The Pure Mix, LLC is a registered company in the state of Indiana.
Referred hereinafter as ‘TPM’, ‘our’, ‘we’ and ‘us’; is an internet service provider. All customers under our service are subject to the terms and conditions described in this document. Under the terms of this agreement, signing up and/or using our service(s) in any form therefore declares that you have read, understand, and agree to the terms and conditions stated below. TPM reserves the right to make alterations to this document whenever we deem reasonable. It is the client’s sole responsibility to check this document for updates on a regular basis.
ACCEPTABLE USE, COPYRIGHTS & RESTRICTIONS
All material on this site, including but not limited to text, images, illustrations, code, scripts and audio clips/live audio is protected by copyrights which are owned and controlled by TPM. Material from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless we give you the written permission to do so.
STREAMING, CONTENT HOSTING & LICENSING
TPM does not actively monitor stream contents and all content broadcast is the sole responsibility of the client. Clients can optionally sign up for our StreamMonitor service, which will monitor the uptime of their broadcast.
If you do not purchase and/or complete a signed agreement for our Managed Royalty Services, then we do not provide any form of legal cover to individuals or companies who utilize our services to distribute content with copyright protection. Under no circumstances will TPM be responsible for the behavior of our clients or their users.
Unless you have entered a separate signed agreement with TPM to provide licensing services, all licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities. None of our streaming services or packages include licensing services. Only a separated signed agreement specifically for Royalty Services will override this clause.
TPM reserves the right to terminate services without refund if you distribute illegal material, racist or any other un-sociable material.
If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations.
We reserve the right to suspend or terminate any service which is associated with any form of network attack on our servers and network.
TPM is not responsive for any loss of data stored on our servers, we do not include backup of data. All data is stored at client’s own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.
All streaming purchased from TPM is limited in bandwidth by a bitrate (X kbps). If you choose to stream above the purchased bitrate on a live server, we reserve the right to terminate your account without warning, refund or explanation.
TPM will provide the services 24 hours a day, 7 days a week for as long as you have paid for the services. We will provide our best efforts to remain our streaming services up to a 99.9% uptime. Our uptime calculation does not include any maintenance windows, planned downtime or DNS errors. The 99.9% uptime should be considered the network availability (from the servers end) and hardware of the streaming services. In the event of downtown, TPM may supply a backup server and reroute DNS to the backup server.
PAYMENT, CANCELLATION, REFUNDS AND CREDIT
Services are billed on a monthly or yearly subscription basis unless otherwise specified. All Paypal and card payments are processed in US Dollars ($) and are recurring fees. If you are paying with another form for currency, then the payment may vary depending on the current exchange rate. We are not liable to compensate for any additional fees applied to payments by a bank or card issuer (including international transaction fees).
Payment will be collected on a specific billing date either, 1 time, 1 month or 1 year from the initial signup date automatically and will continue until a written cancellation request is received via the client control panel. Some services will require a yearly commitment and any cancellation terms will be detailed in your written agreement. Written agreements for payment, cancellation terms, and commitments will supersede any rules in our Terms and Conditions.
Failure to pay for services delivered will result in suspension of service and/or late payment fee’s. If services are left unpaid for an extended period of time we reserve the right to suspend or terminate the service. You may be responsible for termination fees, based upon your original agreement.
You are not liable for any form of refund if you have breached the terms of service in any way, which includes exceeding the agreed bitrate limit and broadcasting unsuitable content.
All payments billed to existing clients are non-refundable, clients wishing to cancel our service should contact us at least 5 business days in writing via the client support area before the next billing date, we are unable to accept cancellation requests via any other form of communication. Cancelling a PayPal or Card subscription does not cancel your subscription plan with us.
Payments via PayPal Subscription are managed solely on the clients side. If any changes are made to their services which alters the cost it is the clients responsibility to ensure their previous PayPal subscription has been canceled. This also applies to canceled services. Any overpayments to accounts due to a duplicate PayPal subscription will be added automatically to account credit and will accrue until the subscriptions are cancelled. Credit is non refundable.
Credit may be applied to your TPM account for a number of different reasons including, and not limited to PayPal overpayments, service availability compensation, ad network payments, etc. Credit is non-refundable and non-transferable between accounts. Credits does not expire. TPM reserves the right to audit and remove any credits provided in error to our clients. If a client believes a credit was removed incorrectly, they are instructed to open a support ticket and provide a transaction number or Paypal reference number.
Customers who require technical support can contact us at any time via the support ticket system. This can be accessed via your secure website. Attempting to seek support via any other channel or direct email may delay or prevent any response from the support team. We aim to respond to all requests within 24 hours and most tickets are replied to and often resolved well within this timeframe. However, our standard products do not include any form of support time response guarantee unless otherwise specified.
We regret that we are unable to provide technical support via other lines of communication such as telephone or live chat to clients. This is enforced due to the nature of our business and to ensure the quickest resolution to your support needs.
TPM agrees to offer support to clients only on topics directly relating to our services and our technical support team are there to assist clients with any problems directly relating to the availability or functionality of our service. Our support service does not cover generic computer or website advice. For any advanced technology support may require our DevHands/SupportHands add on service. If a service does require a charge, that charge will be discussed and must be approved in written by the customer before service can be rendered.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. TPM may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL TPMOR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF TPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL TPM OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL TPM OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY.