Last Updated: February 19, 2010
Mix Media (”Mix Media,” “we,” “us”) provides this web site and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Mix Media and you, the Site visitor and/or member (”you”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
We may at any time, at our sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.
Further, Mix Media reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that Mix Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at email@example.com
1. Mix Media Proprietary Rights. The information and materials provided through the Site (the “Materials”), are intended to educate and inform you about Mix Media and the services and resources it provides. You acknowledge and agree that the Site and the Materials are and shall remain the property of Mix Media and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Mix Media, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, Mix Media does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials for your personal, non-commercial use and (b) to print out pages of this Site for your personal, non-commercial use. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Mix Media, Mix Media’s licensors and suppliers, and others. 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 Mix Media, Mix Media’s licensors or suppliers, or the third party owner of any such Trademark.
2. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
•Use the Site for any fraudulent or unlawful purpose.
•Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Site, or use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site or to break into any of its servers.
•Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
•Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
•Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Mix Media, or its employees and representatives identified on the Site, without their express consent.
•Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the Materials.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
• Frame or mirror all or any part of the Site without our prior express written authorization.
You agree that all information that you provide to Mix Media will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) in connection with purchases and donations you make through the Site. You will also be responsible for paying any applicable taxes relating to your purchases.
4. Information Provided by Mix Media. Although Mix Media strives to provide Materials and resources on this Site, both directly and indirectly (i.e. through partner organizations & events), that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Mix Media endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Mix Media hopes and believes that the Materials will be helpful as background reference, but they should not be construed as legal, accounting or other professional advice on any subject matter. Mix Media has endeavored to comply with legal and ethical requirements known to the personnel who compiled this Site, but Mix Media is not engaged in rendering legal, accounting or other professional services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client, accounting-client or other professional services relationship. Use of the Materials is not an adequate substitute for obtaining legal, accounting or other professional advice from a licensed provider in your jurisdiction. You should not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
6. Limitation of Liability. Mix Media, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Mix Media, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
7. Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Mix Media, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
8. Indemnity. You agree to defend, indemnify and hold harmless Mix Media, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
9. Jurisdictional Issues. The Site is controlled and operated by Mix Media from its principal office in Sacramento, California, U.S.A., and is not intended to subject Mix Media to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Mix Media does not represent or warrant that the Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) any country subject to a U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and Syria); or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
11. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. Miscellaneous. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to your use of the Site or the Materials, and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.