Terms of Service
Last Updated: Feb 1, 2017
We are Mix Tech, Inc. (“Mix”,“us”,“we” or“our”), a corporation registered under the laws of the state of Delaware in the United States with its principal office address at 660 4th Street #558, San Francisco, CA 94107, USA.
About the Mix Services
We provide users (“you”,“your”) with services, delivered via the Mix website (currently located athttp://www.mix.com), the Mix mobile applications, and/or any other platform or media through which we may make such services available from time to time, that allow you to explore the Internet, find new websites that may be of interest to you, receive recommendations of websites from Mix, and join a community of individuals with similar tastes and interests (collectively, the “Services”).
About These Terms of Service
Changes to These Terms of Service
Mix reserves the right to change these Terms of Service from time to time. We will usually inform you of any changes by posting the updated Terms of Service on the Mix website, which also may be accessed through the mobile applications. If we make any material changes to these Terms of Service, we will post a notification on the Mix website and, if you have provided us with contact information, we will notify you via your preferred means of contact and/or by asking you to review the changes to these Terms of Service the next time you access the Services. Your continued use of the Services after the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.
If you sign up for additional services from Mix, those additional services may be governed by terms associated with those services, which will apply to you in addition to these Terms of Service. If there is a conflict between these Terms of Service and terms and conditions for such additional services, the latter shall take precedence with respect to the additional services.
Creating an Account
You may choose to create a Mix account or you may use the Services without creating an account. Either way, we consider you a“User” of the Services. You may also have created an account through one of Mix’s connected social networking communities (“Partner Communities”). Once you have created an account you may choose to add a photo or other information to your profile (the“Mix Profile”).
By using the Services, you represent that:
- All required registration information you submit either as part of the Mix registration process or by your registration through a Partner Community is truthful and accurate.
- You will maintain the accuracy of such information.
- If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
- You are 13 years of age or older.
- Your use of the Services does not violate any applicable law or regulation.
Your Mix account may be deleted if we have reason to believe that you do not meet these eligibility requirements.
When you register, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password and all use of account. You agree not to use the account or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
Allowed Used of Services
The Services are made available to you for your non-commercial use only. Other than permitted advertising, you may not use the Services to promote a product or service. Mix makes no guarantee of traffic to any particular website or application. You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate others through the Services. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services. You may not use the Services in any way that could damage, disable or overburden the Services or the networks or services connected to the Services. You will not, and will not enable others to, crawl, scrape, cache or otherwise access any Content on the Service via automated means. You may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless expressly authorized in writing by Mix, or as permitted in any other agreement you enter into with Mix. You agree that you are responsible for all data charges you incur through use of the Services. Mix may restrict, deactivate or terminate your access to the Services or your account for any reason. Mix reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice.
You acknowledge that Mix owns all right, title and interest in and to the Services, including all underlying software and technology and all Intellectual Property Rights in relation to the Services, other than those owned by third parties.“Intellectual Property Rights” means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including patent law, copyright law, trade secret law, trademark law, unfair competition law. Mix grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you for your use of the Services as permitted under these Terms of Service.
The Services contain different types of Content: Mix Content, Third Party Content and User Content.“Content” means any and all text, images, photos, videos, music, sounds, postings, links, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship. Each type of Content that you encounter has different rules and restrictions, as set forth below:
As between Mix and you, Mix owns or controls all right, title and interest in the Services and in the Content that it has placed on and within the Services, including its logos, trademarks, page headers, custom graphics, button icons, scripts and all other Intellectual Property Rights it controls (“Mix Content”).
Content from third parties, including advertisers, is displayed through the Services (“Third Party Content”). You may add or recommend such Third Party Content to the Mix Services and you may share Third Party Content with others using the share feature. We do not filter or exercise control over Third Party Content and you agree that we are not responsible for any such Third Party Content, including advertising and/or information about products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content. By choosing your preferences, you can designate types and categories of Content you prefer to access, and you can report Content that you think is inappropriate, but Mix cannot guarantee that you will only access the types and categories of Content you designate. Mix is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
We do not claim ownership in any Content that you add, post, display, or otherwise make available to the Services through your Mix account, your comments, or other features of the Services that may allow you to post your own Content (“User Content”). By posting User Content, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted here will survive the termination or expiration of these Terms of Service. You are solely responsible for any and all User Content that you post on the Services and for your interactions with other Users. You should only post User Content to the Services that you own and that you are comfortable sharing with others. You may not post a photograph or video of another person without that person’s permission. You represent that: (1) you own the User Content posted by you on the Service or otherwise have the right to grant the licenses set forth here, and (2) your User Content and the use of it by Mix does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under these Terms of Service, you agree not to: (1) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (2) rent, lease, loan or sell access to the Services; or (3) decompile, reverse engineer or copy any Content or the Services. You also agree to not remove, obscure or alter Mix’s or a third party’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You may not remove any advertising or branding presented within the Services.
You agree that you will not post or share through the Services any Prohibited Content.“Prohibited Content” includes, without limitation, Content that, in the sole discretion of Mix: (1) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (2) harasses or advocates harassment of another person; (3) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming”; (4) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (5) infringes the Intellectual Property Rights of another person; (6) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (8) otherwise violates applicable law, these Terms of Service or potentially creates liability for Mix. Any accounts posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content or links to Content that we determine in our sole discretion is prohibited under these rules. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any User or any other person, or create potential liability for us or any User.
Mix respects the Intellectual Property Rights of creators. If you believe that your work has been displayed, posted, copied or included within the Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations. For all other copyright notifications, please provide our Copyright Agent with the following information: (1) a digital or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Services; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Mix Tech, Inc.
Attn: Copyright Agent
660 4th Street #558
San Francisco, CA 94107
We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate the account of any Mix User who repeatedly is accused of infringing copyrights.
Termination & Your Breach of These Terms of Service
Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your Mix account. Mix reserves the right to modify, suspend, limit or terminate the Services or your access to the Services for any reason, with or without notice, at any time, and without any liability or obligation to you. If we terminate your access to the Service or you deactivate your account, your Content and your posts, photos, comments, connections, followers, and all other data will no longer be accessible through your account, but your Content or other data may continue to exist within and/or be displayed via the Service. In addition, you acknowledge and agree that Mix may store Content removed from the Services, including, without limitation, in order to comply with certain legal obligations.
In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of Mix or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, you agree that we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Mix account information (i.e. name, e-mail address, etc.), IP address, traffic information, usage history and Content.
While Mix strives to make the Services as accessible and functional as possible, from time to time the Services may be interrupted, including, due to scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment, servers or software, and/or due to issues with telecommunications services or providers. As a result, the Services and any Content may not always be accessible or reliable. You acknowledge and agree that the Services and any Content may not always be accessible, that you are not relying on the Services to store or backup your Content, and that Mix will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Disclaimer of Warranties
THE SERVICES AND THE MIX CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MIX NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “MIX PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MIX CONTENT; (C) USER CONTENT; (D) THIRD PARTY CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MIX OR VIA THE SERVICES. THE MIX PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MIX PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR ANY EQUIPMENT OR SOFTWARE THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MIX PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING OR ACCESSING THE SERVICE AT YOUR SOLE RISK. THE MIX PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MIX PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE MIX PARTIES DO NOT ENDORSE ANY USER CONTENT OR THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
THE MIX PARTIES WILL NOT BE LIABLE TO YOU FOR, AND YOU AGREE TO HOLD THE MIX PARTIES HARMLESS FROM, ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT RESULT FROM OR ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SERVICE; (2) THE MIX CONTENT; (3) USER CONTENT; (4) THIRD-PARTY CONTENT; (5) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE PERFORMANCE OF THE SERVICE; (6) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MIX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (7) ANY ACTION TAKEN IN CONNECTION WITH RESPECT TO THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS OF OTHERS; (8) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (9) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT, EVEN IF FORESEEABLE AND REGARDLESS OF WHETHER THE MIX PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL THE MIX PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MIX PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MIX’S ACTS, OMISSIONS OR NEGLIGENCE, ANY SUCH DAMAGES, LOSSES OR INJURIES ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO INJUNCTIVE OR EQUITABLE RELIEF OR TO PREVENT ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE MIX PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MIX PARTIES.
You hereby release us, our officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from (1) any interaction you have with other Users, or (2) your participation in any of our offline events. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “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.”
You agree to defend, indemnify and hold the Mix Parties harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Content, your access to or use of the Services, your violation of any law or regulation, and your violation of these Terms of Service. You agree to cooperate in the defense of any claim to the full extent requested by Mix. Mix reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Mix.
Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that Mix will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users, Advertisers or other third parties.
Third Party Services & Partner Communities
The Services may contain links to or integrations with third party websites, applications and/or services (“Third Party Services”) (1) displayed as part of the Services, (2) placed by us or third parties as a service to those interested in this information; or (3) posted by other Users. We may also place links or enable sharing or integration with Partner Communities or other Users. You use all such links and integrations at your own risk. To the extent such links or integrations are provided by us, you understand that they do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities, or links or integrations from third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service or Partner Community.
If you have comments on the Mix Services or ideas on how we might improve, please contact ushere. You acknowledge and agree that if you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted here shall survive the termination or expiration of these Terms of Service.
Initial Resolution of Questions or Disputes
If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us directlyhere.
Arbitration & Waiver of Class Action
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Law & Jurisdiction
These Terms of Service shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Mix must be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
These Terms of Service constitute the entire agreement between you and Mix with respect your use of the Services and supersede and replace all prior or contemporaneous communications or agreements, written or oral, including any prior versions of the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights on any person or entity. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Mix. The provisions of these Terms of Service that by their nature are continuing will survive any termination.
Effective Date: February 1, 2017