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T E R M S    OF   SERVICE

Last updated 10/28/2021

Welcome to Mixxi!

These terms and conditions outline the rules and regulations for the use of Mixxi's Website, located at http://www.mixxi.app.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. 

By accessing or using Mixxi’s services, you agree to be bound by these terms, including our Privacy and Cookies Policy so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.

By accessing or using our Services on www.mixxi.app (the “Website”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your use of our Services is also subject to the Privacy and Cookie Policies, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Mixxi (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.

1. YOUR RESPONSIBILITIES

By using our Services, you represent and warrant that:

  1. You are at least 18 years old;

  2. You are legally qualified to enter a binding contract with Mixxi;

  3. You are seeking a meaningful relationship.

  4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

  5. You are not on any list of individuals prohibited from conducting business with the United States;

  6. You are not prohibited by law from using our services;

  7. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;

  8. You are not required to register as a sex offender with any state, federal or local sex offender registry;

  9. You do not have more than one account on our Services; and

  10. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

  11. If at any time you cease to meet these requirements, you must immediately notify us, and we retain the right to remove your access to our services without warning.

You agree to:

• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;

• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

• Use the latest version of the Website and/or App;

• Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;

• Be respectful when communicating with any of our customer care representatives or other employees;

• Review the Safety Tips

• Allow Mixxi to track your location after tracking permission is granted.

• Present yourself respectfully and authentically by adding at least one photo that shows your face.

You agree that you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

• Use the Services in a way that damages the Services or prevents their use by other users;

• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

• Use our Services for any harmful, illegal, or nefarious purpose;

• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

• Post or share Prohibited Content (see below);

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

• Violate the terms of the license granted to you by Mixxi (see Section 6 below).

• Disclose private or proprietary information that you do not have the right to disclose;

• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Mixxi’s prior written consent;

• Express or imply that any statements you make are endorsed by Mixxi;

• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

• Upload viruses or other malicious code or otherwise compromise the security of our Services;

• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

• “Frame” or “mirror” any part of our Services without Mixxi’s prior written authorization;

• Use meta tags or code or other devices containing any reference to Mixxi or the platform (or any trademark, trade name, service mark, logo or slogan of Mixxi) to direct any person to any other website for any purpose;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

• Use, access, or publish the Mixxi application / website programming interface without our written consent;

• Probe, scan or test the vulnerability of our Services or any system or network; or

• Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content—Mixxi prohibits uploading or sharing content that:

• Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;

• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

• Is defamatory, libelous, or untrue;

• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

• Involves the transmission of “junk” mail or “spam”;

• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mixxi or otherwise;

• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

• Was not written by you or was automatically generated, unless expressly authorized by Mixxi;

• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;

• Is inconsistent with the intended use of the Services; or

• May harm the reputation of Mixxi or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

  1. CONTENT

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Mixxi provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

2a. YOUR CONTENT

You are responsible for your content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for your content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content.

You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing your content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

2b. MEMBER CONTENT

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

2c. OUR CONTENT

Mixxi owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

3. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

Mixxi does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful Mixxi  community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email Mixxi Customer Service at hello@mixxi.app

Event Code of Conduct & Anti-Harassment Policy 

 

Mixxi, LLC. is dedicated to providing a harassment-free and inclusive event experience for everyone regardless of gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category. We do not tolerate harassment of event participants in any form. Mixxi, LLC. takes violations of our policy seriously and will respond appropriately.

All participants of Mixxi, LLC. events must abide by the following policy:

  1. Be excellent to each other. We want the event to be an excellent experience for everyone regardless of gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category. Treat everyone with respect. Participate while acknowledging that everyone deserves to be here -- and each of us has the right to enjoy our experience without fear of harassment, discrimination, or condescension, whether blatant or via micro-aggressions. Jokes shouldn’t demean others. Consider what you are saying and how it would feel if it were said to or about you.

  2. Speak up if you see or hear something. Harassment is not tolerated, and you are empowered to politely engage when you or others are disrespected. The person making you feel uncomfortable may not be aware of what they are doing, and politely bringing their behavior to their attention is encouraged. If a participant engages in harassing or uncomfortable behavior, the event organizers may take any action they deem appropriate, including warning or expelling the offender from the event with no refund. If you are being harassed or feel uncomfortable, notice that someone else is being harassed, or have any other concerns, please contact a member of the event staff immediately.

  3. Harassment is not tolerated. Harassment includes, but is not limited to: verbal language that reinforces social structures of domination related to gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, ethnicity, nationality, race, age, religion, or other protected category; sexual imagery in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other events; offensive verbal language; inappropriate physical contact; and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately.

  4. Smoking is prohibited 20 feet at Mixxi Events.

This policy extends to all Mixxi Events hosted by Mixxi or affiliates and partners, as well as on Mixxi VIP Mingle online forum, social media, all attendees, partners, sponsors, volunteers, event staff, etc. Mixxi LLC. reserves the right to refuse admittance to, or remove any person from, any Mixxi LLC. hosted events (including Mixxi, LLC. events) at any time in its sole discretion. This includes, but is not limited to, attendees behaving in a disorderly manner or failing to comply with this policy, and the terms and conditions herein. If a participant engages in harassing or uncomfortable behavior, the event organizers may take any action they deem appropriate, including warning or expelling the offender from the event with no refund.

Our event staff can usually be identified by special badges/attire. Our zero tolerance policy means that we will look into and review every allegation of violation of our Event Community Guidelines and Anti-Harassment Policy and respond appropriately. Please note, while we take all concerns raised seriously, we will use our discretion as to determining when and how to follow up on reported incidents, and may decline to take any further action and/or may direct the participant to other resources for resolution.

Event staff will be happy to help participants contact hotel/venue security or local law enforcement, provide escorts, or otherwise assist those experiencing discomfort or harassment to feel safe for the duration of the event. We value your attendance.

Exhibiting partners, sponsors or vendor booths, or similar activities are also subject to this policy. In particular, exhibitors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment. Participants and exhibiting partners or sponsors disobeying this policy will be notified and are expected to stop any offending behavior immediately.

Release of Liability for Participation in Event or Activity

In exchange for participation in all Mixxi events, organized by Mixxi, LLC located at 1423 Broadway #308 Oakland, CA 94612 (“Releasee”), the participant (“I”, “my”, “me”) hereby agree as follows: 

 

  1. I and anyone claiming on my behalf release and forever discharge Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from causes of action of any nature and kind, known or unknown, which I may have against Releasee or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”).

  2. I understand that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death, and I assume all related risks and voluntarily participate in the Activity.

  3. I agree to indemnify Releasee against any and all claims, actions, lawsuits, damages and judgments, including attorney’s fees, arising out of or relating to my participation in the Activity. 

  4. This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee. 

  5. This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. I have the authority to release the Claims and have not assigned or transferred any Claims to any other party. The provisions of this Release are severable.  If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State of California.

  6. I agree to indemnify and hold Releasee harmless against any and all claims of loss or damage, including damage to Releasee property caused by me.

  7. I knowingly and fully assume all such risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for my participation.

  8. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

  9. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Mixxi, LLC, its members, officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (Releasees), from any and all claims, demands, losses, and liability arising out of or related to any injury, disability, or death I may suffer, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.

  10. I have carefully read and fully understand all the provisions of this Release and am freely, knowingly and voluntarily entering into this Release. 

PHOTO AND VIDEO RELEASE FORM

In exchange for participation in all Mixxi events and services, organized by Mixxi, LLC located at 1423 Broadway #308 Oakland, CA 94612 (“Releasee”), the participant (“I”, “my”, “me”) hereby agree as follows: 

 

A. I consent and authorize the Releasee, located to use my likeness in any photograph, video or other digital media (“Photos”) taken or to be taken at Mixxi events and services in any and all of its publications, including print or web-based publications. 

 

B. I irrevocably authorize Releasee to copy, edit, enhance, crop, or otherwise alter any Photo for use in their publications. I also waive any rights for approval or inspection of any Photos. 

 

C. I understand and agree that all Photos are the property of the Releasee, and will not be returned to me.

 

D. I acknowledge that I am not entitled to any compensation or royalties with respect to the use of the Photos.

 

E. I agree to release and forever discharge the Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them, in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature or kind, known or unknown, which I, and anyone claiming on behalf of me, may have or claim to have against Releasee in connection with this Release.

 

F. I have carefully read and fully understand all the provisions of this Photo Release Form and am freely, knowingly and voluntarily in agreement

COVID-19 Liability Policy

Mixxi shall not be liable for an injury or illness to a person due to coronavirus (COVID-19) based on a claim that the person contracted COVID-19 while at Mixxi events, or due to the actions of Mixxi, whether direct or indirect.