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NOTICE TO PEOPLE UNDER
18 YEARS OF AGE AND THEIR PARENTS/GUARDIANS:
PURSUANT TO PARAGRAPH 6 BELOW, NO ONE UNDER 13 IS
PERMITTED TO USE THIS WEB SITE. ANYONE OVER 13, BUT UNDER 18, IS
PERMITTED TO USE THIS WEB SITE ONLY UPON THE CONSENT OF HIS/HER PARENT
OR LEGAL GUARDIAN WHO HAS READ AND AGREED TO THE FOLLOWING TERMS AND
CONDITIONS.
MIXMEISTER TECHNOLOGY, LLC INTERNET WEB SITE
AGREEMENT
This MixMeister, LLC Internet Web Site Agreement
(the "Agreement") is between you and MixMeister Technology, LLC
("Company") with a principal place of business at 866 NE 20th Avenue, Ft. Lauderdale, FL 33304 UNITED STATES. Use of any portion of
the Company Internet Web Site, the home page of which is accessible via
the Internet at http://www.mixmeister.com ("Company Web Site"),
signifies your agreement to the terms and conditions of use set forth
below in the Agreement:
(1) You acknowledge that you have read these terms
and conditions of use and that you accept the terms hereof. YOU AGREE TO
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
COMPANY WEB SITE. If you do not agree to these terms and conditions of
use, you may not access or otherwise use this Company Web Site.
(2) Company may monitor your use of this Company
Web Site, and may freely use and disclose any information and materials
received from you or collected through your use of the Company Web Site
for any lawful reason or purpose.
(3) Company reserves the right, at its sole
discretion, to change, modify, add or remove any portion of this
Agreement, in whole or in part, at any time. Notification of changes in
the Agreement will be posted on the Company Web Site.
(4) The Company Web Site is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. All materials
contained on the Company Web Site (the “Content”) are protected by
copyright, and are owned or controlled by Company or the party credited
as the provider of the Content. The web site Content is provided
strictly for your personal, non-commercial use. You will abide by any
and all additional
copyright notices, information, or restrictions contained in any Content
on the Company Web Site. You may download and make a single backup copy
of the Content and other downloadable items displayed on this Company
Web Site for personal, noncommercial use only, provided that you
maintain all copyright and other notices contained in such Content.
Copying, storing or distributing any Content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission from Company or the copyright holder identified in the
individual Content's copyright notice.
(5) Company may change, suspend or discontinue any
aspect of the Company Web Site at any time, including the availability
of any Company Web Site feature, database, or Content. Company may also
impose limits on certain features and services or restrict your access
to parts or all of the Company Web Site without notice or liability.
(6) You represent, warrant and covenant that: (a)
you shall not upload, post or transmit to or distribute or otherwise
publish through the Company Web Site any materials which (i) restrict or
inhibit any other user from using and enjoying the Company Web Site,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate law, (iv)
violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or
publicity or any other proprietary right, (v) contain a virus or other
harmful component, (vi) contain any information, software or other
material of a commercial nature, (vii) contain advertising of any kind,
or (viii) constitute or
contain false or misleading indications of origin or statements of fact;
and (b) that you are at least eighteen (18) years old. If you are under
eighteen (18) years old, but you are thirteen (13) years of age or
older, you may use the Company Web Site only if your parent or legal
guardian has read and agreed to these terms and conditions of use on
your behalf, and specifically consents to your use of the Company Web
Site. If you are under thirteen (13) years old, you are not permitted to
use the Company Web Site.
(7) You hereby agree to indemnify, defend and hold
Company, and all its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any
and all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of the
Agreement or the foregoing representations, warranties and covenants,
including, without limitation, attorneys' fees and costs. You shall
cooperate as fully as reasonably required in the 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.
(8) The Company Web Site contains links and
pointers to the other related World Wide Web Internet sites, resources,
and sponsors of the Company Web Site. Links to and from the Company Web
Site to other third party sites, maintained by third parties, do not
constitute an endorsement by Company or any of its subsidiaries or
affiliates of any third party sites or their contents.
(9) Company does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other
information displayed or distributed through the Company Web Site. You
acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. Company reserves
the right, in its sole discretion, to correct any errors or omissions in
any portion of the Company Web Site.
(10) Company does not and cannot review all
materials posted to the Company Web Site by users, and Company is not
responsible for any such materials posted by users. However, Company
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or government request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
that in Company's sole discretion are objectionable or in violation of
this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER
FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY
PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER,
COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY
MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND
ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE
COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY
ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files,
inputting data or engaging in any other form of communication
(individually or collectively "Communications") to the Company Web Site,
you hereby grant to Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications, in all
media now known or hereafter developed. You hereby waive all rights to
any claim against Company for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
(13) You acknowledge that transmission to and from
this Company Web Site are not confidential and your Communications may
be read or intercepted by others. You acknowledge that by submitting
Communications to Company, no confidential, fiduciary, contractually
implied or other relationship is created between you and Company other
than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT
REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION
FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT
SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF
FLORIDA.
(15) This Agreement constitutes the entire
agreement between Company and you with respect to your use of the
Company Web Site. Any cause of action you may have with respect to your
use of the Company Web Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and
effect.
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