Terms and Conditions
Last Updated: November 14, 2019
Welcome to Mixer, a website available at www.mixerproduction.com (the “Site”) and our mobile application (the “App” and, together with the Site, collectively, the “Services”). The Services are owned and operated by Mighty Loud Enterprises (“Mighty Loud,” “we,” “us,” or “our”). The following Terms and Conditions (these “Terms”) are a legally binding agreement that shall govern the relationship with our users and others (“user(s),” “you,” or “your”) who may interact or interface with Mixer.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE OUR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU HAVE READ AND UNDERSTAND THESE TERMS.
The Privacy Policy contained on the Site is incorporated in these Terms by reference and can be found at www.poweredbymixer.com/privacy-policy (the “Privacy Policy”). These Terms shall govern any conflict or inconsistency with the Privacy Policy.
Mixer is hosted and operated in the United States and access to the Services is intended only for users located within the United States and Canada. MIXER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT USE OF THE SERVICES OUTSIDE OF THE UNITED STATES OR CANADA IS LAWFUL OR PERMISSIBLE. Your access to the Services is at your own risk and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
We reserve the right to change these Terms, the Privacy Policy, and/or any of its other policies relating to the Services at any time in our sole discretion. We shall notify you of such changes by posting the changes on the Services. You are responsible for regularly reviewing these Terms regarding such changes and therefore frequent review of these Terms and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Continued use of the Services after any such changes have been posted shall constitute your agreement to them.
If you have any questions about these Terms, please contact us at help@mightyloud.com or at the contact information below.
1. Description of Our Services and License to Use Our App
Any and all visitors to our Services, whether they are registered or not, shall be deemed “users” of Services for the purpose of these Terms. Once an individual registers for our Services through the process of creating an account, the user shall then be considered a “Member.”
Mixer is a patented datafication technology solution, offering integration of marketing channels, attribution analytics, sweepstakes, contesting, real-time song research and a listener loyalty program. We provide personalized music experience for our Members; provide our business partners with research and analysis of user metrics / connect Members to groups, events, and other users with shared interests / provide Members with a platform to discuss music, bands, events, venues, and radio topics, as well as participate in surveys, games, and auctions using Mixer account points.
The user and/or Member acknowledges and agrees that the Services provided by Mixer, which may include applications made available on various social media networking sites as well as numerous other platforms, and downloadable programs, are the sole property of Mixer. At our discretion, Mixer may offer additional website Services and/or products or update, modify, or revise any current content and Services. These Terms shall apply to any and all additional Services and any and all updated, modified or revised Services unless otherwise stipulated. Mixer does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You acknowledge, accept, and agree that MIXER shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services.
Subject to these Terms, Mixer grants you a limited, non-exclusive, and nontransferable right to download, install, and use the App for your personal, non-commercial use. These Terms do not allow you to use the App on any electronic device that is not owned or otherwise controlled by you. These Terms shall govern any upgrades to the App unless otherwise specified by us at the time the upgrade is made available to you.
Furthermore, you understand, acknowledge, and agree that the Services offered shall be provided “AS IS” and as such, Mixer shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication obligation for the timeliness, deletion and/or any failure to store user content, communication, or personalization settings. We reserve all rights not expressly granted to you herein.
2. Registration
By registering for the Services, you hereby represent and warrant that you:
a. are at least thirteen (13) years of age or older;
b. are a legal resident of the United States or Canada;
c. have not been previously suspended or removed from our Services or engaged in any activity that could result in suspension or removal from the Services;
d. do not have more than one Member account; and
e. have full power and authority to enter into these Terms and in so doing will not violate any other obligation or agreement to which you are a party.
By creating a Member account, you consent to receive electronic communications from Mixer (e.g., via email or by posting notices through the Services). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
3. Member Accounts and Security
You agree, represent, warrant, and guarantee that all information provided by you is true, accurate, complete, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
You acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions, including without limitation purchases and/or registration for products and/or Services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
4. Conduct
You agree to maintain a positive sense of decorum and to maintain a courteous and professional rapport in all of your interactions with other users on the Services, including, but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of our Services.
As a user or Member of the Services, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the sole responsibility of the individual or entity from whom or from which the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services. We do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Mixer.
In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
1. upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
2. upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
3. upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
4. use the Site to collect or store personal data about other Users without their express permission;
5. knowingly include or use any false or inaccurate information in any profile, including impersonating any individual or entity, any Mixer officials, forum leaders, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
6. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other User to the Site;
7. circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
8. attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
10. interfering with or disrupting any Mixer servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. intentionally or unintentionally violating any local, state, federal, national, or international law;
12. replicating, duplicating, copying, trading, selling, reselling, or exploiting for any commercial reason any part, use of, or access to the Services;
13. “stalking” or with the intent to otherwise harass another individual; and/or
14. collecting or storing of any personal data relating to any other Member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned sections.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, MIXER RESERVES THE RIGHT, IN ADDITION TO ITS OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE ANY USER ACCOUNT THAT WE, IN OUR SOLE AND ABSOLUTE DISCRETION, DETERMINE HAS VIOLATED THESE TERMS.
We also herein reserve the right to pre-screen, refuse to upload or publish, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other users and/or Members. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO RETAIN THE CONTENT ON THIS SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
We herein reserve the right to access, preserve, and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
1. compliance with any legal process;
2. enforcement of these Terms;
3. responding to any claim that therein contained content is in violation of the rights of any third party;
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of Mixer, its visitors, users, and/or Members, including the general public.
Mixer herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Mixer or any other content providers supplying content services to Mixer. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any content supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
5. Content Made Available for Our Services
We shall not claim ownership of any content submitted by any Member or user. Therefore, you hereby grant to Mixer the below listed worldwide, royalty-free and non-exclusive license, as applicable, to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display content, including, but not limited to, text, photos, audio, video, and/or graphics, on our Services that is submitted or made available for inclusion on areas of our Services that (i) are available to all users and the general public, and (ii) are available to Members only. For any other content submitted or made available for inclusion on areas of our Services that (i) are available to all users and the general public, and (ii) are available to Members only, the continuous, binding, and completely sub-licensable license to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display the content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed. For example, if you publicly share a photo through your Member account, you give us permission to store, copy, and share it with others consistent with our Privacy Policy.
You can terminate this license any time by deleting your content or account. [Please note that, for technical reasons, content you delete may be retained for a limited period of time in backup copies (though it will not be visible to other users)]. In addition, content you delete may continue to appear publicly if you have shared it with others and those persons have not deleted it.
6. User Feedback on the Services
If you submit ideas, documents, suggestions, and/or proposals regarding our Services (collectively, “Feedback”), you acknowledge and agree that:
1. your Feedback does not contain any type of confidential or proprietary information;
2. we shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback;
3. we shall be entitled to make use of and/or disclose any Feedback in any such manner we choose; and
4. Mixer is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
7. Modifications to the Services; Use and Storage
You herein acknowledge that we may set up any practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by us nor the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Services, the maximum disk space allowable that shall be allocated on our servers on any Member’s behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. In addition, you also agree that Mixer has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, we reserve the right to modify, alter, and/or update these practices and limits at our discretion.
We also reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
8. Termination
As a Member, you may cancel or terminate your Mixer account, associated email address and/or access to our Services [by submitting a cancellation or termination request to help@mightyloud.com]. Please note that information that other users have shared about you is not part of your account and will not be deleted upon deletion of your account. [If you do not want to delete your account, but want to temporarily stop using our Services, you can deactivate your account instead by submitting a deactivation request to help@mightyloud.com]. As a Member, you agree that Mixer may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
1. any breach or violation of our Terms or any other incorporated agreement, regulation, and/or guideline;
2. by way of requests from law enforcement or any other governmental agencies;
3. the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
4. unexpected technical or security issues and/or problems;
5. any extended periods of inactivity;
6. any engagement by you in any fraudulent or illegal activities; and/or
7. the nonpayment of any associated fees that may be owed by you in connection with your Mixer account.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account shall include any and/or all of the following:
1. the removal of any access to all or part of our Services;
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. the barring of any further use of all or part of our Services.
9. Advertisers
You give us permission to share certain information about actions you have taken on our Services in connection with ads, offers, and other sponsored content that we display across our Services. For example, we may show your friends and connections that you are interested in an advertised event or have “liked” a particular business partner that displays its ads on Mixer. Ads like this can be seen only by connections who have your permission to see the actions you have taken through your Member account.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Mixer shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Services.
10. Links
Third parties may provide links to other websites and/or resources on our Services. The Services may also contain features designed to link with third-party applications (e.g., Instagram, Facebook, or Twitter applications). You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource.
11. Intellectual Property
The Services, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, we own the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our databases as part of the Services. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Services content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on the Services without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Services, including, but not limited to, the content published herein, by your use of the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted herein.
You acknowledge, understand, and agree that all of Mixer trademarks, copyrights, trade names, service marks, other logos and any brand features are and shall remain the property of Mixer. You herein agree not to display and/or use in any manner our logo or marks without obtaining our prior written consent.
We will always respect the intellectual property of others and we require that all of our users do the same. If you believe that any User contributions to the Site or through our Services violate your copyright, please see our Digital Millennium Copyright Act Infringement Policy [http://www.poweredbymixer.com/dmca-safe-harbor]. Upon receipt of a proper notification of alleged copyright infringement, we will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that we have removed or disabled access to the material in question. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Members who are repeat infringers.
Trademark infringement complaints can be submitted to us at help@mightyloud.com.
12. Warranty Disclaimers
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
1. THE USE OF OUR SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MIXER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. MIXER AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SERVICES SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OUR SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND AT YOUR SOLE RISK AND, AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MIXER OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. THE MATERIAL AND SERVICES ARE DEVELOPED FOR USE IN THE UNITED STATES. MIXER AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE MATERIAL AND SERVICES WHEN ACCESSED OR USED IN ANY OTHER COUNTRY.
13. Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT MIXER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
1. THE USE OR INABILITY TO USE OUR SERVICES;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; AND
5. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnity
All users and/or Members herein agree to indemnify and hold Mighty Loud, Mixer, its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless or not liable for any claim or demand (including, but not limited to, reasonable attorney fees) made by any third party which may arise from any content a Member or user of our Services may submit, post, modify, transmit or otherwise made available through our Services or user/Member violations of these Terms and/or your violation of any such rights of such third party.
15. Lawsuit Claims.
You acknowledge, understand and agree any claim or action arising out of or related to the use of our Services or these Terms must be filed within one (1) year after said claim or cause of action arose.
16. Notice
We may furnish you with notices, including those with regards to any changes to these Terms, including but not limited to email, regular mail, text messaging, postings on our Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of these Terms by accessing our Services in an unauthorized manner. Your acceptance of these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
17. Entire Agreement
These Terms constitute the entire agreement between you and Mixer and shall govern the use of our Services, superseding any prior version of these Terms between you and Mixer with respect to our Services. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.
18. Choice of Law and Forum
It is at the mutual agreement between you and Mixer with regard to these Terms that the relationship between the parties shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes arising out of or relating to these Terms or the relationship between you and Mixer shall be filed within the state or federal court having jurisdiction within the County of Cobb, Georgia. You and Mixer agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
19. Waiver and Severability
At any time, should Mixer fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
20. Auctions, Sweepstakes, and Contests
Apple is not a sponsor, nor are they involved in the activities of auctions, sweepstakes, or contests in any manner whatsoever.
21. How to Contact Us
You may always submit any concerns regarding our Terms on the “contact us” page on our Site. We will attempt to respond to all reasonable concerns and inquiries expeditiously.
If you have any questions or comments about our Terms and/or Privacy Policy, please contact us at:
By e-mail: help@mightyloud.com
By telephone: (770) 919-2526
By regular mail:
Mixer LLC
PO Box
440006
Kennesaw, GA 30160