Terms and Conditions of Use

Terms & Conditions of Use

IMPORTANT-READ CAREFULLY: These Terms and Conditions are a legal contract ("Agreement") between you and Bandwidth Productions, Inc. d/b/a MIXTWEET and MIXTWEET.com ("MIXTWEET") for the use of MIXTWEET.com and the services provided herein, which includes computer software and, as applicable, associated content, databases, forums, media, printed materials, and "online" or electronic documentation (collectively, the "Service"). Headings for the sections of this Agreement are for reference only, and are not binding parts of this Agreement.

1. YOU NEED TO AGREE TO THESE TERMS BY SELECTING THE BOX CONFIRMING YOU AGREE TO THIS AGREEMENT, OR BY USE OF THE SERVICE.

BY SELECTING THE BOX CONFIRMING YOU AGREE TO THIS AGREEMENT, BY REGISTERING FOR USE OF THE SERVICE, OR BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THE SERVICES OR INSTALL ANY SOFTWARE FROM THIS SERVICE AND EXIT NOW.

Please understand that all information submitted by you to MIXTWEET may be publicly accessible. Important and private information should be protected by you. MIXTWEET is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. Please review our Privacy Policy, below, which forms a part of this Agreement.

By registering, you certify that the information that you provide on the registration form is accurate and pertains only to you, and you further certify that either: (1) you are over the age of eighteen, or (2) you are at least thirteen and have reviewed this Agreement with a parent or guardian. You are responsible for maintaining the confidentiality of the password you are assigned.

2. You agree to let MIXTWEET use your lists, ratings and comments.
By posting lists, ratings, comments or other information to this Service, you grant MIXTWEET and authorized users of the Service a non-exclusive license to use, modify, copy, compile, perform, distribute, republish, adapt and produce derivative works from this information in any way whatsoever, including to other users and for third parties.

3. MIXTWEET does not control what third party websites do, and they have their own policies.
Links to third party websites for purchase of media items or for further information are provided for convenience, and are not necessarily sanctioned, controlled or monitored by MIXTWEET. These third party websites are typically subject to their own privacy policies, terms of use, and rules, independent of those of MIXTWEET.

4. Do not set up fake accounts or use MIXTWEET for illegitimate, infringing or illegal purposes.
MIXTWEET's network resources shall not be used by you to impersonate another person or entity, or to misrepresent authorization to act on behalf of others or us. All messages transmitted through the Service must correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or in posting.

MIXTWEET RESERVES THE RIGHT TO REMOVE, EDIT, DEACTIVATE OR SUSPEND ANY AND ALL USE OF SERVICES, INFORMATION AND/OR USER ACCOUNTS FOR ANY REASON WHATSOEVER, WITHOUT PRIOR NOTICE.

You also agree not to: (1) take any action that imposes an unreasonable load on the MIXTWEET Service; (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the MIXTWEET Service or any activity being conducted on or through the Service; (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the MIXTWEET Service; (4) delete or alter any material posted by any other person or entity; (5) frame or link to any of the materials or information available from the MIXTWEET Service; or (6) take any other action that MIXTWEET determines, in its sole discretion, is an improper use of the Service.

5. MIXTWEET content is not guaranteed to be accurate.
Information and materials posted by MIXTWEET are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post other information and materials, including changes or additions; MIXTWEET gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by MIXTWEET or represent the views of MIXTWEET. MIXTWEET does not monitor all submissions to the site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies, or is deemed to be inappropriate in the sole discretion of MIXTWEET.

MIXTWEET takes no responsibility for any actions you take or do not take based on information available through this site.

6. Respect for copyright, trademark, and other intellectual property rights.
You are authorized to access, use and copy information and materials available through the Service only for purposes of posting, viewing, sharing, linking, and discussing lists solely through this Service. The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products, except as otherwise permitted in this Agreement. Violation of this policy may result in infringement of intellectual property and contractual rights of MIXTWEET or third parties that is prohibited by law and could result in substantial civil and criminal penalties.

MIXTWEET, MIXTWEET.com, MIXTWEET.NET, and MIXTWEET.ORG and other identified marks are trademarks of Bandwidth Productions, Inc. and may not be used without MIXTWEET's written permission. All graphics, user interfaces, original content, images, and "look and feel" of MIXTWEET.com are owned by, controlled by or licensed to MIXTWEET, LLC under copyright, patent, trademark, trade dress, unfair competition and other applicable intellectual property laws.

You agree not to violate the copyright, patent, trademark, trade dress or other intellectual property rights of MIXTWEET or any third party through your use of the Service.

You agree not to post third party intellectual property, including but not limited to copyrighted works, or links thereto, except as expressly permitted by the copyright holder.

You agree not to link, post or otherwise reference sources of unlicensed or illegal content via MIXTWEET. Such posts are subject to immediate removal, and users making such posts are subject to warning, account suspension or account deactivation, at the sole discretion of MIXTWEET.

Should you decide to submit, enter or transmit information or materials of any kind through use of the Service, you are responsible for ensuring that you are authorized to do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including MIXTWEET or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you submit, originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MIXTWEET will actively work with copyright owners to ensure that any links to infringing content not filtered by third partiy websites are removed from MIXTWEET.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MIXTWEET's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at MIXTWEET, c/o Copyright Agent, 134 West 26th St, Suite 1000, New York, NY 10001. You may also notify MIXTWEET's agent via email at violation@MIXTWEET.com. Please provide our Agent with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the MIXTWEET service that you claim is infringing, with enough detail so that we may locate it on the service;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

8. No spam, slander, schemes, sex or viruses.
If you submit any information to our site, you agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes or chain letters or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; (5) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication; or (6) post any other information or contact any user in a manner that, in MIXTWEET's sole discretion, is deemed inappropriate.

9. No scraping, sniffing, scanning, or sneaking around.
When retrieving information from our site, you are prohibited from any unauthorized: (1) use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; (2) aggregation, copying or duplication of any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the site; (3) syndication of any of the materials or information available from this site except for any syndication service provided by MIXTWEET at its sole discretion; (4) accessing of data not intended for such user, except with the express written permission of MIXTWEET; (5) accessing of any portion of the Service without authorization; or (6) violation of any other rights that MIXTWEET may have in the Service.

10. DISCLAIMER OF WARRANTIES .
USE OF THIS SITE, SERVICE, AND ANY SOFTWARE PROVIDED IN CONNECTION WITH THIS SITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SITE, SERVICE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL MIXTWEET BE LIABLE FOR ANY DAMAGES TO YOU OF ANY KIND, INCLUDING FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER, OR ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, SERVICE OR SOFTWARE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST INCOME, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, DATA BEING RENDERED INACCURATE, FAILURE OF SERVICE OR THE INAILITY TO USE A COMPUTER, WHETHER ARISING OUT OF TORT, CONTRACT OR OTHERWISE, EVEN IF MIXTWEET HAS BEEN INFORMED AND SO ADVISED OF THE POSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY LOSS, DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT MIXTWEET CORRECT THE MATTER, OR YOU MAY DISCONTINUE USE OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, SOFTWARE OR MEDIA YOU DOWNLOAD FROM MIXTWEET.com OR FROM THIRD PARTIES LINKED FROM MIXTWEET.com IS YOUR SOLE RESPONSIBILITY AND IS DOWNLOADED AT YOUR OWN RISK, AND YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MEDIA.

BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THE APPLICABLE JURISDICTION OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, MIXTWEET'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. You are responsible for your own conduct and those of your agents.
You agree to accept sole responsibility for any use of Internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accessees.

12. Choice of forum and other matters
These terms shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey, and the parties hereto agree to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the State of New Jersey for any dispute relating to this Agreement.

This Agreement may be revised at any time by MIXTWEET, with notice and date of change. Whenever this Agreement is revised, your continued use of MIXTWEET shall constitute your agreement to this Agreement as so modified.

To the extent any part of this Agreement is declared invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect.

The failure of MIXTWEET to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

The parties hereto agree that this Agreement, which includes MIXTWEET's Privacy Policy, sets for the entire agreement between the parties with respect to its subject matter.

13. Privacy Policy
MIXTWEET provides this explanation about our online information practices as a show of our commitment to protect your privacy.

We do not sell, rent or otherwise use personally-identifying information (which means your actual identity, e-mail address, password, personal address and financial information, but not public information you choose to submit) collected during your use of our Website (www.MIXTWEET.com) without your permission, unless required to do so by law.

The Information We Collect

At the time you register with the MIXTWEET Service, we may collect and store your name, e-mail address, and other personally-identifying information.

We may also ask you for personally-identifying information at other times, such as if you enter into a promotion, communicate with us, complete a survey, or for monetary transactions with us. If you opt-in to receive information regarding a promotion, you give us your permission to share your name and e-mail address with the third party offering the promotion. We do not, however, control or have any responsibility for the privacy policies of such third parties.

In addition, we may automatically gather general statistical information about our Website and visitors, such as IP addresses, browsers, pages viewed, number of visitors, goods and services purchased, etc. We may use this data in the aggregate in any manner, such as to determine how our customers use parts of our site so we can improve our site. We may also provide this statistical information to third parties, but when we do so we do not provide personally-identifying information without your permission.

As part of our service, we may use cookies to store and track information about you. Some features of our site may be available only through the use of a cookie. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive.

If you obtain goods or services provided by third party retailers or vendors, retail partners, or service providers linked from MIXTWEET.com, we may exchange with the vendor personally-identified information about you for purposes of completing your transaction.

In addition, third parties may have different privacy policies that apply to any transactions you pursue with them, such as the purchase and download of media files. Your interaction with third party retailers is separate from your interaction with MIXTWEET.com, and is governed by the third party's privacy policy.

The Way We Use Information

We may use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services.

We may use your personally-identifying information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We may ask you to voluntarily provide us with additional information regarding your personal or business interests, experience or requests, which we may use to customize our service for you.

We may use your e-mail address and other personal contact information to contact you regarding administrative notices and communications relevant to your use of the site. We will not send you promotions or announcements unless you give us permission to do so. You can opt out of receiving such contact by so indicating in your registration/preferences file.

If you place a request for products or services, we may use your personal contact information to ship your order; if the products or services are from a retail partner, we may provide your relevant information to that retailer for purposes of the transaction. If you establish a credit account with us or our providers, we may collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.

We may also use information to resolve disputes, investigate problems, or enforce our User Agreement. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.

We may use information, such as your IP address, to help diagnose problems with our server, to manage our Website or to enhance our site based on the usage pattern data we receive.

Security

Your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it.

No data transmission over the Internet or any network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

How You Can Update, Correct or Delete Your Information

To update, correct or delete your personally-identifying information, you can make changes to your MIXTWEET.com member profile. You may have your account deleted or deactivated, but doing so will result in you not being able to access certain customized member services.

Should you elect any opt-out feature, you may access your registration/preferences file at your MIXTWEET.com member profile page.

Children Under 13

If you are a child under age 13, please do not use this site. While the MIXTWEET.com registration requires agreement that you are not under thirteen, we have no way of distinguishing the age of individuals who access our Website, and so we carry out the same Privacy Policy for individuals of all ages. If you are over the age of 13 but under the age of 18, review this Agreement and Privacy Policy with a parent or guardian.

If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.

Third Party Practices

The Privacy Policy of an advertiser, promotional service, or third party link appearing at our site may differ from ours. We encourage you to read that policy before responding to the offer.

Changes to Our Policy

Any changes to our Privacy Policy will be communicated through our Website at this or an equivalent location.

Your Consent

By using our Website, you consent to the collection and use of this information in the manner we describe.