Mixtroz Terms of Service
Last modified 8-15-16
These Terms of Service (“Agreement”)
sets forth a legally binding agreement between you and eleven9, LLC, a
Tennessee limited liability company (“Company,” or “We”). This website or mobile application, including
any software (including, without limitation, software, code, files, images
contained in or generated by the software, accompanying data, and other
embedded software), documentation, any accompanying fonts, and content
developed by the Company or licensed by the Company (collectively, the “Platform”)
is provided pursuant to this Agreement. By using this Platform, you represent
and warrant that you are of legal age to form a binding contract with Company and
meet the foregoing eligibility requirements. By accessing this Platform in any
way, including, without limitation, browsing this Platform, using any
information, and/or submitting information to Company, you agree to and are
bound by the terms, conditions, policies and notices contained in this Agreement,
including, but not limited to, our Privacy Policy, conducting
this transaction electronically, disclaimers of warranties, damage and remedy
exclusions and limitations. Please read
this Agreement carefully before using this Platform.
From
time to time we may update this Platform and this Agreement. Your use of this Platform after we post any
changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement
periodically to ensure that you are familiar with the most recent version. You agree that you do not have any rights in
this Platform. Company will have no liability to you if this Platform is
discontinued or your ability to access the Platform is terminated. You further agree that Company will not be
liable for any modification or suspension of the Platform. You are responsible for making all
arrangements necessary for you to have access to the Platform and for ensuring
that all persons who access the Platform through your internet connection are
aware of, and comply with, these Terms of Service and the Privacy Policy.
Please
read this Agreement carefully before using the Platform. If you do not agree to the terms contained in
this Agreement, then you may not use the Platform. Your use of the Platform
constitutes your acknowledgement that you have the legal authority to bind
yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree
to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the
Platform. The Platform is offered and
available to users who are 18 years of age or older. You represent that you
have the legal authority to bind yourself to this Agreement.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT
IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.
YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN COMPANY’S
SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY
PROVISIONS OF THIS AGREEMENT.
On certain areas of this Platform, you may be given the
ability to provide us with personally identifiable information. Please read our
Privacy Policy for more information about our
information collection and use practices. By using the Platform, you consent to
all actions taken by us with respect to your information in compliance with the
Privacy Policy.
Description of Services
Mitxtroz is a social networking
platform that allows users to connect to and network with other users during an
event. COMPANY RESERVES THE RIGHT TO
CHANGE THESE SERVICES AT ANY TIME IN OUR SOLE DISCRETION.
Accounts and Passwords
In
order to access certain features of the Platform, you must provide certain
registration details or other information. It is a condition of your use of the
Platform that all the information you provide is correct, current and complete.
If you elect not to provide such information, you may not be able to access
certain content or participate in certain features of the Platform. You are entirely responsible for any and all activities
that occur under your account and it is entirely your responsibility to
maintain the confidentiality of your password and account. You agree to notify
Company immediately of any unauthorized use of your account. You further agree
not to email, post, or otherwise disseminate any user ID, password, PIN, or
other information which provides you access to the Platform. Company is not liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge.
Submissions
Where the Platform requires you to open an account
or otherwise submit information, you must complete the specified process by
providing us with current, complete, and accurate information as requested by
the applicable registration form. It is your responsibility to maintain the
currency, completeness, and accuracy of your registration data, including, without limitation, your
name, address, and email address. You agree that all information you provide to register
with us or otherwise, is governed by our Privacy Policy and you consent to all actions we take
with respect to your information consistent with our Privacy
Policy.
You
agree that Company may collect and use technical and usage data and related
information in compliance with our Privacy Policy. You grant Company the permission to use this information to
improve its products or to provide services or technologies to you. You hereby authorize Company,
directly or through third parties, to make any inquiries we consider necessary
to validate your identity. Nothing herein shall be construed to require Company
to verify the identity of any user on the Platform nor will Company have any
liability for failure to verify any user’s identity.
Grant
of License
The Platform is licensed to you by
Company subject to the terms of this Agreement. Neither title nor any
intellectual property rights are transferred to you, but rather remain with
Company or its licensors, who own full and complete title, and Company and
respective licensors reserve all rights not expressly granted to you. The
rights granted herein are non-transferable, and are limited to Company’s
intellectual property rights in the Platform and do not include any other
patents or intellectual property rights.
This Agreement does not grant you any rights to use Company proprietary
interfaces and other intellectual property in the design, development,
manufacture, licensing or distribution of third-party devices and accessories
for use with the Platform. Any use of
the Platform in any manner not allowed under this Agreement is prohibited. This Agreement does not entitle you to
receive and does not obligate Company to provide hard-copy documentation, support,
telephone assistance, or enhancements or updates to the Platform. You may not modify, alter, copy, publicly
display or perform, distribute, or create derivative works of the Platform.
Your
rights under this Agreement will terminate automatically without notice from
Company if you fail to comply with any term(s) of this Agreement. Upon the
termination of this Agreement, you shall cease all use of the Platform and
delete all copies of the Platform from your mobile device and account.
Use of the Platform
The
following requirements apply to your use of the Platform. You shall not:
Except
as and only to the extent permitted by applicable law, you may not copy,
decompile, reverse engineer, disassemble, attempt to
derive the source code of, modify, or create derivative works of the Platform
or any part thereof. Any attempt to do
so is a violation of the rights of Company and its licensors of the Platform.
If you breach this restriction, you may be subject to prosecution and damages.
By storing content on your device, you are making a digital copy. In some
jurisdictions, it is unlawful to make digital copies without prior permission
from the rights holder.
Company Content
Company provides this Platform to
you, subject to this Agreement. This
Platform, and any services performed, provided or enabled by or through this
Platform and all the content, information, communications, scripting, photos,
text, video, graphics, music, sounds, images, trademarks, logos, product and
program names, and other materials and compilations of the foregoing, that may
be provided to you via this Platform (collectively “Content”) by Company
or its content providers, are the property of Company and its content
providers, are protected in the U.S. and internationally under trademark,
copyright, and other intellectual property laws, and are intended for the
lawful use by registered users (as applicable) of this Platform. Company makes no representation that the
Platform or Content are appropriate or available for
use in particular locations.
Users
may download Content for their own use, subject to any additional terms or
restrictions which may be applicable to the individual file or program. You
agree not to download, display or use any Content in any other manner that is
likely to cause confusion among consumers, that disparages or discredits
Company and/or its licensors, that dilutes the strength of Company or its
licensors’ property, or that otherwise infringes Company or its licensors’
intellectual property rights.
Intellectual Property Ownership
There
are a number of trademarks, logos, service marks, slogans, product names and
designations and other proprietary indicia (collectively “Trademarks”)
used in the Platform and in the Content.
By making these Trademarks available through the Platform and in the
Content, Company is not granting you a license to use them in any fashion, and
you are not granted any license under any of Company’s or any third party's
Trademarks or other intellectual property rights, except as specifically set
forth in this Agreement. No Company
Trademarks may be used as a username, icon, identifier, hyperlink
or in any other manner without Company’s prior written permission.
The
Platform, Content, and the selection, coordination, and arrangement thereof, is
owned either by Company, or its respective licensors. The
unauthorized copying, displaying, selling, distributing or other use of any
Content or Platform is a
violation of the law. You acknowledge having been advised by Company
that the Content and Platform is protected in the U.S. and internationally by a
variety of laws, including but not limited to, copyright laws and treaty
provisions, trademark laws, patent laws and other intellectual property and
proprietary rights laws.
Third Party Content
The
information presented on or through the Platform is made available solely for
general information purposes. This Platform includes content provided by third
parties. All content, statements and/or opinions expressed in these materials, other
than the content provided by Company, are solely the responsibility of the
person or entity providing those materials. We do not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Platform, or by anyone who may be informed of any of its
contents.
If
you believe that content you own has been copied and made accessible in a
manner that violates your intellectual property rights, please notify us
immediately. You may submit a notification pursuant to the Digital Millennium
Copyright Act (see 17 U.S.C § 512(c)(3)) to our
copyright agent at hello@mixtroz.com.
Geographic Restrictions
We
are based in the state of Tennessee in the United States. We provide this Platform
for use only by persons located in the United States. We make no claims that
the Platform or any of its content is accessible or appropriate outside of the
United States. Access to the Platform may not be legal by certain persons or in
certain countries. If you access the Platform from outside the United States,
you do so on your own initiative and are responsible
for compliance with local laws.
Representations, Disclaimer of
Warranties, and Risk Allocation
Company
and its parents, subsidiaries, officers, employees, and contractors and each of
their officers, employees and agents (collectively, “Company Affiliates”)
make no representation or warranty whatsoever regarding the completeness,
accuracy, timeliness or adequacy of any information, facts, views, opinions,
statements or recommendations contained on the Platform. Reference to any process, publication or
service of any third party by trade name, domain name, trademark, service mark,
logo, or otherwise does not constitute or imply its endorsement or
recommendation by Company or Company Affiliates.
The
Internet may be subject to breaches of security. Company and Company Affiliates
are not responsible for any resulting damage to any user’s device or computer
from any such security breach, or from any virus, bugs, tampering, unauthorized
intervention, fraud, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer line failure or any other technical or
other malfunction. You should also be aware that email and other submissions
over the Internet may not be secure, and you should consider this before
emailing Company or Company Affiliates any information or posting information
to the Platform. Company and Company Affiliates make no representation or
warranty whatsoever regarding the suitability, functionality, performance,
availability or operation of the Platform. This Platform may be temporarily
unavailable due to maintenance or malfunction of computer equipment.
THE
PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE CONTENT ARE MADE
AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. COMPANY
AND COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO
THE PLATFORM AND THE CONTENT. COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED,
PROVIDED OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION
PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM
UPDATES) WILL BE CORRECTED. No oral or
written information or advice given by Company or an authorized representative
shall be deemed to alter this disclaimer of warranty, or to create any
warranty. Should the Platform prove defective, you assume the entire cost
of all necessary servicing, repair or correction.
IN
NO EVENT WILL THE COMPANY, OR COMPANY AFFILIATES OR THEIR LICENSORS BE LIABLE
FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER
OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY
ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY
INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY
AND COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS,
DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL
COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT
COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B)
YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR
REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT,
MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (E) YOUR
AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL
COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY
CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER
WITHOUT THE WRITTEN CONSENT OF COMPANY.
Users of the Apple Platform
If
you download and use the iOS Platform: You, the
end-user of the Platform, acknowledge that the Agreement is entered into by and
between Company and you and not with Apple, Inc. Notwithstanding the foregoing, you
acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries
of this Agreement and that Apple, Inc. has the right (and is deemed to have
accepted the right) to enforce this Agreement.
You acknowledge that Apple, Inc. has no obligation whatsoever to furnish
any maintenance and support services with respect to the Platform. You acknowledge that you have reviewed the
App Store Terms and Conditions (located online at
http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the
Licensed Application End User License Agreement (the “LAEULA”) published
by Apple, Inc. (located online at
http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform
is considered the “Licensed Application” as defined in the LAEULA and Company
is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with
the terms of the LAEULA, the terms of this Agreement shall control. You further
acknowledge and agree that in no event will Apple, Inc. be responsible for any
claims relating to the Platform (including, without limitation, a third party
claim that the Platform infringes that third party’s intellectual property
rights) or your use or possession of the Platform, including but not limited
to: (i) product liability claims; (ii) any claim that
the Platform fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation.
Links
to Third-Party Websites, Applications, and Services
The Platform may provide connectivity or links to
other third-party services, websites, applications, software, and other content
from third-party providers such as social media partners, wireless carriers,
and third-party software application developers (“Third-Party Services”). The Platform may allow you to add/configure
certain Third-Party Services to your device.
Company has no control over, makes no representations or warranties
whatsoever about any of the Third-Party Services that you may access, is not
responsible for the availability of such Third-Party Services, and does not
endorse nor is responsible or liable for any content or other materials on or
available from such Third-Party Services.
Your use of the Third-Party Services may be subject to additional terms,
including software license terms, of those third parties.
Users who utilize the Third-Party Services should be
aware that account and other personal information held by those third parties
may be transmitted through and stored on Company servers and/or applications
located in the United States and elsewhere.
You understand and agree that the companies that provide the Third-Party
Services may access, use and share certain information about you, if you use
the Third-Party Services. You understand
and agree Company is not responsible for these companies, or their use of any
other of your information. Your use of
the Third-Party Services is at your own risk.
Assignment
Company
may assign this Agreement in whole or in part, at any time with or without
notice to you. You may not assign this contract, or any part of it, without the
prior written consent of Company. Any attempt by you to do so is void. You may
not transfer to anyone else, either temporarily or permanently, any rights to
use all or any part of the Platform. To
the extent that you allow a third party to use your device, you shall remain
solely responsible for the use of the Platform by others using the device. This
Agreement shall be binding upon successors and permitted assigns.
General Information
You
may also be subject to additional terms and conditions (including, but not
limited to, terms and conditions from your wireless carrier or operator) that
may apply to your use of the Platform.
If any provision of this Agreement is held to be invalid by any law,
rule, order or regulation of any government or by the final determination of
any state or federal court, such invalidity shall not affect the enforceability
of any other provision of this Agreement. The failure of Company to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision.
By
using the Platform, you agree that the statutes and laws of the United States
and the State of Tennessee without regard to conflicts of laws principles, will
apply to all matters relating to use of the Platform and the Services, and you
agree that any litigation shall be subject to the exclusive jurisdiction of the
state or federal courts in Shelby County, Tennessee, USA.
You
may cancel the use of the Platform at any time by contacting us at hello@mixtroz.com. If you request that we delete your account, we will only delete your
personal account but we may not be able to delete all information that relates
to you located on or associated with other user accounts. In the event of a
complaint or concern regarding this Agreement or the Platform, or for more
information, please contact Company at hello@mixtroz.com.
You
agree that these Terms of Service and the Privacy Policy constitute the sole
and entire agreement between you and the Company.
Thank
you for visiting Mixtroz.