Terms & Conditions.
Terms & Conditions.
Terms of Service (“Terms”) govern your access to and use of our services,
including our various websites, SMS, APIs, email notifications, applications,
buttons, widgets, ads, commerce services, and our other covered services.
(https://help.mixtell.com/en/rules-and-policies) that link to these Terms
(collectively, the “Services”), and any information, text, links, graphics,
photos, audio, videos, or other materials or arrangements of materials uploaded,
downloaded or appearing on the Services (collectively referred to as
“Content”). By using the Services you agree to be bound by these Terms.
Who May Use the Services?
• 2. Terms - Privacy.
• 3. Content on the services.
• 4. Using the Services.
• 5. Disclaimers and limitations of Liability.
• 6. General click here For More Detail from 1 to 6, and other.
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MiXTELL, LLC (“MiXTELL”, “we” or “our”) has prepared this Terms of Service to govern your use of our websites and mobile applications, or other online services (collectively, the “Service” or “Services”). This Terms of Service is a legal agreement (“Agreement”) between you and MiXTELL, so it is important that you review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms, which include the Discussion and Submission Guidelines. If you do not agree to, or cannot comply with the Terms of this Agreement, please do not use the Services.
Changes to these terms.
We may, from time to time, change this Agreement. We will post a copy of the changed Agreement on our websites . Your continued use of the Services constitutes your agreement to abide by this Agreement as changed. Any breach of this Agreement may result in termination of your access to the Services, without notice, in addition to the other remedies available to MiXTELL.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Service, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by MiXTELL and its affiliates, licensors or suppliers (excluding any “User Content,” as defined below, which may be owned by others). The Service is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws.
Use of the services.
You are required to comply with all applicable laws (including intellectual property laws) in connection with your access to and use of the Service and any other limitations as may be described in any notice from MiXTELL. As a condition of your access and use of the Service, you agree that you will not use the Service for any purpose that is unlawful or inconsistent with the terms of this Agreement and any other applicable notice.
Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service.
You may use the Content online only, and solely for your personal, non-commercial use and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction methods.
Requests to use the Content for any purposes other than as permitted in this Agreement should be directed to Email@mixtell.com. In certain cases, you may be able to obtain a license to use individual stories that appear on the Service through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will provide the license information or a link on the Content itself. If you do not see such license information or link, you should assume you do not have permission to use the Content.
Third-Party Contents, Links to Third-Party Websites and Search Results.
The Services may provide links to or automatically produce search results for third-party websites or resources or third-party information referencing or linking to third-party websites or resources. We have no control over such third-party websites and resources, and you acknowledge and agree that we are not responsible for the Content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party websites and resources is accurate, legal, non-infringing or inoffensive. We do not endorse the Content or information of any third-party website or resource and, further, we do not warrant that such websites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party website, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Service to obtain search results or to link to a third-party website.
Protecting Copyrights and other Intellectual Property.
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.
1. The Services (including, but not limited to, text, photographs, graphics, video and audio content) are protected by the copyright laws of the United States and other countries. Except as provided elsewhere in these Terms, all components of the Services (including individual articles, content, and other elements comprising the Service) are also copyrighted works. You must abide by all copyright notices or restrictions contained in the Services.
All rights in the product names, company names, trade names, logos, product packaging, and designs of MiXTELL, MiXTELL affiliates, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MiXTELL or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of MiXTELL, its affiliates, or any third party.
3. Use of Authorized Interface.
The Services have been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Services when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Services. Without limiting the provisions of this section, neither you nor any third party shall make use of the Content of the Services in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
4. Copyright Infringement Claims.
Just as MiXTELL requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. When we become aware of allegations of copyright infringement in material distributed on the Services, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges. If you believe in good faith that your copyrighted work has been reproduced on the Service without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Email@Mixtell.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services.
Interactive Areas of the Services.
The Readers' Opinions, feedback, comment on an article, community calendars, and other interactive areas of the Services are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ - judgment and opinion are subjective - and we encourage free speech and the exchange of ideas. But, by using these areas of the Services, you are participating in a community that is intended for all of our users.
Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Services, at our sole and absolute discretion, without notice to the person who submitted such User Content.
You may be held liable for any illegal or prohibited User Content made accessible on or through the Services or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Services is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Services any User Content that:
• Is unlawful, harmful, threatening, tortuous, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
• Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
• Is or could be harmful to minors;
• Harasses or advocates harassment of another person;
• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
• Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
• Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
• Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
• Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
• Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by MiXTELL or any other party;
• Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
• Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Services:
• Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
• Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Services;
• Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
• Post or transmit any Content that you do not have the right to post or transmit;
• Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
• Disrupt the ordinary flow and operation of any portion of the Services, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
• Interfere with or disrupt the Services or any server or network involved with the operation of the Services;
• Stalk or harass any other person; or
• Collect or “harvest” from the Services the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Services, please notify us at Email@mixtell.com. We do not support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Services and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using interactive areas of the Services. We particularly discourage divulging personal information when you participate in interactive areas of the Services. You do so at your own risk.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Services. Any such statements are the views and responsibilities of those who posted them, and do not necessarily represent our views. You agree that we are not responsible, and shall have no liability to you whatsoever, with respect to any such statements.
Discussion And Submission Guidelines.
The Services allow you to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form. You represent that you have read and agree to abide by the Discussion and Submission Guidelines, which are incorporated by reference into these Terms, and that by making a submission you are consenting to its display and publication on the Services and in related online and offline promotional materials, in accordance with the guidelines. We may change or modify those guidelines at any time.
By posting content on, to, or through the Services, you give us the right to display such content on the Services and through affiliated publications and to distribute such content and use such content for promotional and marketing purposes, pursuant to the terms of the Discussion and Submission Guidelines. Specifically, you provide us with a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
• Post content that is prohibited by or otherwise not in compliance with these Terms (including the Discussion and Submission Guidelines).
• Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
• Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
• Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized. You may download material from the Services solely for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.
• Distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
• Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party web browsers.
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services
• Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
• Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
Charges for Services.
We may charge for access to portions of the Services or to the Services as a whole, and we reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Services. In such event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Service(s). More information about any such subscriptions can be found on the appropriate locations of the Services. You shall pay all applicable taxes relating to use of the services, and recognize that any fees to third parties that may be required for you to receive the service (such as mobile data plans and text-message charges) are not included in the cost of the services.
Transactions and E-Commerce.
During your visit to our websites and use of our Services you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and Services. Credit card transactions and order fulfillment are often handled by a third party processing agent such as Paypal, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. MiXTELL cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree MiXTELL is not responsible for such errors or discrepancies.
Disclaimer of Warranties – Limitation of Liability.
Although we try to provide accurate information on the Services, the materials may contain inaccuracies, errors and typographical errors. MiXTELL and its affiliates do not warrant the accuracy or completeness of the Content contained on the Services. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICES, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND MIXTELL AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICES. MIXTELL AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICES. MIXTELL AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIXTELL AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIXTELL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MIXTELL AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICES; (2) MIXTELL OR ITS AFFILIATES’ USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Services, your ability to access the Services, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that MiXTELL and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
MiXTELL may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires MiXTELL or any of its assets.
The Terms of Service in this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to MiXTELL must be filed in a federal or state court located in Orange County, California.
The Services is controlled, operated and administered by MiXTELL from within the United States. We make no representation or warranty that the Content available on the Services is appropriate or available for use at other locations outside of the United States. If you use the Services in a jurisdiction that prohibits or restricts the use of the Services, you agree that your use of the Services will be at your own risk, without limitation of any other provision of this Agreement, and that MiXTELL and its affiliates shall not have any liability with respect to such use. Software from these Services may be subject to United States export controls. You may not use the Services or export software from these Services in violation of United States export laws and regulations.
Supplemental Terms . In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
No Waiver. The failure of The Washington Post to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership . You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Washington Post as a result of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, this Terms of Service is the complete and entire Agreement between you and MiXTELL and supersedes any prior Agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of MiXTELL to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.
BY CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO ABIDE BY THESE TERMS OF SERVICE.