Terms of Service

Acceptance of Terms of Service

Thank you for using Mixxxer.com (“Website” or “Mixxxer) which is owned and operated by Social Smarts LLC (“Social Smarts,” “we,” “us” or “our”). The Terms of Use (“Terms”) constitute a binding agreement between you and Social Smarts LLC and govern your use of the Website and the content, products and services offered through the Website (“Services”). By accessing, viewing or using any Services, you represent and warrant that you agree to be bound by and subject to these Terms. If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website or any other Services.

Services Offered

Mixxxer.com provides users with various services, including white papers, downloads, articles, communication tools, search services, media galleries, video sharing, uploading, forums, social networking and user profiles. The user understands and agrees that the Services may include advertisements from third parties unrelated to Mixxxer.com. The user further understands and agrees that, in providing the Services, Mixxxer.com may, at its sole discretion, communicate with the user via email, newsletters, service announcements, administrative messages, or other modes of communication. Any new Services that are added shall be subject to these Terms of Service. The user agrees that they are responsible for obtaining access to the Site and Services, including any third-party fees (e.g. equipment fees, Internet service provider or airtime charges). Mixxxer.com provides the Services on an “as-is” basis and disclaims any responsibility for the user’s use of the Services, User Profile and Content.

Privacy Policy

We are committed to protecting the privacy of the personal information you provide to us through the Website. Any personal information submitted through the Website by you is subject to our Privacy Policy, which is incorporated herein by reference. Please review our privacy policy to understand our practices with respect to your personal information. We do not knowingly collect personal information from persons under the age of 18.

Use of Services; Assumption of Risk

The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. In addition, certain content and materials available on or through the Services are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is sexually explicit or harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. The preceding links are provided for information purposes only and not intended to act as an endorsement of these entities, their services or policies and we are not affiliated with them. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.

Ownership; Proprietary Rights

The Social Smarts Services are owned and operated by Social Smarts. The Social Smarts Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Social Smarts Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Social Smarts Services are the property of Social Smarts or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Social Smarts Services are proprietary to Social Smarts or its affiliates and/or third-party licensors. Except as expressly authorized by Social Smarts under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Editorial Policy

Mixxxer.com does not accept any form of financial compensation in exchange for publishing favorable reviews. Our editorial team is free to write about any product or service they please, as long as it adheres to our one guiding principle. However, should our editorial team choose to write about a particular product or service, our business development team may establish an affiliate relationship with the company in question. This affiliate relationship may include the company paying Mixxxer.com a fee for user contact information, or for putting a link to their website on our own. In addition to affiliate relationships, Mixxxer.com also accepts advertising from appropriate companies. These advertisements will be clearly marked as such to avoid any confusion on the part of our readership. Accepting payments in the form of advertising or affiliate relationships is one of the ways Mixxxer.com generate revenue to sustain our business. We hope that as an IT professional, you can understand our need to generate income in order to continue providing high quality information.

Registration

Our Website is free to use, however, we may require you to register and create an account (“User Account”) in order to utilize some of the Services offered on the Site. Registration is always free. If you are requested by Mixxxer.com to provide information in connection with a registration process and creating a User Account or in the use of any Services, your use of the Services shall be conditioned upon providing such information. In such event, you agree to provide true, accurate, current and complete information as prompted by the Service’s interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.

Personal Information

The content and information that registered users of Mixxxer.com provide in social networking, media gallery, and forum areas of the site are considered “User Information.” Users have some control over who will see their User Information, but it is assumed that this information is public, and that portions of it may be seen by anyone who visits the site, as well as search engines. Even if User Information is later removed from the site, it may still be stored on the computers of people who visited the site. When users remove their information from the site, it may still be available on the computers of third parties. Because of this, users should never post any personally identifying information, such as their account password, full name, home address, phone number, or email address, in any public area of the site. Authorized representatives of Mixxxer.com will never ask for a user’s password, and under no circumstances should a user ever disclose their password to anyone. Mixxxer.com will make every effort to ensure that any User Information provided is shared solely with those allowed. In the event that User Information is accidentally displayed in a manner that was not authorized by the user, they can notify us of the error by contacting us. If Mixxxer.com does make such an error, the user’s sole remedy is to require us to change the privacy settings as originally intended.

Security

Mixxxer.com provides users with a username and password for their user account. Users are responsible for maintaining the confidentiality of their account password and any activity that occurs under their account. Users agree to exit their account at the end of each session using the site and services. In the event of any unauthorized use of a user’s password or account, the user agrees to notify Mixxxer.com immediately by contacting us. Mixxxer.com is not liable for any losses or damages arising from a user’s failure to comply with this policy.

Use of the Site and Services

The Site and Services are intended for your personal, noncommercial use in accordance with these TOS. By using the site, you agree that you will not copy, display or distribute any part of the Site, including Content provided by third parties, in any medium, without Mixxxer.com’s prior written consent. You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site or to exceed the access granted to you by Mixxxer.com. Illegal and/or unauthorized use of the Site and Services is a violation of this Agreement. Mixxxer.com reserves the right to take legal action for any such violation to the full extent permitted by law.

User Submissions and Content

The user acknowledges that the posted Content is the responsibility of the person or entity from which it originated. The user agrees that they will not post any content that infringes on copyright, trademark, privacy or other proprietary rights, is libelous, slanderous or defamatory. Mixxxer.com will use commercially reasonable efforts to block or remove any offensive or inappropriate Content that is discovered or reported. Notwithstanding this, Mixxxer.com cannot review all Content and the user may be exposed to Content that is offensive. Mixxxer.com will not be liable to the user or any third party for any Content, including but not limited to for any errors or omissions in the Content or for any loss or damage of any kind incurred as a result of the use of the Services. The user agrees that they must evaluate, and bear all risks associated with, the use of any Content. Mixxxer.com may preserve Content and may also disclose Content to others if required to do so by law or if Mixxxer.com believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mixxxer.com, its users and the public. The user understands that the technical processing and transmission of the Services, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

License To Content Submitted By Users

By submitting Content via the Services and until such Content is removed, you grant Mixxxer.com an irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display and make derivative works from such Content.

Guidelines, Usage Rules, Your Conduct

You understand and hereby acknowledge and agree that you will comply with the guidelines and you may not and warrant that you will not:
  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way or commit abuse;
  3. impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users’ or members’ ability to engage in real-time exchanges;
  10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
  11. violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. “stalk” or otherwise harass another person or user or member;
  14. collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information; or
  15. disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
  16. register on behalf of another person or use another’s account or post private information about third parties; and/or
  17. solicit personal information from others such as passwords or other Site account information.

Outgoing Links

The Site and Services may provide, or third parties may provide, links to other websites, white papers or resources. Mixxxer.com does not control such sites and resources and is not responsible for their availability. Mixxxer.com is also not responsible or liable for any content, advertising, products, or other materials on or available from those websites or resources. Entering any linked website is done at your own risk and you are advised to review their terms of service, privacy policies and other use agreements.

Intellectual Property and Trademarks

You acknowledge that, unless otherwise submitted by users of the Site and Services or other third parties, Mixxxer.com is the sole owner of all text, messages, information, software, scripts, images, graphics, audio, video, and interactive features on the Site (“Mixxxer.com Content”). Mixxxer.com owns all proprietary rights in the Mixxxer.com Content, including but not limited to trademarks and copyrights. Mixxxer.com Content is provided to you “as is” for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, or otherwise exploited without the prior consent of Mixxxer.com. If you download or print any Mixxxer.com Content for personal use, you must retain all copyright and other proprietary notices contained therein. The Mixxxer.com logos, trademarks, and service marks, as well as other Mixxxer.com logos, product names, and service names (“Mixxxer.com Marks”) are trademarks of Social Smarts LLC. You agree that you will not display or use the Mixxxer.com Marks in any manner whatsoever without our prior consent.

Indemnification

You agree to defend, indemnify and hold harmless Mixxxer.com, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these TOS; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Services.

Termination

Mixxxer.com may terminate your access to and/or use of the Services and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these TOS. Mixxxer.com also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by Mixxxer.com in providing the Services may be effected without notice to you and that Mixxxer.com shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that Mixxxer.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mixxxer.com EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW; (b) Mixxxer.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, Mixxxer.com IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. Mixxxer.com DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mixxxer.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Mixxxer.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, 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 ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

Member Disputes

Be advised that by using this Website, you agree to waive any and all claims against other users of the site, including but not limited to any disputes you may have with them. This waiver includes, but is not limited to, any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive Civil Code 1542 and you agree that you will not bring any claims against other users of the site that you do not know about or suspect at the time you use the site.

Class Action Waiver

In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action or in a private attorney general capacity.You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.

Electronic Communications

By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.

Severability

If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.

Merger; Translations

These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these Terms and any translation, the English language version shall take precedence.

Force Majeure

Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control.

Construction

The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above.

Limitations of Claims

You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Non-Assignment

You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.

Agreement Binding

This Agreement shall be binding upon the parties and their successors and permitted assigns. Copyright © 2012 – 2022 Social Smarts LLC. All rights reserved.
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