Welcome to Mixam Inc. Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our websites, at mixam.com, mobile sites, and mobile applications (collectively, “our Website” as well as our provision of products and services through the Website. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.
By visiting any of our Website, you are signifying your assent to these Terms and our Privacy Policy, located at https://mixam.com/privacy-policy which is incorporated herein by reference. Any products ordered or services used through any of our Website are also governed by these Terms. We may revise these Terms from time to time by posting a revised version. Your continued use of any of the Website after we post any changes will constitute your acceptance of such changes. In addition, by ordering products or using services, you acknowledge that you have read and reviewed these Terms in their entirety, you agree to these Terms and the Privacy Policy and these Terms constitute binding and enforceable obligations on you.
NOTE: THESE TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.
ARTICLE 1 - YOUR USE OF OUR WEBSITE:
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Website, including any images, text, graphics, sounds, data, links and other materials incorporated into our Website (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Website or create derivative works of any portion our Website without our written consent. While using any of our Website, you agree not to:
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website.
Some features of our Website may enable you to send and receive transmissions, such as text, comments, or reviews. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Website and/or the amount of storage space available for transmissions or for any feature made available through our Website.
We reserve the right to refuse to accept an order from a consumer if the order for printing includes content (including but not limited to text, graphics, pictures, photographs) which are unlawful or include offensive or threatening, sexual, political or religious content.
ARTICLE 2 - YOUR MEMBER ACCOUNT:
You may create a member account with our Website by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Website.
In order to create a member account with any of our Website, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Website.
ARTICLE 3 - MAKING PURCHASES:
If you wish to purchase any products or services through our Website, we will ask you to supply certain information applicable to your purchase. This requirement includes, without limitation, payment methods (such as PayPal, Visa, etc.) and other information. We will treat any such information as described in our Privacy Policy. All information you provide to us, or our third-party payment processor, must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanisms) at the prices in effect when such charges are incurred. Although the prices on our Website reflect our current prices, the price for any particular purchase made by you may change depending on your User Submitted Materials. You will also be responsible for paying any applicable taxes relating to your purchases, as our prices do not include taxes. Verification of information that applies to a purchase may be required before we accept any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. You can find current prices on our Website. The timing of performance and delivery estimates can change up to the point when they are confirmed.
We make reasonable efforts to display the attributes of our products and services accurately. This includes the applicable colors; however, the colors you see will depend on your electronic device system, and we cannot guarantee that your electronic devices will display such colors accurately. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s), and/ to refuse to provide any user with any product or service.
We will specify that, during the ordering process, whether we require payment in advance or following completion of your order, we may invoice you at any time for each order after you have received your order. You agree to pay any such invoices within the agreed number of days identified in the invoice. Customer accounts will be subject to credit limits; we may vary from time to time at our absolute discretion.
Where we require payment in advance, you must make a payment immediately at the time of your order. All payment must be made in clear funds, in full within the deadline stated on the invoice, without set-off or deduction. We may withhold work and/or terminate our agreement with you if the payment for an invoice is not received from you in full, on time, and in cleared funds.
You must make payment for all work in full by credit or debit card, check, bank transfer, or any other payment method identified on the Website, to the account designated by us.
Any payment under the terms of this Agreement made after the date such payment is due and payable shall bear interest as of the day after the date such payment was due and payable. The payment under the terms of this Agreement shall continue to accrue such interest until you make such payment at a delivery rate equal to the lesser of either:
If a listed product or service on our Website has an incorrect price due to a typographical error or pricing information error received from our suppliers, we have the right to refuse or cancel any orders. We also have the right to refuse or cancel any such orders, whether an order is confirmed or not, and your credit card is charged. If you are already on your credit card or another payment method for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
ARTICLE 4 - PROOFS:
REVIEW OF ORDER AND PROOF IS YOUR RESPONSIBILITY.
Whenever you order an item, our website will display an online proof for your final review and approval. You may download the proof if you wish. Your approval is required before we print and fulfill your order. It will be critical that you carefully review your order and the proof provided to you before the project is completed and your order fulfilled. We will start working to print and fulfill your order immediately after receiving your final approval. Any changes made or requested after a proof has been approved may not be honored.
ARTICLE 5 - DELIVERY:
We will arrange for your ordered items to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavors to deliver ordered items to you within 8 days of the date of confirmation of completion of your work. However, we cannot guarantee delivery by the relevant date. We guarantee, however, that unless there are exceptional circumstances, we will dispatch all deliveries within 30 days of the later receipt of payment or the date of confirmation of completion of your ordered items.
Unless we expressly agree otherwise, we will only deliver work within the United States of America. Any international deliveries to which we agree may be subject to customs clearance, and local country restrictions may apply. We will not be responsible for any customs and excise charges that could occur from the import or export of your goods.
All ordered items, delivered or not, remain our property until we receive the payment in full. Until you make the payment, you shall retain such goods separately from other goods and mark them so that they are identifiable as our property. Additionally, any amount you receive for any sale of such goods must be held in a separate account in trust on our behalf.
We reserve the right to ship partial orders (at no additional cost to you). Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
We must fulfil our contract by delivering a quantity within 5% plus or minus the number of printed goods ordered. Mixam will charge you at the contract delivery rate for the number of items delivered, as per industry standards.
ARTICLE 6 - MOBILE APPLICATIONS:
Before using any of our mobile applications to access the Website ("App" or "Apps"), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements, which may change as the App evolves. You are responsible for any Internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.
ARTICLE 7 - DEFECTIVE PRODUCTS AND CANCELLATIONS:
If you wish to cancel an order, you will pay us in full for any costs or expenses incurred before the date and time when we receive written notice of your cancellation.
We reserve the right to cancel an order up to the point of delivery if it had an incorrect price or other administrative error on our part.
If you receive an item or product from us that, in your opinion, is defective, you must contact us immediately at team@mixam.com. If we agree that the quality of the products is not satisfactory - or does not materially conform with your instructions or artwork - we may choose either:
Where you wish to make a defective work claim, you must, on our request, return the products that are defective to us. Any such returns will be at your expense. If we agree that the item or products are not of satisfactory quality, we will refund the cost of returning the products (at the standard postal return delivery rate).
You must make any claims for damages, delays or partial loss in transit in writing to us - so it reaches us within 5 days of delivery.
Regarding the quality or quantity of the items or products, you must make all claims in writing to us to reach us within 10 working days of receiving them. Otherwise, the items or products must comply with the order you placed.
ARTICLE 8 - THIRD-PARTY SITES, SOFTWARE, AND SERVICES:
Our Website may contain links or direct you to sites, software or services owned or operated by third parties. We have not reviewed these third party websites to which you may be directed and we have no control over such third party websites. We have no control over and are not responsible for (a) the content and operation of such third party websites, or (b) the privacy or other practices of such third party websites. We do not endorse such third party websites. We advise that you use or visit such third party websites only as a convenience. You are responsible for the costs associated with such third party websites, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third party websites.
Other sites may provide links to our Website with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.
ARTICLE 9 - SOCIAL MEDIA AND OTHER SERVICES:
While using our services, you may have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Twitter, and others (each, an "SMS"). By granting us access to your SMS, you understand that we will have access to your SMS content. We are not responsible for any SMS content stored on an SMS that you choose to make available to us. Depending on the SMS you choose and subject to the privacy settings you have set in your SMS account(s), personally identifiable information that you post to your SMS account(s) may be available to us. You may have the ability to disable the connection between the Website and your SMS account(s), at any time, by accessing the "Settings" section of the SMS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SMS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SMS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SMS.
ARTICLE 10 - MATERIALS SUBMITTED BY USERS:
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designers a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging, and shipment.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Website are not proprietary to you, and the rights to such template or layout will remain with us.
YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE POSSESS ALL NECESSARY RIGHTS WITH RESPECT TO THE USER SUBMITTED MATERIALS, AND THAT THE USER SUBMITTED MATERIALS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION OR OTHERWISE VIOLATE ANY COPYRIGHT, TRADE SECRET RIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER PROPERTY RIGHT OF ANY THIRD PARTY, AND THAT THE USER SUBMITTED MATERIALS ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE.
Should any User Submitted Materials contain your likeness, You consent to the use of your likeness, and agree that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
User Submitted Materials that violate these Terms may be removed from our Website provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Website. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
ARTICLE 11 - INDEMNIFICATION:
YOU AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, AND THIRD PARTY USERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (I) YOUR VIOLATION OF THESE TERMS, ANY OTHER AGREEMENT OR TERMS OF USE WITH US, ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN OR THEREIN, OR ANY APPLICABLE LAW; (II) YOUR USER SUBMITTED MATERIALS; (III) YOUR ACTIVITIES IN CONNECTION WITH OBTAINING ANY PRODUCTS OR SERVICES FROM US, OR (IV) ANY ACTIVITY RELATED TO ACCESS TO OR USE OF YOUR ACCOUNT BY YOU OR ANY OTHER PERSON.
ARTICLE 12 - OWNERSHIP AND COPYRIGHT ISSUES:
The Website, and all items listed, offered, or displayed on the Website, is our property or the property of a third party content supplier, and is protected by copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website content that is not our property is printed or reproduced with permission under agreement with a third-party content provided. AS SUCH, ALL WEBSITE CONTENT AND MATERIALS FROM THIRD PARTY CONTENT SUPPLIERS IS PROVIDED “AS IS” FOR YOUR PERSONAL USE ONLY, AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCASTED, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY PURPOSE WHATSOEVER WITHOUT OUR PRIOR WRITTEN CONSENT. You agree that we are not responsible for the copyright, compliance, or legality of any of such items provided by or on behalf of our third party content suppliers.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Website to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Website should be sent to: team@mixam.com
ARTICLE 13 - FORUMS:
We may permit you to share your User Submitted Materials with other users, including, without limitation, to our user comment functionality, online image share feature and/or a public gallery, user forums and blogs (collectively, "Forums"). Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, which are inaccurate, misleading or deceptive, or provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Website or others. The opinions expressed in any such Forums reflect solely the opinions of the participants and may not reflect the opinions of us. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users be liable for any loss or damage caused by your reliance on such information obtained through our Forums. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our Website.
ARTICLE 14 - DISCLAIMER OF WARRANTIES:
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN AND PRODUCTS PROVIDED BY OR ON BEHALF OF OUR THIRD PARTIES CONTENT SUPPLIERS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
ARTICLE 15 - LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "COMPANY PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE COMPANY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ARTICLE 16 - NOTICE FOR CALIFORNIA USERS:
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ARTICLE 17 - INTELLECTUAL PROPERTY NOTICES:
All trademarks and service marks on any of our Website that are not owned by us are the property of their respective owners. Company owns certain registered trademarks and logos listed on the Website. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
ARTICLE 18 - JURISDICTIONAL ISSUES:
Our Website are controlled and operated from the United States. We do not represent or warrant that any of our Website, products, and/or services or any part thereof is appropriate or available for use in any other particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
ARTICLE 19 - MISCELLANEOUS:
These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the Suffolk, County, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: team@mixam.com
ARTICLE 20 - TERMINATION:
Either you or we may terminate your access to our Website and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Company may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Website and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
ARTICLE 21 - ARBITRATION AGREEMENT:
If you are a Company customer in the United States (including its possessions and territories), you and Company agree that any dispute, claim or controversy arising out of or relating in any way to the Company service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Company account.
If you elect to seek arbitration or file a small claim court action, you must first send to Company, by certified mail, a written Notice of your claim ("Notice"). The Notice to Company must be addressed to: [ADDRESS] ("Notice Address"). If Company initiates arbitration, it will send a written Notice to your email. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, Company will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the [County and State]. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Welcome to Mixam Inc. (“we,” “us,” or “Company”). Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our website at mixam.com/print-link (“Website”) and our provision of products and services through the Website. Certain services, promotions and features may have additional terms and conditions incorporated herein by reference.
The Website allows users ("Publishers") to upload their book files and generate a link to publish online. The link facilitates direct sales to the Publisher’s customers (“Customers”). These Terms apply to both Publishers and Customers.
By visiting our Website, you are signifying your assent to these Terms and our Privacy Policy, located at https://mixam.com/privacy, incorporated herein by reference. These Terms also govern any products ordered or services used through our Website. We may revise these Terms occasionally by posting a revised version. Your continued use of any of the Website after we post any changes will constitute your acceptance of such changes. In addition, by ordering products and/or using services, you acknowledge that you have read and reviewed these Terms in their entirety, you agree to these Terms and the Privacy Policy, and these Terms constitute binding and enforceable obligations on you.
NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND CONCERNS ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.
ARTICLE 1 - YOUR USE OF OUR WEBSITE:
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Website, including any images, text, graphics, sounds, data, links and other materials incorporated into our Website (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Website or create derivative works of any portion of our Website without our written consent. While using our Website, you agree not to:
If you fail to comply with the above rules, such failure will constitute a violation of these Terms. In addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website.
Some features of our Website may enable you to send and receive transmissions, such as text, comments, or reviews. You acknowledge that we have no responsibility or liability for any transmissions and/or any content included in such transmissions sent or received by you. In our sole discretion and at any time, we reserve the right to set limits on the number and size of any transmissions sent by or received through our Website and/or the amount of storage space available for transmissions or any feature made available through our Website.
We reserve the right to refuse or remove an upload from a Publisher if the upload for printing includes content (including but not limited to text, graphics, pictures, and photographs) which are unlawful or includes offensive or threatening, sexual, political or religious content, or for any other reason in our sole discretion.
ARTICLE 2 - YOUR MEMBER ACCOUNT:
You can create a member account with our Website by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested and keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Website. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on our Website.
To create a member account or make purchases with our Website, you must be at least thirteen (13) years of age. You represent that you are at least thirteen (13) years old. If you are not, please do not set up an account with our Website.
ARTICLE 3 - MAKING PURCHASES:
If you wish to purchase any products or services through our Website, we will ask you to supply certain information applicable to your purchase. This requirement includes, without limitation, payment methods (such as PayPal, Visa, etc.) and other information. We will treat any such information as described in our Privacy Policy. All information you provide us or our third-party payment processor must be accurate, current and complete.
Please read the additional legal terms of our third-party payment processor, Stripe Connect.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges you, users of your account and credit card (or other applicable payment mechanisms) incur at the prices in effect when you or any users incurred such charges. You are also responsible for paying any applicable taxes on your purchases, as our prices do not include them. Information Verification that applies to a purchase may be required before we accept any order.
Descriptions, images, references, features, content, specifications, price and availability of any products or services are subject to change without notice. You can find current prices on our Website.
We make reasonable efforts to accurately display attributes of our products and services, including the applicable colors. However, the colors you see will depend on your electronic device system, and we cannot guarantee that your electronic devices will display such colors accurately. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased through our Website. By placing an order, you represent that the products ordered are only for legal purposes. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchase(s), and/ to refuse to provide any user with any product or service.
During the ordering process, we will specify whether we require payment in advance or following order completion. If payment is required only after order completion, we may invoice you at any time for each order after receiving it. You agree to pay any such invoices within the agreed number of days identified in the invoice. Customer accounts will be subject to credit limits; we may vary such limits from time to time at our absolute discretion.
Where we require payment in advance, you must make a payment immediately at the time of your order. All payments must be made in clear funds, in full, within the deadline stated on the invoice, without set-off or deduction. We may withhold work and/or terminate our agreement with you if the payment for an invoice is not received from you in full, on time, and in cleared funds.
You must pay for all work in full by credit or debit card, check, bank transfer, or any other payment method identified on the Website to the account we designate.
Any payment under the terms of this Agreement made after the date such payment is due and payable shall bear interest as of the day after the date such payment was due and payable. The payment under the terms of this Agreement shall continue to accrue such interest until you make such payment at a delivery rate equal to the lesser of either:
If a listed product or service on our Website has an incorrect price due to a typographical error or pricing information error received from our production centers, we have the right to refuse or cancel any orders. We also have the right to refuse or cancel any such orders, whether an order is confirmed or not and whether we charge your credit card. If you cancel your order, we will credit your credit card account for the incorrect price.
ARTICLE 4 - PROOFS:
REVIEW OF UPLOAD AND PROOF IS YOUR RESPONSIBILITY.
Whenever a Publisher uploads print files, our Website will display an online proof for final review and approval. You may download the proof if you wish. Your approval is required before we print and fulfill your order. You must carefully review the proof provided before completing your order and before we can fulfill your Customers' orders. We may start working to print and fulfill your Customers’ orders immediately after receiving your final approval. Any changes made or requested after proof approval may not be honored and may incur additional charges.
ARTICLE 5 - DELIVERY:
We will arrange for the delivery of your ordered items to Customers via the address for delivery indicated in your order.
We will use reasonable endeavors to deliver ordered items to you and your Customers within 8 business days of the order. However, we cannot guarantee delivery by the relevant date. We guarantee, however, that unless there are exceptional circumstances, we will dispatch all deliveries within 30 days of receipt of payment for your ordered items.
Any international deliveries may be subject to customs clearance, and local country restrictions may apply. We will not be responsible for any customs and excise charges that could occur from the import or export of your goods.
All ordered items, delivered or not, remain our property until we receive the payment in full. Until you make the payment, you shall retain such goods separately from other goods and mark them so that they are identifiable as our property.
We reserve the right to ship partial orders (at no additional cost to you). Title and risk of loss for any purchases pass to you upon delivery to our carrier.
Items will be shipped uninsured unless you select and pay for insurance when placing an order.
ARTICLE 6 – PAYMENTS TO PUBLISHERS
Publishers will receive a commission when their Customers make purchases via the Website using the link we provide.
When setting up an order, you can choose Production Cost, Fixed Markup or Percentage Markup pricing strategies, which you can adjust anytime.
The Company will pay you commission within the first two weeks of the month following the month the sale occurs.
We will collect and remit any sales tax due for such purchases to taxation authorities. However, you are responsible for paying any income or other taxes owed based on the commissions paid to you.
ARTICLE 7 - DEFECTIVE PRODUCTS AND CANCELLATIONS:
If you are a Customer and wish to cancel an order, you will pay us in full for any costs or expenses incurred before the date and time when we receive written notice of your cancelation.
We reserve the right to cancel an order up to the point of delivery if it has an incorrect price or other administrative error on our part.
If you, the Publisher, receive an item or product from us that, in your opinion, is defective, you must log a Print Issue Report using these instructions. If a Customer receives an item or product from us that, in their opinion, is defective, they must email team@mixam.com and provide their order number and clear photographic and or video evidence showing the issue(s).
If we agree that the product is defective, we may choose either:
If you wish to make a defective work claim, you must, at our request, return the defective products to us. Any such returns will be at your expense. If we agree that the item or products are defective, we will refund you the cost of returning the products (at the standard postal delivery rate).
You must make any claims for damages, delays or partial loss in transit in writing so they reach us within 5 business days of delivery.
Regarding the quality or quantity of the items or products, you must make all claims in writing to reach us within ten (10) business days of receiving them. Otherwise, we will deem the items or products to comply with your order.
ARTICLE 8 - THIRD-PARTY SITES, SOFTWARE, AND SERVICES:
Our Website may contain links or direct you to sites, software or services owned or operated by third parties. We have not reviewed these third-party websites, and we have no control over such third-party websites. We have no control over and are not responsible for (a) the content and operation of such third-party websites or (b) the privacy or other practices of such third-party websites. We do not endorse such third-party websites. We advise that you use or visit such third-party websites only as a convenience. You are responsible for the costs associated with such third-party websites, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third-party websites.
Other sites may provide links to our Website with or without our authorization. We do not endorse such sites and will not be responsible or liable for any links from those sites to our Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.
ARTICLE 9 - MATERIALS SUBMITTED BY PUBLISHERS:
Any materials submitted by Publishers, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant our designers and us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, publish, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you or your Customers request or to show you and/or your Customers how your User Submitted Materials would appear in our products or services. For example, when your Customers order a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging, and shipment.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Website are not proprietary to you, and the rights to such template or layout will remain with us. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE POSSESS ALL NECESSARY RIGHTS CONCERNING THE USER-SUBMITTED MATERIALS AND THAT THE USER-SUBMITTED MATERIALS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION OR OTHERWISE VIOLATE ANY COPYRIGHT, TRADE SECRET RIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER PROPERTY RIGHT OF ANY THIRD PARTY, AND THAT THE USER SUBMITTED MATERIALS ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, DANGEROUS, OBSCENE, OR OTHERWISE OBJECTIONABLE.
Should any User Submitted Materials contain your likeness, you consent to the use of your likeness and agree that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
We may remove user-submitted materials from our website that violate these terms; however, we have no obligation to remove user-submitted materials in response to user reports or requests. We are not responsible for and will have no liability for the removal, non-removal, or loss of any User Submitted Materials from our Website. We recommend you keep backup copies of your User Submitted Materials on your hard drive or other personal system.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing us at team@mixam.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control about the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
ARTICLE 10 - INDEMNIFICATION:
YOU AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, AND THIRD PARTY USERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (I) YOUR VIOLATION OF THESE TERMS, ANY OTHER AGREEMENT OR TERMS OF USE WITH US, ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN OR THEREIN, OR ANY APPLICABLE LAW; (II) YOUR USER SUBMITTED MATERIALS AND THE PUBLICATION THEREOF; (III) YOUR ACTIVITIES IN CONNECTION WITH OBTAINING ANY PRODUCTS OR SERVICES FROM US, OR (IV) ANY ACTIVITY RELATED TO ACCESS TO OR USE OF YOUR ACCOUNT BY YOU OR ANY OTHER PERSON.
ARTICLE 11 - OWNERSHIP AND COPYRIGHT ISSUES:
Copyright laws protect the items listed, offered, or displayed on the Website and are our property or the property of a third-party content supplier. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property rights in the product. All unowned Website content, not our property, is printed or reproduced with permission under agreement with a third-party content provided. AS SUCH, THIRD-PARTY CONTENT SUPPLIERS PROVIDE ALL WEBSITE CONTENT AND MATERIALS “AS IS” FOR YOUR PERSONAL USE ONLY. YOU MAY NOT USE, COPY, REPRODUCE, DISTRIBUTE, TRANSMIT, BROADCAST, DISPLAY, SELL, LICENSE, OR OTHERWISE EXPLOIT THEM FOR ANY PURPOSE WHATSOEVER WITHOUT OUR PRIOR WRITTEN CONSENT. You agree that we are not responsible for the copyright, compliance, or legality of any of such items provided by or on behalf of our third-party content suppliers.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Website to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that you received a wrongly filed notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. You can send DMCA notices and counter-notices regarding our Website to team@mixam.com.
ARTICLE 12 - FORUMS:
We may permit you to share your User Submitted Materials with other users, including, without limitation, our user comment functionality, online image share feature and/or a public gallery, user forums and blogs (collectively, "Forums"). Forum participants may occasionally post messages or make statements intentionally or unintentionally that are inaccurate, misleading or deceptive or provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Website or others. The opinions expressed in any such Forums reflect the participants' views solely and may not reflect the Company’s opinions. We are not responsible for any errors or omissions in articles or postings, hyperlinks embedded in messages, or results obtained from using such information. Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third-party users, be liable for any loss or damage caused by your reliance on such information obtained through our Forums. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted, or otherwise made available on or through the Forums or otherwise through our Website.
ARTICLE 13 - DISCLAIMER OF WARRANTIES:
EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN AND PRODUCTS PROVIDED BY OR ON BEHALF OF OUR THIRD-PARTY CONTENT SUPPLIERS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ARE NOT RESPONSIBLE FOR ANY USER-SUBMITTED CONTENT. NOTE: CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
ARTICLE 14 - LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "COMPANY PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN FAILS ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, DANGEROUS, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE COMPANY PARTIES WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED, PUBLISHED, OR DISTRIBUTED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND ONLY IF SUCH PRODUCTS ARE DEFECTIVE IN OUR JUDGMENT, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ARTICLE 15 - NOTICE FOR CALIFORNIA USERS:
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ARTICLE 16 - INTELLECTUAL PROPERTY NOTICES:
All trademarks and service marks on our Website that the Company doesn't own are the respective owner's property. The company owns certain registered trademarks and logos listed on the Website. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion. Nothing contained on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
ARTICLE 17 - JURISDICTIONAL ISSUES:
Our Website is controlled and operated from the United States. We do not represent or warrant that our Website, products, and/or services or any part thereof are appropriate or available for use in any other particular jurisdiction. Those who choose to access the Website do so on their own initiative, at their own risk and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
ARTICLE 18 - MISCELLANEOUS:
These Terms are governed by and construed per the laws of the State of Illinois, United States of America, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Chicago, Illinois, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, we will enforce such provision to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements concerning such subject matter.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as outlined in the introductory section of these Terms.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact team@mixam.com.
ARTICLE 19 - TERMINATION:
Either you or we may terminate your access to our Website and your account at any time, with or without cause or prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, the Company may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Website and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
ARTICLE 20 - ARBITRATION AGREEMENT:
If you are in the United States (including its possessions and territories), you and the Company agree that any dispute, claim or controversy arising out of or relating in any way to the Company service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration. Arbitrators can award the same damages and relief that a court can award. By agreeing to these Terms of Use, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and the Company each waive the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Company account.
If you elect to seek arbitration, you must first send a written notice of your claim ("Notice") to Mixam Inc. by certified mail. You must address the Notice to the Company to 1515 E. Woodfield Road, Suite 342, Schaumburg, IL, 60173 ("Notice Address"). If the Company initiates arbitration, it will send a written Notice to your email. A Notice, whether sent by you or by the Company, must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding.
You may download or copy a Notice form and a form to initiate arbitration on the American Arbitration Association’s website.
The Commercial Arbitration Rules will govern the arbitration and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The terms of this Agreement bind the arbitrator. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the Company and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions based on the award. Except as expressly set forth herein, the AAA Rules govern the payment of all filing, administration and arbitrator fees. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Furthermore, unless you and the Company agree otherwise, the arbitrator may only consolidate one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision becomes unenforceable, the entire arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.