1. Mixbook | Terms of Use
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Terms of Use
Using Mixbook
This policy is effective May 21, 2010.
Introduction
Welcome to Mixbook (the "Web site"), an online, collaborative web site and publishing service that connects people to create books together
that can be printed or shared online. The Web site, service and network (collectively, the “Service”) are operated by Interactive Memories,
Inc. and its corporate affiliates (collectively, “us”, “we” or “Mixbook”). By accessing or using our Website at www.mixbook.com, you (the
“User”) agree that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or
not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this web page and
will indicate at the top of the Terms of Use the date they were last revised. Any new Terms of Use are effective upon posting and your
continued use of the Service after such posting constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or
any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the
Terms of Use to determine if there have been changes.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and
obligations.
Eligibility
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or
older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created
by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and
access to the Service is void where prohibited.
Term
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your
membership at any time, for any reason by following the instructions on the My Account page. Mixbook may terminate your membership for
any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that
termination of this Agreement and your account may involve deletion of your Mixbook information from our live databases as well as any
Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Mixbook will not have
liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
Fees
You acknowledge that Mixbook reserves the right to charge for Services and to change our fees from time to time in its discretion, upon
posting such policy on the Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set
forth on the Service.
Conditions of Sale
Eligibility and Credit Card Terms
To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction.
You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and
associated payment information at the time you order books or any other products hereunder, including all of the following:
Your name as it appears on the card
The credit card type
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2. Mixbook | Terms of Use
The date of expiration of your credit card
Billing address
Any activation numbers or codes needed to charge your credit card.
Mixbook does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your
credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement
to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Mixbook invoices the
credit card for all amounts due and payable. By providing Mixbook with your credit card number and associated payment information, you
agree that Mixbook is authorized to immediately invoice your account for all fees and charges due and payable to Mixbook as a result of your
purchase of any books or other products. You agree to immediately notify Mixbook of any change in the credit card used for payment
hereunder or in any associated information. Mixbook reserves the right, at any time, to change its prices and billing methods for books and
other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Mixbook Credit
Any credit issued to you by Mixbook has no cash value and is not exchangeable as cash. Mixbook credit may be redeemed towards future
purchases using your Mixbook account, and your Mixbook credit will be automatically applied in the checkout process. You can view your
Mixbook credit under your My Account section. Mixbook credit is valid for 1 year from the date of last purchase, or if the user has not
purchased, from the date of registration as a Mixbook user. If your Mixbook credit expires, it will be removed from your Mixbook account.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders
and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges
were incurred. Fees charged for goods and services may change at any time without advanced notice. Mixbook may automatically charge and
withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order
books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with
the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Mixbook has
no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and
services you order and you shall comply with all laws and regulations of the destination country.
Disputes
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that
statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Mixbook Customer Service, 2306
Zanker Road, San Jose, CA 95131, or via Mixbook’s online support form.
Returns
All sales are subject to Mixbook’s then-current return policies, as posted on the Returns page.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you
upon our delivery to the carrier.
Password and Account Security
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of
your password. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for
all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact
us at support@mixbook.com.
Member Conduct
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind
submitted by your or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to
copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material.
You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or
other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to
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3. Mixbook | Terms of Use
use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any
unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the
Service to:
upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful,
threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise
objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
intimidate or harass another; or
use or attempt to use another's account, service or system without authorization from Mixbook, or create a false identity on this
Service.
Proprietary Rights in Content on the Service
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content")
and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the
property of Mixbook or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mixbook's prior
written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet,
Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly
prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Mixbook or its licensors and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of Mixbook under a separate agreement.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or
display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You
understand and agree that Mixbook may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment
of Mixbook violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to
Mixbook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy,
perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare
derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the
foregoing.
Copyright Policy
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any
material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) 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 the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
on the Service;
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4. Mixbook | Terms of Use
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email
address;
(v) A statement that the owner or agent 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims
Mixbook
2306 Zanker Road
San Jose, CA 95131
email: copyright@mixbook.com
Telephone: (408) 955-9151
Links to Other Web Sites
The Service contains links to other web sites. Mixbook is not responsible for the content, accuracy or opinions expressed in such web sites,
and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the
Service does not imply approval or endorsement of the linked web site by Mixbook. If you decide to access these third-party web sites, you
do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other Mixbook Members. Mixbook reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Privacy
Mixbook cares about the privacy of its Members. View Our Privacy Policy, which is incorporated into this Terms of Use.
Disclaimers
Mixbook is not responsible for any Member Content, including Member Content that violates this Terms of Use or is offensive, incorrect or
inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with
or utilized in the Service. Mixbook is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You
understand that the Service may be temporarily unavailable from time to time. MIXBOOK DOES NOT ENDORSE, GUARANTEE, REPRESENT OR
WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. Mixbook assumes no
responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Mixbook is not responsible for any
problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination
thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or
downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will Mixbook be
responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the
SERVICE or transmitted to Members, or any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE
CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MIXBOOK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. MIXBOOK.COM CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC
RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MIXBOOK BE LIABLE TO YOU OR ANY THIRD PERSON FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS,
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5. Mixbook | Terms of Use
ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF MIXBOOK HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXBOOK’S LIABILITY TO
YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO MIXBOOK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Governing Law and Venue
The Terms of Use and any dispute about or involving the Service will be governed by the laws of the State of California without regard to its
conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Santa Clara
County, California and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to
the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold Mixbook, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in
violation of this Agreement or your violation of any law or the rights of a third party.
Other
These Terms of Use constitute the entire agreement between you and Mixbook regarding the use of the Service, superseding any prior
agreements between you and Mixbook relating to your use of the Service. The failure of Mixbook to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. Mixbook may assign its rights under this Agreement to any third party without notice
or consent. By using the Service, you consent to us contacting you via email or other electronic means. To opt out receiving electronic
communications, mail us at Opt-Out, Mixbook Customer Service, 2306 Zanker Road, San Jose, CA 95131.
Questions
Please visit our Help page for more information.
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