Welcome to Mixcloud Tips.
Mixcloud Tips enables creators to securely receive one-off payments from listeners (“Tip Payments”) via our trusted payment processor.
These Terms & Conditions are split into 2 sections: terms of use for the creator who has enabled Mixcloud Tips on their profile (“Creator”), and terms of use for the listener (“Listener”) (together, the “Mixcloud Tips Terms & Conditions”).
Your usage of Mixcloud Tips is also subject to the General Terms of Use (which encompasses, for the avoidance of doubt, the Privacy Policy, the DMCA Policy and the Cookies Policy).
This section sets out the terms of use by the Creator (or “you” in this section) of Mixcloud Creator Subscriptions (the “Creator Terms of Use”).
1.1. For the avoidance of doubt, any audio, images, commentary or another content submitted by you (the “User Content”) to the Mixcloud Platform will be subject to the General Terms of Use, in particular sections 11 and 12. Any use of Mixcloud Creator Subscriptions in contravention of the General Terms of Use shall be grounds for immediate termination of your Mixcloud Creator Subscriptions account pursuant to section 6 below.
1.2. You acknowledge that any musical works uploaded as part of your User Content will remain the property of the underlying rightsholders and that you will not gain any rights in the musical works by virtue of uploading to the Mixcloud Platform or participating in Mixcloud Tips.
1.3. You acknowledge that Mixcloud has no control over, and no duty to take any action regarding, which listeners decide to access the User Content, as long as they are complying with the Listener Terms of Use and the General Terms of Use.
2.1. Mixcloud Tips is available for Creators on an opt-in basis. To be eligible to enable Mixcloud Tips, a Creator must:
2.1.1 Have an active and paid-up Mixcloud Pro subscription.
2.1.2 Be located and registered to receive payments inside a territory supported by our payment processor, Stripe.
2.1.3 Provide our payment processor, Stripe, with requested account, business, or identity information that is required to process your payments.
3.1. You must agree a current, valid, accepted payment method with Mixcloud (the “Elected Payment Method”). You hereby warrant and represent that you have the requisite authority to designate the Elected Payment Method.
3.1.2 You are solely responsible for any credit card fees, banking charges or any other charges associated with receiving payments via your Elected Payment Method in the currency you select (the “Designated Currency”).
3.2. The amount due to you in connection with each Tip Payment will vary depending on the Tip Payment amount and currency the Listener chooses. Listeners can choose a Tip amount at or above the minimum of EUR / GBP / USD 2.00 per transaction.
3.2.1 Although you will only be able to make withdrawals in your Designated Currency a Listener can elect to make payment in any currency and you will bear the cost and risk of any foreign exchange and associated processing fees necessary. For example, if the Designated Currency for your Elected Payment Method is set to GBP and a Listener elects to pay in USD, they will be charged in USD. This USD payment will be converted into its equivalent GBP amount (working in conjunction with our third-party payment processor).
3.3. Payment by Mixcloud will start once you have reached a threshold of GBP 50 (corresponding with your Designated Currency) (the “Minimum Withdrawal Amount”). Payments are processed on a monthly basis (the “Payout Cycle”) and your payment will be issued during the next eligible cycle.
3.3.1 If you wish to withdraw less than the Minimum Withdrawal Amount (for example, because the amounts in your account are less than the Minimum Withdrawal Amount), please contact our Support Team at support@mixcloud.com. Your payment will be issued in the next Payout Cycle and will be subject to a processing fee of £5 GBP (the “Early Payout Fee”), which will be deducted from the amount in your account.
3.4. We may prohibit access to the funds due to you and hold payments in instances where:
3.4.1. required by law or a regulatory authority (such as a tax authority); or
3.4.2. we suspect you are engaging in abuse or fraudulent activity on the Mixcloud Platform.
In such instances of cancellation, no refund will be payable by us.
3.5. Apart from VAT, we do not handle tax payments and you will remain fully responsible for fulfilling the relevant tax obligations in your jurisdiction. We will be responsible for VAT payments to the relevant tax authorities and we will charge the Listener for VAT on top of the Tip.
4.1. The Creator Terms of Use, and any rights, obligations or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mixcloud without restriction. Any assignment attempted to be made in violation of the Creator Terms of Use shall be void.
5.1. You can disable your Mixcloud Tips account at any time through contact with Mixcloud Support team at support@mixcloud.com.
5.2. If you choose to do so, all outstanding funds in your account will be remitted to you during the next Payout Cycle. If you have not reached the Minimum Withdrawal Amount, your payment will be subject to the Early Payout Fee.
5.3. We can terminate or suspend your Mixcloud Tips account at any time at our discretion, including, but not limited to:
5.3.1. as a result of your breach of the Creator Terms of Use and/or General Terms of Use;
5.3.2. as required by law or a regulatory authority (such as a tax authority); or
5.3.3. any abuse or fraudulent activity on the Mixcloud Platform;
Upon suspension, all funds in the account will be remitted back to you (except where subsections 5.3.2 and 5.3.3 apply), and no further payments will be accepted. If you have not reached the Minimum Withdrawal Amount, your payment will be subject to the Early Payout Fee.
5.4. All provisions of these Creator Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, the disclaimer.
You agree to indemnify, hold harmless, and keep Mixcloud Limited, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Creator Terms of Use, including, without limitation: (a) your use of the Mixcloud Platform; (b) your violation of these Creator Terms of Use or any law, rule or regulation; (c) your User Content; or (d) your placement or transmission of any of your User Content or any other content or materials on or through the Mixcloud Platform.
IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THE GENERAL TERMS OF USE, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATION AS TO THE ENGAGEMENT THAT YOUR USER CONTENT YOU SUBMIT WILL GENERATE ON THE MIXCLOUD PLATFORM. ANY USER CONTENT THAT YOU UPLOAD ONTO THE MIXCLOUD PLATFORM IS AT THE SOLE DISCRETION OF THE CREATOR. OTHER THAN ENSURING THE COMPLIANCE OF THE CONTENT WITH THE GENERAL TERMS OF USE AND THE MIXCLOUD SELECT TERMS & CONDITIONS, WE DO NOT SCREEN THE USER CONTENT IN ANY WAY.
8.1. These Creator Terms of Use and any related dispute or claim (contractual or non-contractual) shall be governed by English law, and subject to the exclusive jurisdiction of courts of England.
8.2. If any provision or provisions of these Creator Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
This section sets out the terms of use by the Listener (or “you” in this section) of Mixcloud Tips (the “Listener Terms of Use”).
Certain features of the Mixcloud Platform are only available to registered users, which are detailed below.
1.1. You must have a Mixcloud account in order to access Mixcloud Tips.
1.2. Tips will only be accessible on certain compatible devices.
1.3. Tips will only be available in regions supported by our payment processor, Stripe.
2.1 You may elect to make payment to any Creator account with Mixcloud Tips enabled. You can select a payment amount from a minimum of EUR / GBP / USD 2.00 per transaction.
2.2. You may elect to make payment via a current, valid, accepted payment method that is presented to you during the purchase process (the “Elected Payment Method”). You hereby warrant and represent that you have the requisite authority to designate the Elected Payment Method.
2.3. You will be billed immediately upon the confirmation of the Tip during the checkout flow.
2.4. Tip payments cannot be cancelled and no refund will be made of any Tip payments already billed and paid.
3.1. Mixcloud reserves the right to suspend and terminate your user account with immediate effect and without notice if Mixcloud determines in its reasonable discretion, that:
3.1.1. you have breached these Listener Terms of Use and/or the General Terms of Use; or
3.1.2. you are engaged in any abuse or fraudulent activity on the Mixcloud Platform;
Please note that we will not offer a refund of any payments (including Tips) if your account is terminated for breach of these Listener Terms of Use and/or the General Terms of Use.
3.2. In the event that Mixcloud is prohibited from taking payment via your Elected Payment Method or a payment is not fully settled promptly, we will send you a notice of this in order so that you may remedy it.
3.3. Nothing in this section 3 shall prejudice the rights of Mixcloud as set out in the General Terms of Use.
3.4. All provisions of these Listener Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, the disclaimer and the indemnity.
4.1. We will process your data in accordance with the terms of our Privacy Policy.
4.2. When you use Mixcloud Tips to send a payment to a Creator, the Creator will only be able to access information that is made publicly available by you on the Mixcloud Platform. We will not pass any other personal information to the Creator.
You agree to indemnify, hold harmless, and keep Mixcloud Limited, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Listener Terms of Use.
IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THE GENERAL TERMS OF USE, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATION AS TO THE CONTENT OF ANY SHOWS OR AVAILABILITY OF ANY SHOWS THAT ARE AVAILABLE, OR WILL BE AVAILABLE, ON THE MIXCLOUD PLATFORM. ANY CONTENT THAT IS UPLOADED IS AT THE SOLE DISCRETION OF THE CREATOR AND UNDERLYING RIGHTSHOLDER. OTHER THAN ENSURING THE COMPLIANCE OF THE CONTENT WITH THE GENERAL TERMS OF USE AND THE MIXCLOUD SELECT TERMS & CONDITIONS, WE DO NOT SCREEN THE CONTENT IN ANY WAY.
7.1. These Listener Terms of Use and any related dispute or claim (contractual or non-contractual) shall be governed by English law, and subject to the exclusive jurisdiction of courts of England.
7.2. If any provision or provisions of these Listener Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
7.3. Mixcloud may, from time to time, change these Listener Terms of Use. We will notify you reasonably in advance before such changes apply to you.