MIXD Terms and Conditions
Agreement between User and MIXD
Welcome to the MIXD app (“MIXD”). MIXD is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of MIXD constitutes your agreement to all such Terms and MIXD’ Privacy Policy. Please read these terms carefully, and keep a copy of them for your reference.
MIXD is an augmented reality app.
MIXD is a location based app. You must be near a particular place to see MIXD there or to post MIXD.
General Information
MIXD is free for individual users up to a designated amount of storage. Additional storage may be purchased by the user (see in app purchase). MIXD reserves the right to charge for some business services. For instance, a company may purchase the right to restrict listings in a particular location so it is the exclusive provider of a particular service or product in that location.
MIXD users may have friends (who follow each other) and users may also follow users who do not follow them, such as celebrities.
MIXD is an augmented reality app, and may use more battery life than other apps.
MIXD may use all user generated content. You give up any and all rights to any content that you choose to post on MIXD. You also warrant that you own all the material that you post on MIXD or that you have permission from the owner of the material to post it.
MIXD reserves the right to restrict republishing of content. MIXD content may not be reposted for any commercial use without MIXD’ prior approval.
MIXD reserves the right to designate certain high traffic and value areas as “no post zones,” restricting users from publishing content in those areas.
MIXD reserves the right to use the app for advertising. Users may not use the app for organized marketing, for charity fundraising, or other money making efforts. MIXD may decide to charge users for any commercial or non-personal use.
Some MIXD content may be offensive to other users. MIXD is not responsible for any user generated content, nor the effects that any user-generated content may have on other users.
Prohibited Uses
Along with other prohibited uses stated in these Terms, MIXD users are expressly prohibited from the following:
Posting personally identifiable information of anyone without that person’s prior consent, like a person’s address or phone number;
Defaming a person or business by posting negative content at a residence or a business;
Using the app for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular service;
Using the app in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the app, or that could damage, disable, overburden, or impair the functioning of the app in any manner;
Using the app in any manner that could jeopardize the security of the app;
Using any robot, spider, crawler, scraper, or other automated means or interface not provided by MIXD to access the app or to extract data;
Reverse engineering any aspect of the app or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the app;
Attempting to circumvent any content-filtering techniques MIXD employs, or attempting to access areas or features of the app that you are not authorized to access;
Attempting to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engaging in any harassing, intimidating, predatory, or stalking conduct;
Impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity;
Violating the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
Infringing any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Developing any third-party applications that interact with MIXD’ users’ content or the app without our prior written consent;
Using the app for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms;
Using or attempting to use another user’s account without authorization; and
Using MIXD while driving or engaging in any other activity that requires your undivided attention.
Privacy
Your use of MIXD is subject to MIXD’ Privacy Policy. Please review our Privacy Policy, which also governs the app and informs users of our data collection practices.
Electronic Communications
Using MIXD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the app, satisfy any legal requirement that such communications be in writing.
Your Account
If you use MIXD, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your phone and other devices, and you agree to accept responsibility for all activities that may occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MIXD is not responsible for third party access to your account that results from theft or misappropriation of your account. MIXD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
MIXD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MIXD only with permission of a parent or guardian.
You may delete MIXD that you post. However, you should understand that users who see your MIXD can always save them, either by taking a screenshot or by using some other image-capture technology. Therefore, even if you delete MIXD, they may be captured by others and potentially republished elsewhere after you have deleted them.
You should keep in mind that MIXD may be posted at the location where an image was taken if that information is available or at the location where you are when you post a Markie, or both depending on your settings. Therefore, if you do not want others to see your MIXD at locations like your home, work, or other whereabouts, you should be careful not to post MIXD in that location.
Links to Third Party Sites/Third Party Services
MIXD posts may contain links to websites (“Linked Sites”). The Linked Sites are not under the control of MIXD and MIXD is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link in a MIXD user’s post does not imply endorsement by MIXD of the Site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use MIXD strictly in accordance with these Terms. As a condition of your use of MIXD, you warrant to MIXD that you will not use MIXD for any purpose that is unlawful or prohibited by these Terms, including the above enumerated prohibited uses. You may not use MIXD in any manner that could damage, disable, overburden, or impair MIXD or interfere with any other party’s use and enjoyment of MIXD. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through MIXD.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on MIXD, is the property of MIXD and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on MIXD. MIXD content is not for resale. Your use of MIXD does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MIXD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MIXD or our licensors except as expressly authorized by these Terms.
Use of MIXD
You agree to be responsible when you post a Markie and communicate with other users of the app.
By way of example, and not as a limitation, you agree that when you post a Markie you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; advertise or offer to sell or buy any goods or services for any business purpose;; download or repost any Markie posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying MIXD; violate any code of conduct or other guidelines which may be applicable to any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
MIXD has no obligation to monitor MIXD posted. However, MIXD reserves the right to review MIXD posted to a given location and to remove any posts in its sole discretion. If a post is “reported” a number of times for violating MIXD’ Terms then it will be automatically deleted. MIXD reserves the right to terminate your access to MIXD at any time without notice for any reason whatsoever.
Users may post images when they are present at a location, or they may post images that were taken at a location even when they are not currently present at the location. However, users are not allowed to fabricate or spoof metadata to falsely represent that images that they have taken were taken at a different location. If a User is found to have violated this policy, MIXD may remove the images and may block the User for violating MIXD’ policy.
MIXD restricts the display of nudity and mature content because some users may be sensitive to that type of content. However, breast feeding, post-mastectomy and pictures of paintings, art and sculpture are allowed. MIXD may remove photographs, text, digitally created and other sexual or mature content and may block users that are in violation of this policy.
MIXD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or MIXD posted, in whole or in part, in MIXD’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children on MIXD. MIXD does not control or endorse the content, messages or information found on posts and specifically disclaims any liability and any actions resulting from your use of MIXD.
MIXD posts may include links to third party online content. MIXD has no control or responsibility over the content contained on links to third party content and Users should be aware that such links may contain content that would be objectionable and prohibited if posted directly on MIXD. Users who chose to click on links to third party online content do so at their own risk.
Content posted on MIXD may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
Content and Materials Posted in MIXD
MIXD may use any content in MIXD posted by users. MIXD has the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your posts; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your posts, as provided herein.
By posting, uploading, inputting, providing or submitting your MIXD posts, you warrant and represent that you own or otherwise control all of the rights to your MIXD posts as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your MIXD posts.
Third Party Accounts
You will be able to connect your MIXD account to third party accounts, such as Facebook. By connecting your MIXD account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by MIXD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use MIXD Content accessed through MIXD in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MIXD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use app, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MIXD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MIXD in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARKIES LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APP AT ANY TIME.
MARKIES LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MARKIES LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKIES LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARKIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
Termination/Access Restriction
MIXD reserves the right, in its sole discretion, to terminate your access to MIXD and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the app. Use of MIXD is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MIXD as a result of this agreement or use of the app. MIXD’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MIXD’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of MIXD or information provided to or gathered by MIXD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MIXD with respect to the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MIXD with respect to the app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MIXD reserves the right, in its sole discretion, to change the Terms under which the MIXD app is offered. The most current version of the Terms will supersede all previous versions. MIXD encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
MIXD welcomes your questions or comments regarding the Terms:
Email Address:
ops@markies.com
Address:
Markies LLC
19363 Willamette Drive #210
West Linn, Oregon 97068
Email Address:
ops@markies.com
Effective as of June 1st 2018