TERMS OF SERVICE
PLEASE READ THIS TERM OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This Terms of Use Agreement (the“Agreement”) states the terms and conditions under which you may use www.mixinit.io (the “Site”). This Agreement is legally binding made by and between the MIXINIT.IO, Inc. (“MIXINIT,” “we,” “us”), a privately held corporation, existing under the laws of the State of New York, and you. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agreed to the following Agreement. If you do not accept thisAgreement, do not access or use the Site.
By entering and/or subscribing to theSite as a member you certify that you either:
1. That you are entering and accessing this Site solely in your capacity as an entertainment industry professional who’s profession is disc jockeying (producing, promoting and any other activities customarily performed by such a disc jockey) and you agree to use the site solely for those purposes;
2. You are at least 13 years of age; and
3. If you are under eighteen (18) years of age your parent's or legal guardians have provided their express consent for you to access the Site and be bound by all of the terms and conditions contained therein.
PRIVACY
Our Privacy Policy governs what information we collect from you, how we use the information, and with whom we share that information. We have the right to collect, share and use your information in accordance with our Privacy Policy, which is incorporated by reference in these Terms.
ACCOUNT REGISTRATION AND SECURITY
If registration and membership becomes available and you decide to register as a member of a Site, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “RegistrationData”) 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 MIXINIT has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MIXINIT has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account.Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
GENERAL PRACTICE AND LIMITS
You acknowledge that MIXINIT may establish general practices and limits concerning use of the Site, including without limitation, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that MIXINIT has no responsibility or liability for the deletion of, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site.
RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials"), are solely intended for theMember’s use in connection with the Site. Although MIXINIT strives to provideMaterials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although MIXINIT endeavors to use reasonable care in assembling the Materials, theMaterials may not be up-to-date, accurate or complete. Accordingly, we reserve the right to:
- Change the terms and conditions of thisAgreement; or
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, moreover, portions of the Materials have been contributed to the Site by various artists and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and MIXINIT expressly disclaims any liability with respect to the foregoing.
Subject to your compliance with the terms of use, you may access Materials in accordance with your individual subscription service in connection with the Site. You may not engage in any unauthorized use, copying, or distribution of any of the Materials other than as set forth in this agreement. You may not alter or modify the Materials access from this site. Modification of the Materials for any purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
CODE OF CONDUCT
You agree to respect the rights of others and exercise good judgment in using the Site. You agree that you will not:
i. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of"hacking" or defacing any portion of the Site;
ii. Use the Site or Materials for any unauthorized or unlawful purpose;
iii. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
iv. Solicit personal information from, harm or attempt to harm any person, in any way;
v. Express or imply that any statements you make are endorsed by us, without our prior written consent;
vi. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or any other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) in writing;
vii. Engage in spamming or flooding;
viii. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
ix. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of theSite;
x. Remove any copyright, trademark or other proprietary rights notices contained in the Site;
xi. "Frame" or"mirror" any part of the Site without our prior written authorization;
xii. Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, MIXINIT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions generally or in specific cases;
xiii. Harvest or collect information about Site visitors;
xiv. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
xv. Violate any applicable local, state, national or international law, rule or regulation, including, without limitation, regulations promulgated by the U.S. Securities and ExchangeCommission or any rules of any other national securities exchange.
MINORS
We understand the importance of taking extra precautions to protect the privacy and safety of children using MIXINIT products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own MIXINIT identifications.
If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.
LINKS
The Site may contain links to otherInternet websites, including affiliated websites which may or may not be owned or operated by MIXINIT. We have not reviewed all of the websites that may be linked to the Site, and MIXINIT has no control over such sites. Unless otherwise explicitly stated, MIXINIT is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we may offer such links does not indicate any approval or endorsement of any material contained on any linked site. Such links may be provided to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
PAYMENT PROCESSOR
MIXINIT uses a third party payment processor (the “Payment Processor”) to bill Members through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to thisAgreement. Our current Payment Processor is PayPal, Inc, and member payments are processed by PayPal, Inc. in accordance with PayPal, Inc.’s Terms of Service and Privacy Policy. MIXINIT does not control and is not liable for the security or performance of the Payment Processor. Member agrees to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Member agrees to make payment using the payment method member provides with members account.
MIXINIT reserves the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
OWNERSHIP
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, logos and trademarks is owned and operated by MIXINIT in conjunction with others pursuant to contractual arrangements, and will remain the property of MIXINIT and its licensors and suppliers (as applicable). TheSite is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by accessing the Site or the Materials.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MIXINIT infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
i. (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. (ii) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, are presentative list of such works);
iii. (iii) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MIXINIT to locate the material on the Site;
iv. (iv) The name, address, telephone number and email address (if available) of the complaining party;
v. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by MIXINIT against you, the DMCA permits you to send MIXINIT a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
MIXINIT.IO Inc.
91 Broadhollow Road
Melville, New York 11747
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
TRADEMARKS
The trademarks, logos, and/or service marks displayed on the Site (collectively the "Trademark(s)") are the registered and unregistered trademarks of MIXINIT, MIXINIT’s licensors and suppliers (as applicable). The Trademarks owned by MIXINIT, whether registered or unregistered, may not be used in connection with any service that is not offered by MIXINIT, in any manner or medium that is likely to cause confusion, or in any manner that disparages MIXINIT, its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MIXINIT, MIXINIT’s licensors or suppliers, or the third party owner of any such Trademark (as applicable). Misuse of any Trademark is prohibited, and MIXINIT will aggressively enforce its intellectual property rights in suchTrademarks, including via civil and criminal proceedings.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of theSite with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your participation, or termination of thisAgreement.
DISCLAIMERS
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIXINIT, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AGENTS, CONSULTANTS, PARTNERS, EMPLOYEES, EMPLOYEES’ PARTNERS, DIRECTORS,SHAREHOLDERS, EXECUTIVES, AND RESPECTIVE FOUNDERS DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MIXINIT, our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of theSite will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.
You assume all responsibility and risks for your use of the Site and your reliance thereon. No opinion, advice or statement of MIXINIT or its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, members or visitors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives whether made on the Site or otherwise, shall create any warranty. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Site or any hyperlinked site, or featured in any banner or other advertising, and MIXINIT will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase or use of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the Site and any Materials provided through the Site are entirely at your own risk.
The Site and Materials may include inaccuracies or errors, or information or materials that violate this Agreement(specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums.Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at store@MIXINITclan.net with, if possible, a description of the material to be checked and the location (URL) where such material can be found on theSite, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
LIMITATION OF LIABILITY
Neither MIXINIT nor any of its affiliates, licensors, suppliers, advertisers or sponsors, nor their respective founders, owners, shareholders, executives, directors, officers, employees partners, consultants, agents or other representatives are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site, any linked site or any product or service purchased through the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold the Site, MIXINIT and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees)and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secretor other intellectual property or other rights of any third party; and/or (iii)your activities in connection with the Site.
ARBITRATION
You agree that any dispute arising out of or relating to this Agreement or your use of the Site will be submitted exclusively to confidential binding arbitration in New York, New York. Arbitration under these Terms will be conducted under the prevailing rules of the AmericanArbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Site, MIXINIT, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of New York.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. Any disputes as to the meaning and application of any of the provisions of this Agreement shall be determined under the laws of the State of New York. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. 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 Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provisions hall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
QUESTIONS
If you have any questions, comments or complaints regarding these terms or the Site, please contact us via the site form.Privacy Policy governs what information we collect from you, how we use the information, and with whom we share that information. We have the right to collect, share and use your information in accordance with our Privacy Policy, which is incorporated by reference in these Terms.
ACCOUNT REGISTRATION AND SECURITY
If you decide to register as a member of a Site, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “RegistrationData”) 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 MIXINIT has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MIXINIT has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account.Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
GENERAL PRACTICE AND LIMITS
You acknowledge that MIXINIT may establish general practices and limits concerning use of the Site, including without limitation, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that MIXINIT has no responsibility or liability for the deletion of, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site.
RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials"), are solely intended for theMember’s use in connection with the Site. Although MIXINIT strives to provideMaterials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although MIXINIT endeavors to use reasonable care in assembling the Materials, theMaterials may not be up-to-date, accurate or complete. Accordingly, we reserve the right to:
- Change the terms and conditions of thisAgreement; or
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, moreover, portions of the Materials have been contributed to the Site by various artists and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and MIXINIT expressly disclaims any liability with respect to the foregoing.
Subject to your compliance with the terms of use, you may access Materials in accordance with your individual subscription service in connection with the Site. You may not engage in any unauthorized use, copying, or distribution of any of the Materials other than as set forth int his agreement. You may not alter or modify the Materials access from this site. Modification of the Materials for any purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
CODE OF CONDUCT
You agree to respect the rights of others and exercise good judgment in using the Site. You agree that you will not:
i. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of"hacking" or defacing any portion of the Site;
ii. Use the Site or Materials for any unauthorized or unlawful purpose;
iii. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
iv. Solicit personal information from, harm or attempt to harm any person, in any way;
v. Express or imply that any statements you make are endorsed by us, without our prior written consent;
vi. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or any other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) in writing;
vii. Engage in spamming or flooding;
viii. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
ix. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of theSite;
x. Remove any copyright, trademark or other proprietary rights notices contained in the Site;
xi. "Frame" or"mirror" any part of the Site without our prior written authorization;
xii. Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, MIXINIT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions generally or in specific cases;
xiii. Harvest or collect information aboutSite visitors;
xiv. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
xv. Violate any applicable local, state, national or international law, rule or regulation, including, without limitation, regulations promulgated by the U.S. Securities and ExchangeCommission or any rules of any other national securities exchange.
MINORS
We understand the importance of taking extra precautions to protect the privacy and safety of children using MIXINIT products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own MIXINIT identifications.
If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.
LINKS
The Site may contain links to otherInternet websites, including affiliated websites which may or may not be owned or operated by MIXINIT. We have not reviewed all of the websites that may be linked to the Site, and MIXINIT has no control over such sites. Unless otherwise explicitly stated, MIXINIT is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we may offer such links does not indicate any approval or endorsement of any material contained on any linked site. Such links may be provided to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
PAYMENT PROCESSOR
MIXINIT uses a third party payment processor (the “Payment Processor”) to bill Members through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to thisAgreement. Our current Payment Processor is PayPal, Inc, and member payments are processed by PayPal, Inc. in accordance with PayPal, Inc.’s Terms of Service and Privacy Policy. MIXINIT does not control and is not liable for the security or performance of the Payment Processor. Member agrees to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Member agrees to make payment using the payment method member provides with members account.
MIXINIT reserves the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
OWNERSHIP
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, logos and trademarks is owned and operated by MIXINIT in conjunction with others pursuant to contractual arrangements, and will remain the property of MIXINIT and its licensors and suppliers (as applicable). TheSite is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by accessing the Site or the Materials.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MIXINIT infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
i. (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. (ii) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, are presentative list of such works);
iii. (iii) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MIXINIT to locate the material on the Site;
iv. (iv) The name, address, telephone number and email address (if available) of the complaining party;
v. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
vi. (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by MIXINIT against you, the DMCA permits you to send MIXINIT a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
MIXINIT.IO C/O Crooklyn Clan Inc.
91 Broadhollow Road
Melville, New York 11747
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
TRADEMARKS
The trademarks, logos, and/or service marks displayed on the Site (collectively the "Trademark(s)") are the registered and unregistered trademarks of MIXINIT, MIXINIT’s licensors and suppliers (as applicable). The Trademarks owned by MIXINIT, whether registered or unregistered, may not be used in connection with any service that is not offered by MIXINIT, in any manner or medium that is likely to cause confusion, or in any manner that disparages MIXINIT, its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MIXINIT, MIXINIT’s licensors or suppliers, or the third party owner of any such Trademark (as applicable). Misuse of any Trademark is prohibited, and MIXINIT will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your participation, or termination of thisAgreement.
DISCLAIMERS
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSION IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIXINIT, ITS AFFILIATES, OFFICERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AGENTS, CONSULTANTS, PARTNERS, EMPLOYEES, EMPLOYEES’ PARTNERS, DIRECTORS,SHAREHOLDERS, EXECUTIVES, AND RESPECTIVE FOUNDERS DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MIXINIT, our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of theSite will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.
You assume all responsibility and risks for your use of the Site and your reliance thereon. No opinion, advice or statement of MIXINIT or its affiliates, officers, licensors, suppliers, advertisers, sponsors, agents, members or visitors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives whether made on the Site or otherwise, shall create any warranty. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Site or any hyperlinked site, or featured in any banner or other advertising, and MIXINIT will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase or use of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the Site and any Materials provided through the Site are entirely at your own risk.
The Site and Materials may include inaccuracies or errors, or information or materials that violate this Agreement(specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums.Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at store@MIXINITclan.net with, if possible, a description of the material to be checked and the location (URL) where such material can be found on theSite, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
LIMITATION OF LIABILITY
Neither MIXINIT nor any of its affiliates, licensors, suppliers, advertisers or sponsors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site, any linked site or any product or service purchased through the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold the Site, MIXINIT and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees)and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secretor other intellectual property or other rights of any third party; and/or (iii)your activities in connection with the Site.
ARBITRATION
You agree that any dispute arising out of or relating to this Agreement or your use of the Site will be submitted exclusively to confidential binding arbitration in New York, New York. Arbitration under these Terms will be conducted under the prevailing rules of the AmericanArbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Site, MIXINIT, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of New York.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. Any disputes as to the meaning and application of any of the provisions of this Agreement shall be determined under the laws of the State of New York. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. 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 Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
QUESTIONS
If you have any questions, comments or complaints regarding these terms or the Site, please contact us via the site form. 