Terms & Conditions.
Terms & Conditions.
These
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.
• 1.
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.
Ownership.
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.
Privacy.
By using the Services, you indicate that you understand the information
collection, use, and disclosure practices described in the Privacy Policy.
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.
2. Trademark.
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.
User Content.
Any comments, posts, feedback, notes, messages, images, audio, materials,
ideas, suggestions or other communications you submit on or through the
Services (collectively “User Content”) are not private. By submitting User
Content on or through the Services, you grant MiXTELL and its affiliates an
irrevocable, royalty-free, worldwide, perpetual right and license to use, copy,
modify, display, archive, store, distribute, reproduce and create derivative
works based upon such User Content, in any form, media, software or technology
of any kind now existing or developed in the future. By submitting such User
Content on or through the Services, you are confirming that (a) you are the
sole author of the User Content and the User Content is original with you and
not copied in whole or in part from any other work; (b) you have obtained all
necessary permissions associated with the User Content, including without
limitation permissions relating to copyrights, trademarks, rights of publicity
and/or rights of privacy; and (c) the User Content is not libelous, obscene or
otherwise in violation of this Agreement. By submitting any such User Content
on or through the Services, you grant MiXTELL and its affiliates permission to
use your name and any other information (as provided by you) to attribute such
User Content to you. Without limiting the generality of the previous sentence,
and subject to our Privacy Policy, you authorize MiXTELL and its affiliates to
share the User Content across all affiliated Web sites, and to use your name
and any other information in connection with its use of such User Content. You
also grant MiXTELL and its affiliates the right to use any material,
information, ideas, concepts, know-how or techniques contained in such User
Content for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using or inspired by such User Content. We
are not responsible for the similarity of any of our Content or programming in
any media to User Content submitted by you. All rights granted in this section
are granted without the need for additional compensation of any sort to you.
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.
Prohibited Conduct.
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.
Indemnification.
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.
Termination.
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.
Assignment.
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.
Jurisdiction.
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.
Miscellaneous Provisions.
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.