to these Terms, in whole or in part, please do not use the Service.
Your Information
In order to provide You with the Service, we are required to collect information about You (herein referred to as “Your Data”). Your Data will include billing information, service information, and any other details which we may need to provide the Service and to receive payment for it. You retain all rights, titles, and interest in and to Your data in the form submitted to us or the Service. Subject to these Terms, and solely to the extent necessary to provide the service to You, You grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your data. Solely to the extent that reformatting Your data for display in the Service constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access Your accounts and Your Service in order to respond to Your support requests.
Subscriptions
Some parts of the Service are billed on a subscription basis (herein referred to as “Subscription”). You will be billed in advance on a recurring and periodic basis (herein referred to as the “Billing Cycle”). Billing Cycles are set on either a monthly or multi-monthly basis, depending on the type of Subscription plan You select when purchasing Your Subscription. At the end of each billing cycle, Your subscription will automatically renew under the exact same conditions unless You cancel it or MixTape Worldwide cancels it. You may cancel Your Subscription renewal either through Your online account management page or by contacting the Customer Support Team. A valid payment method, including a credit card, is required to process the payment for Your Subscription. You shall provide MixTape Worldwide with accurate and complete billing information including a full name, address, state or province, zip code or postal code, telephone number, and a valid payment method. By submitting such payment information, You automatically authorize MixTape Worldwide to change all Subscription fees incurred through Your account to any such payment instruments. Should automatic billing fail to occur for any reason, MixTape Worldwide will a payment reminder, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the original invoice.
Fee Changes
MixTape Worldwide, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. MixTape Worldwide will provide You with reasonable prior notice to terminate Your Subscription before such changes become effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by MixTape Worldwide on a case-by-case basis and granted in sole discretion of MixTape Worldwide.
Accounts
When You create an account with us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on our Service.
You are responsible for safeguarding the password You use to access the Service and for any activities or actions taken under Your password, whether Your password is with our Service or a third-party service.
You agree not to disclose Your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Privacy Policy
We implement security procedures designed to help protect Your Data from security attacks. In order to continually improve the Service, we use analytics techniques to better understand how our Services are being used. This may include a review of Your usage and activity in the Service.
Data Compliance
You and Your use of the Service must always comply with these Terms, the Acceptable Use Policy, and all Laws. You represent and warrant that (a) You have obtained all necessary rights, releases, and permissions to submit Your Data to the Service and grant the rights granted to us in these Terms and (b) Your Data and its submission and use as You authorize in these Terms will not violate (i) any laws; (ii) third-party intellectual property, privacy, publicity, or other rights, and; (iii) any of Your or Your third-party policies or terms governing Your Data. Other than our express obligations in our security and data privacy policies, we assume no responsibilities or liabilities for Your Data, and You are solely responsible for Your Data and the consequences of submitting and using it with the Services.
You will not submit to the Service (or use the Service to collect) any sensitive data. You also acknowledge that we are not acting as Your Business Associate or subcontractor (as such terms are defined and used in HIPPA). This Service is neither HIPPA nor PCI DSS compliant. Notwithstanding any other provision to the contrary, we have no liability under these Terms for sensitive data.
othing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas, or court orders, but we will use commercially reasonable efforts to notify You where permitted to do so.
Removal of Information
We have no obligation to monitor any content uploaded to the Service. Nonetheless, if we deem such action necessary based on Your violation of these Terms, or in response to takedown requests received, we may (a) remove Your Data based on Your violation of these Terms or (b) suspend Your access to the Service. We will use reasonable efforts to provide You with advance notice of removals and suspensions when practicable. If we determine that Your actions endanger the operation of the Service or other users, we may suspend Your access or remove Your Data immediately without notice. We have no liability to You for removing or deleting Your Data from or suspending Your access to the Service.
Links to Other Web Sites
The Service may contain links to third-party websites or services that are not owned or controlled by MixTape Worldwide. MixTape Worldwide has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services that You visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach the Terms. All provisions of the Terms shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your account, please see the instructions above under ‘Accounts’.
Indemnification
You agree to indemnify, defend, and hold harmless MixTape Worldwide, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, obligations, costs, actions, or demands arising from or related to Your use of the Service and the use of other third-party integrations in connection with Your use of the Service. These include but are not limited to: (a) legal and accounting fees resulting from Your use of the Service and other third-party integrations in connection with Your use of the Service, for enforcement of these Terms; (b) Your breach of any of these Terms; (c) anything You post on or upload to the Service, and; (d) any activity related to Your account. This includes any negligent or illegal conduct by You, any person or entity accessing the Service using Your account, whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
MixTape Worldwide, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) Your access to or use of the Service and other third-party integrations in connection with Your use of the Service; (ii) Your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Service Level and Customer Responsibilities
Licenses and Permissions for Music Use: You are solely responsible for obtaining the correct and relevant licenses or permissions for the public performance of music at Your venue. This includes, but is not limited to, any required licenses from performing rights organizations (PROs), such as SOCAN, ASCAP, BMI, or other applicable music licensing bodies in Your region. MixTape Worldwide and the MixTape Music Bingo service do not include or provide any such licenses or permissions for music usage. By using the Service, You acknowledge that it is Your responsibility to ensure compliance with all local, state, or federal regulations regarding the public use of music in Your venue. Failure to secure these necessary licenses may result in legal action, for which MixTape Worldwide holds no liability.
Explicit Content in Music Playlists: Some of the music playlists provided through MixTape Music Bingo may contain explicit lyrics or content that is not suitable for persons under the age of 18. While we strive to maintain clean and family-friendly playlists, some songs may include explicit, suggestive, or potentially offensive material. It is the sole responsibility of the user to review and censor this content as necessary for their audience. MixTape Worldwide assumes no responsibility for any exposure to explicit or inappropriate content during the use of the Service.
"Free to Play" Game Policy: MixTape Music Bingo is designed as a "Free to Play" game, intended to provide entertainment without any charge for participants. Any deviation from this "Free to Play" structure, including charging entry fees, participation fees, or offering prizes that require payment, is the sole responsibility of the user. If You choose to modify the game's format, You must ensure that Your event complies with all applicable local, state, and federal laws, including but not limited to gambling, gaming, and licensing regulations. MixTape Worldwide is not responsible for any legal or regulatory consequences resulting from the modification of the "Free to Play" format.
Service Availability: While we strive to ensure MixTape Bingo is consistently available, certain aspects of our service rely on third-party platforms, including GoDaddy Cloud Services and SquareSpace. These dependencies mean that occasional outages beyond our control may occur. We do not guarantee uninterrupted service and are not liable for any downtime caused by these external platforms.
Customer Responsibilities: It is the responsibility of our customers, particularly hosts, to ensure they have a stable and robust wireless/internet connection and sound system at their event locations. Quality of internet and wireless services can significantly impact the functionality of MixTape Music Bingo.
No Financial Liability: MixTape Bingo will not be held financially responsible for any disruptions or outages caused by failures in GoDaddy Cloud Services, Squarespace, or any other third-party platforms. Our role does not extend to managing or maintaining these external services.
Backup Plans: We strongly advise our customers to have contingency plans, such as paper-based games or alternative activities, to address unexpected disruptions. This preparation ensures that your event can proceed smoothly, even in the face of technical challenges beyond our control.
Disclaimer and Non-Waiver of Rights
MixTape Worldwide makes no guarantees, representations or warranties of any kind as regards to the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service and other third-party integrations in connection with Your use of the Service is at Your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
MixTape Worldwide, its subsidiaries, and its licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; and (d) the results of using the Service will meet Your requirements.
If You breach any of these Terms and MixTape Worldwide chooses not to immediately act, or chooses not to act at all, MixTape Worldwide will still be entitled to all rights and remedies at any other date, or in any other situation, where You breach these Terms. MixTape Worldwide does not waive any of its rights. MixTape Worldwide shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license, or otherwise transfer any of Your rights under these Terms.
Exclusions
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised Terms.
Contact Us
If you have any questions about these terms, please contact us at hello@mixtapemusicbingo.com
Oh yeah, one last thing… Have fun!