Effective Date: September 20, 2021
Last updated: September 20, 2021
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Application means the software program provided by the Company downloaded or accessed by You on any electronic device.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: New York, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MixSpot LLC
User Content any information, videos, photographs, audio clips, articles, ideas, comments, written posts, other material contained in any communication that you may post, upload or submit to MixSpot.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the services provided on the MixSpot website or application.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You and Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service. However, if law requires that you must be older in order for MixSpot to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
MixSpot’s Ownership of Content. Except for all User Generated Content and other limits on MixSpot’s ownership specified in the Terms, MixSpot owns all other intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and to the Content on this Site and that this Agreement does not transfer ownership of any of these rights.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Use Restrictions. You shall not (i) modify, copy or create derivative works based on the Service; (ii) duplicate or copy any content forming part of the Service, Documentation, or Intellectual Property; (iii) reverse engineer the Service; or (iv) access the Service in order to (1) build a competitive product or service, (2) copy any ideas, features, functions or graphics associated with the Service, or (3) for any other purpose or reason than related to Your own use of the Service for its intended purpose or for other authorized use which shall be determined solely by the Company.
In the event that you provide any comments, information, videos, photographs, audio clips, articles, ideas, comments, written posts, other material contained in any communication that you may post, upload or submit to MixSpot ("User Content" or “User Generated Content”), should such features be made available to you, you automatically grant MixSpot a perpetual, royalty-free, irrevocable license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such User Content in any manner and media and by means of any technology now known or hereafter developed.
In addition, you hereby irrevocably waive all "moral rights" in any such User Content. You also confirm to MixSpot that the User Content is wholly original to you; that the User Content does not contain any confidential or proprietary information; that the User Content does not infringe any third party's rights including intellectual property rights, and that MixSpot is free to implement the User Content, at its discretion, as provided by you or modified by it, without obtaining further permission from you or any third party, and without any additional consideration of any kind. You remain the owner of your User Content, but you acknowledge that MixSpot must have a license from you in order to accept your User Content.
MixSpot is not obligated to review, pre-screen, monitor, delete or edit User Content. However, it reserves the right to do so at any time in its sole discretion, and to refuse, delete, remove or edit any User Content, in whole or in part, with or without notice, at its sole discretion and without any responsibility or liability.
Suggestions. The Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to exploit, use or incorporate, in any manner the Company deems appropriate, into the Service any suggestions, comments or other feedback, without limitation, provided by You relating to the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Upon termination, Your right to use the Service will cease immediately.
You agree to comply with the following rules when providing User Generated Content:
a) Harassment, personal attacks, and other offensive conduct is prohibited.
b) Negative comments about race, gender, national origin, sexual orientation, or physical handicap is prohibited.
c) User Content that promotes or encourages violence or other illegal activity is prohibited.
d) Sharing personal or confidential information of others is prohibited.
You represent and warrant that: you have the legal right and capacity to enter into these Terms in your geographic location and to comply with these Terms. If you are a minor with respect to your geographic location, your parent or legal guardian has approved your use of this Site and has read and agreed to these Terms on your behalf; and you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states or countries, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the state of New York, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Any and all claims arising out of or relating to the Terms or the breach thereof that cannot be resolved by You informally contacting the Company as referenced directly above shall be settled by arbitration administered by the American Arbitration Association (“AAA”). The Arbitrations shall be conducted in accordance with Commercial Arbitration Rules (the “Rules”). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by an AAA approved arbitrator in New York City, NY. YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
If for any reason a claim proceeds in court rather than in arbitration, the Terms shall be governed by and construed in accordance with the Laws of the State of New York.
If for any reason a claim proceeds in court rather than in arbitration, the dispute regarding the Terms will be heard and resolved in the State and Federal courts located in New York County in the State of New York, and parties submit to the jurisdiction of such court.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States in government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if MixSpot has made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
MixSpot reserves the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
By email: firstname.lastname@example.org
By clicking the “I AGREE” button, you agree to be bound by the Terms of Service of this agreement. If you do not agree to the Terms of Service of this agreement, do not click the “I AGREE” button.
DMCA COPYRIGHT POLICY
This Digital Millennium Copyright Act policy (“Policy”) applies to MixSpot LLC (“MixSpot” or “Company”) and the website (“Website” or “Service”) and any of its related products and services (collectively, “Services”) and outlines how this Website operator (“Operator”, “we”, “us” or “our”) addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.
Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office .
What to consider before submitting a copyright complaint
Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Please note that if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
The DMCA requires you to provide your personal information in the copyright infringement notification. If you are concerned about the privacy of your personal information, you may wish to to report infringing material for you.
Notifications of infringement
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. Our response may include the removal or restriction of access to allegedly infringing material.
If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access.
The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification on the main page of the Website, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.
Procedure for Reporting copyright infringement
MixSpot will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials posted or displayed on MixSpot Website infringe your copyright, you may request removal of those materials (or access thereto) from MixSpot by submitting written notification to the MixSpot LLC Agent (designated below).
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you would like to notify us of the infringing material or activity, we encourage you to contact us using the details below:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on MixSpot LLC website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Procedure for Providing Counter-Notice to Designated Agent
If you believe that any of your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification (a “DMCA Counter-Notice”) by submitting written notification to the Designated Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- A statement that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and email address and
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district the Company, MixSpot LLC, is located and that you will accept service of process from the person who provided the DMCA Notice at issue.
Upon receipt of a counter-notice by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material, cease disabling, or restore access to it in 10 business days. The DMCA allows MixSpot to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your DMCA Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
This document was last updated on September 20, 2021