MIXTT

The Social Network For Your Social Life

Terms of Use

MIXTT.COM

Welcome to MIXTT.COM, the website where groups of friends meet and date. MIXTT.COM is operated by MIXTT, a California Corporation. By using MIXTT.COM or any of our services (collectively, the "Service") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register to use the Service.

  • "Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service.
  • "We, Us, Our" means MIXTT, Inc.
  • "You, Your, Yourself" means the person who uses the Service, thereby accepting the terms and conditions of this Agreement.
  • “Member, Membership” refers to any user who registers with a username and password to use the Service.
  • "Group" means a number of Members that form a Group on MIXTT.  A Group can contain between one and eight Members.
  • “Content” means any and all information, messages, photos, profiles or other content displayed via the Service.

1. AGREEMENT:

This Agreement sets out the legally binding terms of your use of the Service and any Membership, and may be modified by MIXTT at any time. Any and all changes to the Agreement are effective upon posting by MIXTT on the Service. This Agreement includes MIXTT's Privacy Policy wholly incorporated by reference, and any other notices or additional terms and conditions posted on the Service with respect to particular services or promotions. If you do not agree with the terms and conditions of this Agreement, then please do not use or register for the Service.

2. ELIGIBILITY:

You must be eighteen (18) years of age or older to access Mixtt.com, to register as a Member, or to otherwise use the Service. Membership is void where prohibited by law. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Service is offered only to users residing in the United States of America or otherwise subject to United States law and jurisdiction. All Groups and Group Members will be able to use all features of the Service, which are free of charge unless explicitly indicated otherwise.

3. REGISTRATION AND SUBSCRIPTION:

Registration and Subscription to MIXTT is free of charge, though we reserve the right, at any time, to institute any fees or charges for using the Service in our sole discretion. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service.

4. TERM AND TERMINATION OF AGREEMENT:

This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Settings page. MIXTT may terminate your Membership for any reason at any time, effective upon sending notice to you at the email address listed in Your Settings. Even if Membership is terminated, this Agreement will remain in effect if You continue to use the Service. After this Agreement is terminated, certain provisions will remain in effect, including without limitation sections 4-6 and 10-15 of this Agreement.

5. COMMERCIAL USE PROHIBITED:

The Service is for the personal use of individual Members and Groups only, and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and may not use the Service for any purpose without the prior written consent of MIXTT.

6. PROPRIETARY RIGHTS IN CONTENT:

MIXTT owns and retains all proprietary rights in the Service and in all Content. MIXTT.COM is a trademark of MIXTT Inc, and all Content is protected by copyright to the fullest extent possible under applicable law – all rights reserved by MIXTT Inc. The Service contains the copyrighted material, trademarks, and other proprietary information of MIXTT and its licensors. Except to the extent you have been given prior written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any content or information from the Service. Without limitation, You may not use the Service to collect usernames or email addresses of members for any purpose, and you may not frame or otherwise reproduce any content or information displayed via the Service for any reason without the prior written consent of MIXTT.

7. CONTENT POSTED ON MIXTT:

A. You understand and agree that MIXTT may, but is not obliged to, review and delete any Content that in the sole judgment of MIXTT might: (i) violate this Agreement; (ii) be deemed offensive to any Member;(iii) violate the rights, harm, or threaten the safety of any Member, or (iv) be otherwise illegal or inappropriate.

B. You are solely responsible for the Content that you upload, publish and/or display (hereinafter, "post") on the Service, or transmit to other Members.

C. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. If such information is included in Your profile or in any Content, then such publication is at Your own risk and We shall have no liability with respect to such disclosure of personal information.

D. By posting Content to any public area of MIXTT, you represent and warrant that you own and have the right to grant, and you automatically grant to MIXTT an irrevocable, perpetual, non-exclusive, fully paid, transferable, worldwide license to use, copy, modify, perform, display, and distribute such Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant sublicenses of these rights to the Content in MIXTT’s sole discretion.

E. The following is a partial list of the kind of Content that is illegal or prohibited on the Service. MIXTT reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, editing or removing the offending communication from the Service and terminating the Membership of violators. However, MIXTT is not obliged to and cannot monitor all Content on the Service. Content is prohibited if it:

  • May be deemed patently offensive to Members, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • contains nudity, profanity or other obscene material;
  • harasses or advocates harassment of another person or entity;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or spam;
  • promotes information that is false or misleading;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • contains an illegal or unauthorized copy of another person's copyrighted work, or information to circumvent copy-protection mechanisms;
  • contains restricted access mechanisms, or hidden Content of any kind;
  • contains material of a sexual or violent manner;
  • solicits personal information from anyone under 18 years old;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • relates to any commercial activities and/or sales efforts without prior written consentof MIXTT.

F. You must use the Service in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Service may be investigated by MIXTT and/or by appropriate law enforcement entities, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive penalties against You.

G. You may not engage in advertising to, or solicitation of, other Members to use, promote, buy or sell any products or services through the Service. Although MIXTT cannot monitor the conduct of its Members off the Service, it is also a violation of these rules to use any Content obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior written consent. In order to protect our Members from such advertising or solicitation, MIXTT reserves the right to restrict the number of emails which a Member may send to other Members to a number which MIXTT deems appropriate in its sole discretion.

8. MEMBER DISPUTES:

You are solely responsible for Your interactions with other Members and/orGroups on the Service. MIXTT reserves the right, but has no obligation, to monitor and investigate disputes between You and other Members orGroups that utilize our Service, and to resolve such disputes by termination of Memberships and/or referral to appropriate law enforcement entities, in our sole discretion.

INTELLECTUAL PROPERTY POLICY:

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If You believe that your work has been copied and posted on the Service in an infringing manner, then please send an email to info@MIXTT.com with "Infringement" in the subject line. The correspondence should include: an electronic or physical signature of either the owner oran agent authorized to act on behalf of the owner of the proprietary right; a description of the copyrighted work or intellectual property that you claim has been infringed; a precise description of where the material that you claim is infringing is located on the Service; the name address, telephone number, and email address of the intellectual property owner and of any agent authorized to act on behalf of the owner; and a written statement by the owner or its agent that the owner has a good faith belief that the disputed use is not authorized by the copyright owner or the law (including without limitation the law of "fair use"); a written statement by by the owner or its authorized agent, made under penalty of perjury, that all information in the infringement notice is accurate and that the submitter is the owner or authorized agent of the owner of any allegedly infringed proprietary right.

10. DISCLAIMER:

MIXTT is not responsible for any incorrect, unauthorized and/or illegal Content posted on or in connection with the Service, whether caused by users of the Service, Members, Groups or by any of the personnel, equipment or programming associated with or utilized in providing the Service. MIXTT is not responsible for the any conduct of any user of the Service or of any Member or Group of the Service. MIXTT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or of the Service. MIXTT is not responsible for any injury or damage to You or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or the Service. MIXTT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED BY OR TO MEMBERS, OR FROM ANY INTERACTIONS BETWEEN USERS OF THE SERVICE. THE SERVICE AND THE SERVICE ARE PROVIDED "AS-IS" AND MIXTT EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MIXTT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE AND/OR THE SERVICE.

11. LIMITATION OF LIABILITY:

MIXTT IS NOT LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF MIXTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXTT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIXTT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

12. DISPUTES:

If there is any dispute about or involving the Service, You agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the appropriate state and/or federal courts in the State of California, in the City of Los Angeles. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. INDEMNITY:

You agree to indemnify and hold MIXTT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service, including without limitation any use in violation of this Agreement or of any applicable law or regulation.

14. CONTRIBUTIONS TO MIXTT:

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Mixtt through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Mixtt is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Mixtt may use or disclose (or choose not to use or disclose) your Contributions for any purpose, in any way, in any media worldwide; (d) Mixtt may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Mixtt without any obligation of Yahoo! to compensate or reimuburse you under any circumstances.

15. GENERAL TERMS:

This Agreement contains the entire agreement between you and MIXTT regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may not assign this Agreement or any Membership, without the express written permission of MIXTT. The delay or failure of Mixtt to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the TOS, and the other provisions of the TOS remain in full force and effect.

Please contact us with any questions regarding this Agreement at info@MIXTT.com.