Terms of Service
Last Updated: Oct 30, 2015
These Terms of Service (“Terms of Service”) govern your access to and use of the website, mobile applications and services and any software provided on or in connection with the services (collectively, the "Service") made available by Mix Technologies, Inc. (“Mix,” “we,” “us”).
By accessing or using the Service, however accessed, you agree to be bound by these Terms of Service. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.
There may be times when a feature or other portion of the Service has terms and conditions that apply in addition to these Terms of Service. In those cases, the terms specific to the feature control or other portion of the Service in the event they conflict with these Terms of Service.
Your Eligibility to Use the Service
- You may only use or access the Service if you are at least 13 years old.
- You may only use or access the Service if your use of or access to the Service is permitted the state, country or other jurisdiction in which you use or access the Service.
- You may only use or access the Service if you provide Mix with accurate, current and complete information upon registration and at all other times. You agree to update your information as necessary ensure such information is current and to maintain its accuracy and completeness.
Your Use of the Services
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Mix prohibits the creation of, and you agree that you will not create an account for, anyone other than yourself, except in instances where you are expressly authorized to create accounts on behalf of their employers or clients.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You may not post violent, discriminatory, unlawful, pornographic or sexually suggestive content on the Service or any content that infringes or interferes with the rights of others or is deemed, in the sole discretion of Mix, to be offensive or to infringe or interfere with the rights of others.
- You are responsible for keeping your login credentials and account information secure.
- You agree that you will not solicit, collect or use the login credentials or account information of other Mix users.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate others through the Services.
- You may not use the Service for any illegal or unauthorized purpose.
- You agree to comply with all laws, rules and regulations (whether federal, state or local) applicable to your use of and access to the Service and your Content.
- You may not post or generate any unwanted email, comments or other forms of commercial or harassing communications on the Service or to any Mix users.
- You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to imply that it is associated with the Service or Mix.
- You may not interfere with or disrupt the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Mix app or webpage is rendered or displayed in any user's browser or device.
- You will not access or use the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other terms governing the Service or any Content.
- Mix may, in its sole discretion, suspend, limit or terminate your use of or access to the Services or your Mix account for any violation of these Terms of Service or for any other reason. You understand and agree that Mix is not responsible for the Content posted on the Service and you are using or accessing the Service at your own risk.
General Terms and Conditions of Your Use of the Services
- We reserve the right, in our sole discretion, to update, modify or otherwise change these Terms of Service from time to time with or without advance notice to you (the "Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use or access of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to by bound by, and understanding of, the Updated Terms. You should therefore review these Terms of Service and any Updated Terms before using or accessing the Service. The Updated Terms will be effective as of the time of posting and will apply to your use of and access to the Service as of their posting.
- Mix reserves the right to modify, suspend, limit or terminate the Service or your access to the Service 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 Service, including, without limitation, in order to comply with certain legal obligations.
- In the event we terminate your access to the Service or you deactivate your account, all licenses and other rights granted to you by Mix in these Terms of Service or otherwise will immediately cease and you will no longer be permitted to use or access the Service.
- We reserve the right to refuse, terminate, limit or suspend your use of and access to the Service for any reason at any time, with or without advance notice.
- You agree that we may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Mix is not responsible or liable for the conduct of any user. Mix reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- As part of the functionality of the Service, there may be links to third-party websites, applications, services or features (collectively, “Third-Party Services”) from the Service, from communications you receive from the Service, or from Content you access through the Service. Functionality on the Service may also permit interactions between the Service and Third-Party Services, including the ability to connect the Service or your Mix account or profile to a Third-Party Service. Mix does not control any of these Third-Party Services or any content contained therein and you expressly acknowledge and agree that Mix is in no way responsible or liable for any such Third-Party Services, any content contained therein, or your use of or access to any such Third-Party Services. ANY INTERACTIONS OR BUSINESS DEALINGS WITH THIRD PARTIES YOU HAVE THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. In your sole and absolute discretion and at your own risk, you may use or access such Third-Party Services or connect the Service or your Mix account to such Third-Party Services and you may choose to permit such Third-Party Services to interact with, connect to or gather and/or pull information from and to your Mix account or your profile on the Service. By using any functionality or application that enables you to use or access such Third-Party Services or connect the Service or your Mix account to such Third-Party Services (an “Third-Party Access Application”), you acknowledge and agree to the following: (i) you consent to the information about your Mix account or profile on the Service being shared; (ii) your use of any Third-Party Access Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Mix has not itself provided such information; and (iii) your use of a Third-Party Access Application is solely in your own discretion and at your own risk, and Mix is not liable for any such use and you will hold the Mix Parties (defined below) harmless for any use of or activity related to such Third-Party Access Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- You will not, and will not enable others to, crawl, scrape, cache or otherwise access any content on the Service via automated means, including but not limited to, user profiles, posts, comments or photos.
Intellectual Property Rights and Other Terms
- [Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Mix may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.]
- [You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.]
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree that you are solely responsible for and will to pay all royalties, fees, and other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
- The Service contains content owned or licensed by Mix ("Mix Content"). Mix Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Mix, Mix owns and retains all rights in the Mix Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mix Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Mix Content.
- The Mix name and logo are trademarks of Mix, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mix. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Mix, and may not be copied, imitated or used, in whole or in part, without prior written permission from Mix.
- While Mix strives to make the Service as accessible and functional as possible, from time to time the Service 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 Service 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.
- You agree that Mix is not responsible for, and does not endorse, any Content posted within the Service. Mix has no obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content and will hold Mix harmless from any liability arising from your Content.
Copyright Dispute Policy
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Company, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here [insert link to Copyright Dispute Policy]. To learn more about the DMCA, click here.
Use of the Services via the Apple App Store
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- (a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- (c) You will only use the Application in connection with an Apple device that you own or control;
- (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- (f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- (i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- (j) Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, MIX CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" 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; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Mix OR VIA THE SERVICE. IN ADDITION, THE Mix PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE MIX PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR ANY EQUIPMENT OR SOFTWARE THAT MAKES THE SERVICE AVAILABLE IS 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 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 TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 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; Waiver
UNDER NO CIRCUMSTANCES WILL THE MIX PARTIES 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: (A) THE SERVICE; (B) THE MIX CONTENT; (C) USER CONTENT; (D) THIRD-PARTY CONTENT; (E) YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE PERFORMANCE OF THE SERVICE; (F) 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; (G) ANY ACTION TAKEN IN CONNECTION WITH RESPECT TO THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS OF OTHERS; (H) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER, TELECOMMUNICATIONS OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE AND REGARDLESS OR 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 (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). 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. BY ACCESSING OR USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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." MIX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You, on behalf of yourself and any other person or entity for whom you are using or accessing the Service, agree to defend (at Mix's request), indemnify and hold the Mix Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, proprietary right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any jurisdiction or any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. 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.
Governing Law & Venue
These Terms of Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with Mix exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Mix and governs your use of and access to the Service and supersede any prior agreements between you and Mix. These Terms of Service and any rights or obligations hereunder may not be assigned or delegated by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Mix. Any purported assignment or delegation by you without the prior written consent of Mix will be null and void and or no force or effect. Mix may assign these Terms of Service or any rights or obligations hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights on any person or entity. If any provision of these Terms of Service is held to be invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect. Mix's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of provision of these Terms of Service will be deemed a further or continuing waiver of such provision or any other term or condition. These provisions will survive the termination of your use of or access to the Service any and all of your transactions with Mix.