MixerMixer.com Terms of Use Agreement

MixerMixer.com provides its services to you subject to the terms of service set forth in this Terms of Service Agreement.

1. Upon completing member's registration, you agree to these Terms. MixerMixer may amend the Agreement at any time or times by posting the amended terms on our site. All amended terms will be automatically effective after they are initially posted on our web site. Your continued use of our services signifies your acceptance of our changes.

2. Any information or other material you provide to us (directly or indirectly) in the registration process or through the use of our services, in any public message area (including the personal introduction section of each topic group) or through e-mail is defined as "Your Information". You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

You are solely responsible for Your Information, which:
(a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in portions of our web site associated with adult or mature content and shall be distributed only to people legally permitted to receive such content; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

3. You agree to provide true, accurate, current and valid information about yourself, both at the time of your registration with us and update it as your information changes.

4. Any of Your Information that, through the use of our services or otherwise, you submit or make available or post to publicly accessible areas of our web site is referred to as "Public Information"; any other portion of Your Information shall be referred to as "Private Information.""Publicly accessible" areas of our web site are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You, and not MixerMixer, are entirely responsible for all of your Public Information that you upload, post, e-mail, transmit or otherwise make available via our site and services. We do not control your Public Information or the public information of other users and do not guarantee the accuracy, integrity or quality of your Information or the information of other users. You understand that by using our web site and services, you may be exposed to material that is offensive, indecent or objectionable. MixerMixer will not be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or information of other users posted, e-mailed, transmitted or otherwise made available in connection with our web site and services.

5. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and acceptable Public Information, as well as all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. MixerMixer provides tools that enable users to arrange physical meetings (a "mixer") at venues that include, but are not limited to, public parks or private enterprises (such as coffee shops or retail stores). We do not supervise these mixers and are not involved in any way with the actions of any individuals at these mixers. We have no control over the identity or actions of the individuals present at these mixers, and are not involved in any way with physical transportation to or from these mixers. We request that our users exercise caution and good judgment when attending.

7. You agree to release MixerMixer (and our officers, directors, agents, employees, affiliates and subsidiaries) from claims, demands, and damages of every kind and nature, in any way connected with your transportation to or from, attendance at, or the actions of you or other persons at, a mixer.

8. Except as otherwise provided in our privacy policy statement, we will not sell, rent or otherwise disclose any personally identifiable information about you (including your e-mail address) to any third party.

9. MixerMixer may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on our web site, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of MixerMixer, its users and the public.

10. MixerMixer services are provided "AS IS." The MixerMixer and third party services providers cannot assume responsibility for timeliness, deletion, miss delivery or failure to store any user data, communications or personalization settings.

11. MixerMixer reserves the right to change or discontinue its service an any time without notice. MixerMixer will not be liable to You or any third party for any modifications or discontinuance of services.

12. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.

13. All Web content, site design, text, graphics, the selection and arrangement thereof, and all software that are part of the MixerMixer Sites are protected by international copyright laws. Publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on the MixerMixer site is strictly prohibited without the prior written permission of MixerMixer. Content publicly available on the MixerMixer site may not be stored in a computer, except for personal and non-commercial use.

14. You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user's (whether specific to any particular user or as an aggregation of users' information) information accessible through MixerMixer. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences at a site or network outside of MixerMixer; using the data for targeted marketing campaigns not affiliated with MixerMixer; or using the data to offer services to MixerMixer users. MixerMixer reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.

15. Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. MixerMixer and its third party service providers 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.

16. MixerMixer makes 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, (v) that your email or messages will not be lost, and (vi) any errors in the software will be corrected.

17. Any material downloaded or otherwise obtained through the use of MixerMixer is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from MixerMixer site will create any warranty not expressly stated in the terms. 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 may not apply to you. To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.

18. You agree that the MixerMixer site will not be liable for any harms, which lawyers and courts often call 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 the MixerMixer site have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, 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 anyone on the service; or (v) Any other matter relating to the service.

19. The following types of actions are cause for immediate repeal and/or suspension of your account:
(a) The use of our web site and services to:
(i) harm another person in any way;
(ii) impersonate any person (including MixerMixer staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar e-mail addresses, nicknames or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial web sites, including offers to trade or charitable solicitations; or
(vi) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private e-mails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow MixerMixer staff instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, and any regulations having the force of law.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our web site. MixerMixer reserves the right to remove any post or other material without warning or further notice.
For purposes of this Agreement, "posting" includes uploading, posting, e-mailing, transmitting or otherwise making available. Without limiting the foregoing, MixerMixer and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

20. Access to our web site and use of our services is free. We may, in our sole discretion, change this policy and begin charging for access to our web site or for the use of all or any portion of our services, and we may, in our sole discretion, add, remove or change the services we offer at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, we will revise this Agreement and the amended terms shall automatically be effective after they are initially posted on our web site, as provided above.