|
make a mix | create account sign in give feedback |
Mixwit Terms of Use
1. ACCEPTANCE OF TERMS
Mixwit, Inc. ("Mixwit") welcomes you. Mixwit provides its service to
you subject to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. You can review
the most current version of the TOS at any time at: http://www.mixwit.com
. In addition, when using particular Mixwit owned or operated
services, you and Mixwit shall be subject to any posted guidelines or
rules applicable to such services, which may be posted from time to
time. All such guidelines or rules are hereby incorporated by
reference into the TOS. Mixwit may also offer other services that are
governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Mixwit is an information location tool and social networking website
that provides users with an integrated set of services to (i) enable
users to locate media files hosted on websites controlled by third
parties for promotional or other legal purposes, (ii) playback those
legally posted media files using the Mixwit flash music widget (the
“Widget”) so the music can be heard, (iii) create hyperlinks to
legally posted music files discovered by the user and add those
hyperlinks to the Mixwit, (iv) create and publish a
series of such hyperlinks to form playlists on a member’s webpage, (v)
share those playlists with friends and browse other members playlists
on other members’ web pages by embedding the Widget in other webpages,
where permitted, (vi) purchase music found using the Mixwit
engine or browsing other members playlists, (vii) obtain current
information about new song releases from music blogs, (viii) obtain
current information on the popularity of songs as measured by
frequency of appearance on other members’ playlists, and (ix) network
with other members through a variety of social networking and
communications tools. All the foregoing features accessed through www.mixwit.com
and such additional features as may be developed and added from time
to time to www.mixwit.com are hereafter referred to as the “Service.”
You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Mixwit
to provide the Service. You also understand and agree that the Service
may include certain communications from Mixwit (such as service
announcements, administrative messages and the Mixwit Newsletter),
that these communications are part of Mixwit membership, and that you
will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new feature that augments or enhances the
current Service, including the release of new Mixwit features, shall
be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that Mixwit assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve third-
party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving the Service under the laws of the United States
or other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Mixwit has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Mixwit has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). Mixwit is concerned about the
safety and privacy of all its users, particularly children. For this
reason, no one under the age of 13 is allowed to use the Service.
4. YOUR OBLIGATIONS WHILE USING THE MIXWIT FLASH MUSIC WIDGET ON YOUR
WEBSITE
While using your Mixwit flash music widget (the “Widget”) on your
website, your Myspace or other social networking site profile, or
another place where you embed the Widget, you are required to display
the following information:
(a) Because a primary goal of Mixwit is to provide exposure for music
artists and facilitate legal purchase of the artist’s music while
allowing fans to enjoy the music, you are required to display the song
title and artist, if available, while streaming the music file using
the Widget. This feature comes standard with the code for the Widget
provided by Mixwit.
If any of the above required information is disabled or removed from
your Widget, you may lose the ability to display your playlist outside
of Mixwit’s website without warning.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Mixwit of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. Mixwit cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT AS TO COPYRIGHT POLICIES
a. Music Copyright Policy: Mixwit is an aggregation location tool
intended to help you find and enjoy music legally posted by others on
the Internet.
Mixwit is
committed to respecting the legitimate interests of copyright owners.
Therefore, where possible, Mixwit negotiates reasonable copyright
licenses that also respect the public’s legitimate interest in gaining
access to public information and preserving the freedom and
functionality of the Internet.
b. User Compliance with Copyright Policy: As a user of the Service,
you agree that you will not circumvent the Mixwit copyright policy by
(i) adding links to the Mixwit when you know that the
links are to music files that have not been posted by the copyright
owner for promotional or other legal purposes, (ii) uploading music
files to a site and then adding the URL to the Mixwit search index
unless you are the owner of the copyright in the music, or (iii)
representing that you are the owner of a copyright in a music file for
the purpose of adding that file to the Mixwit when you
are not the owner.
c. Other Copyrights: Mixwit does allow members to post photos and
designs to member profile web pages. Photos and designs are also
subject to copyright protection. You agree that you will not post
other copyrighted material on your member web profile without the
permission of the copyright owner to do so.
d. Copyrighted Materials: No Unauthorized Use. YOU WILL NOT USE THE SITE
OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL
THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF
THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Mixwit has adopted and
implemented a policy that provides for the termination in appropriate circumstances
of the accounts of users who repeatedly infringe or are believed to be infringing the
rights of copyright holders. Please see the Mixwit Copyright and IP Policy for further
information. http://www.mixwit.com/copyright
7. MEMBER CONDUCT AS TO SOCIAL NETWORKING
You understand that all information, data, text, software,
photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted via the
Service, are the sole responsibility of the person from whom such
Content originated. This means that you, and not Mixwit, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Mixwit does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Mixwit be
liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. Content does
not include music files as Mixwit does not allow you to upload or
download music files from or to www.mixwit.com.
You agree that you will not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
Mixwit official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas (such as shopping) that are
designated for such purpose;
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs a
through m above.
You acknowledge that Mixwit may or may not pre-screen Content, but
that Mixwit and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Service. Without limiting the
foregoing, Mixwit and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by Mixwit or submitted to Mixwit,
including without limitation information in Mixwit Message Boards and
in all other parts of the Service.
You acknowledge, consent and agree that Mixwit may access, preserve
and disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of
Mixwit, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Mixwit and/or content providers who provide content to
the Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service or attempt to circumvent DRM in
any files which you might find using the Mixwit. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in
part, is strictly prohibited.
8. INTERSTATE NATURE OF COMMUNICATIONS ON MIXWIT NETWORK
When you register with Mixwit, you acknowledge that in using the
Service to send electronic communications (including but not limited
to email, search queries, sending messages to Mixwit, uploading photos
and, and other Internet activities), you will be causing
communications to be sent through Mixwit's computer networks, portions
of which are located in California and other locations in the United
States and portions of which are located abroad. As a result, and also
as a result of Mixwit’s network architecture and business practices
and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of
interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this
Terms of Service, you acknowledge that use of the service results in
interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Mixwit does not claim ownership of playlists that you create or
Content you submit or make available for inclusion on the Service.
However, with respect to playlists that you create and Content you
submit or make available for inclusion on publicly accessible areas of
the Service, you grant Mixwit the following worldwide, royalty-free
and non-exclusive license(s), as applicable:
• With respect to playlists you submit or make available for inclusion
on publicly accessible areas of the Service, the irrevocable license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such playlists on the Service. This license exists in
perpetuity.
• With respect to Content that you submit or make available for
inclusion on publicly accessible areas of the Service, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or
Mixwit removes such Content from the Service.
• With respect to Content other than photos, graphics, or personal
information you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
Mixwit network of properties that are intended by Mixwit to be
available to the general public. By way of example, publicly
accessible areas of the Service would include Mixwit member web pages
and portions of Mixwit that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of the Service intended for private communication, or areas
off of the Mixwit network of properties such as portions of World Wide
Web sites that are accessible via hypertext or other links but are not
hosted or served by Mixwit.
11. INDEMNITY
You agree to indemnify and hold Mixwit and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your Mixwit ID), use of the Service, or access to the
Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Mixwit may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of songs that may be included in a playlist, the
maximum days that message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by
an account on the Service, the maximum disk space that will be
allotted on Mixwit's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Mixwit has no responsibility
or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the
Service. You acknowledge that Mixwit reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Mixwit reserves the right to modify these general
practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Mixwit reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Mixwit shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
15. TERMINATION
You agree that Mixwit may, under certain circumstances and without
prior notice, immediately terminate your Mixwit account, any
associated playlists and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, (h) determination pursuant to the procedures under the
Digital Millennium Copyright Act that you have repeatedly violated the
Mixwit copyright policy as provided in Section 6 above, and/or (i)
nonpayment of fees, if any, owed by you in connection with the
Services. Termination of your Mixwit account includes (a) removal of
access to all offerings within the Service, including but not limited
to www.mixwit.com, Message Boards and other services provided, (b)
deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof),
and (c) barring of further use of the Service. Further, you agree that
all terminations for cause shall be made in Mixwit's sole discretion
and that Mixwit shall not be liable to you or any third party for any
termination of your account, any associated email address, or access
to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
Mixwit shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Mixwit has no control over
such sites and resources, you acknowledge and agree that Mixwit is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any music
files, content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and
agree that Mixwit shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such music files,
content, goods or services available on or through any such site or
resource.
18. MIXWIT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that content contained in sponsor advertisements or information
(“Advertiser Content”) presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Mixwit or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part. You also agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Advertiser Content. You further agree that Mixwit™ is a
trademark of Mixwit, Inc. and you agree not to infringe that trademark.
Mixwit grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by Mixwit for use in accessing the Service.
Mixwit also grants you the right to embed the Widget into personal
profiles that you may establish at other social networking sites,
provided, however, you agree that the ASCAP, BMI and SESAC performance
licenses obtained by Mixwit allow you to stream music files only
through the Mixwit website. To the extent that other social networking
sites have also negotiated performance licenses with ASCAP, BMI and
SESAC, then a license to use of the Widget on those sites also
includes ASCAP, BMI and SESAC licenses. If you elect to embed the
Widget on a third party website, you agree to determine whether that
third party website has obtained performance licenses required for the
lawful use of the Widget on that site.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIXWIT AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. MIXWIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MIXWIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIXWIT AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF MIXWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
23. NOTICE
Mixwit may provide you with notices, including those regarding changes
to the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The Mixwit service mark, Mixwit logo, trademarks and service marks and
other Mixwit logos and product and service names (collectively the
"Mixwit Marks"). are trademarks or service marks of Mixwit, Inc.
Without Mixwit's prior permission, you agree not to display or use in
any manner the Mixwit Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
Mixwit respects the intellectual property of others, and we ask our
users to do the same. Mixwit may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may
be repeat infringers. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Mixwit's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. a 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;
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
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
Mixwit's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Mike Christoff
Copyright Agent
Mixwit, Inc.
2169 Folsom St
Suite M101
San Francisco, CA 90404
Or by Fax:
1-360-351-2453
ATTN: Mixwit Inc., Copyright Agent
Or by Email:
notice[a]mixwit.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and Mixwit and governs your use of the Service, superseding any prior
agreements between you and Mixwit with respect to the Service. You
also may be subject to additional terms and conditions that may apply
when you use or purchase certain other Mixwit services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Mixwit shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and Mixwit agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Los Angeles, California.
Waiver and Severability of Terms. The failure of Mixwit to exercise or
enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
Mixwit account is non-transferable and any rights to your Mixwit ID or
contents within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be terminated and
all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
27. VIOLATIONS
Please report any violations of the TOS immediately.
