Acceptance of Terms

Mix Revolution, Inc. provides the service to you (“you” or “Member”,) subject to the following Terms of Service (“TOS”,) which may be updated by us from time to time without notice to you.  You can review our most current version of the TOS at any time at : http://www.mixrevolution.com/terms.asp .  Mix Revolution, Inc. may change, suspend, or discontinue the Service at any time without prior notice to its Members.  Mix Revolution, Inc. may also impose certain limits on certain features of services contained in the Service without prior notice.  Members who violate the Terms of Service may also be permanently banned from using the Service. 

Please read the Terms of Service carefully.  Entering Mix Revolution, Inc.’s website will constitute the acceptance of the terms and conditions of this agreement.  If you do not agree or abide by these terms, please DO NOT ENTER MixRevolution.Com.

Mix Revolution, Inc. also reserves the right to change, modify, add or remove portions of the Terms of Service at any time, in its sole discretion.  If you continue to use the Service after Mix Revolution, Inc. has posted changes to the Terms of Service, it means you have accepted those changed terms.

Registration Information

When registering your Member profile, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form and (b) update the Registration information to keep it true, accurate, current, and complete.  If you provide any information that is false, inaccurate, not current, or incomplete, or Mix Revolution, Inc. has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete Mix Revolution, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof.)  You also understand and agree that the service may include certain communications from Mix Revolution, Inc., such as service announcements administrative messages, and Newsletters, and that these communications are considered part of MixRevolution.Com membership and you will not be able to opt out of receiving them.

Privacy Policy

Mix Revolution, Inc. encourages participation and interactivity between members with the assurance of trust, privacy, and freedom of expression. 

Mix Revolution, Inc. believes in the freedom of expression from their members, but also believes in all members feeling secure. 

The following Privacy Policy demonstrates our intent and commitment to protect Members’ rights online.

• Profile information will be used to create personalized content, service, and advertise on the Service.  Mix Revolution, Inc. may also use your profile to generate aggregate reports and market research. 
• All profile data stored by the Service has been entered solely by the respective member. 
• Members can modify registration data associated with their account, and can control selected private information from being disclosed on their member page. 
• Communication transcripts of message boards are not retained
• E-mail communications are only accessible by the designated recipients, except that Mix Revolution, Inc. personnel involved in maintenance of the system may have access to the Service mail communications. 

Personally identifying information, or personal information, includes your name, home address, email address, or any other information that tells another person who you are.  When you register as a Member, we ask for some personal information such as your email address and mailing address. 

Our policy regarding this information is simple: Except as provided in this statement, Mix Revolution, Inc. may use this information to send you offers and information we think you would be interested in from Mix Revolution, Inc. and it’s partners but not without your explicit permission.  We make an effort to include a link to this Privacy Policy wherever we ask you for personal information. 

We also collect other information at registration such as your birthday, city where you live, hobbies, and interests. This information cannot be used to identify you. We place this information in your Member profile, which is publicly available so that other Members who share your interests can connect with you.

Other companies also may sponsor promotions, contests and sweepstakes running on the Service. These companies may choose to collect personal information from you. If you don't want your information collected by these sponsors, you can decide not to participate in the promotion, contest or sweepstakes. You should be aware that our advertisers or Web sites that have links on the Service may collect personally identifiable information about you. This privacy statement does not address the information practices of those Web sites or advertisers.

If you voluntarily disclose personal information on forums, through email,  that information can be collected and used by others.  If you post personal information in public places, others may send you unsolicited email messages.  We are not responsible for your actions. 

We may disclose Member information when we are required to by law, or when we have reason to believe that someone is causing injury to or interference with our rights or property, other Service Members, or anyone else that could be harmed by such activities. 

Your Member profile is password-protected so that you and only you have access to this information. In order to maintain this protection, do not give your password to anyone. Also, we recommend that, if you share your computer with other people, you sign out of your Account and close your browser window when you are done. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library.

We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

Copyright Regulations

Everything you see, read, or hear on MixRevolution.Com website is owned by us or used with permission.  You may not copy, use, or retransmit anything from MixRevolution.com or the Services without our express written consent.  Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use.  Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and may subject you to civil or criminal penalties.

Mix Revolution, Inc.  respects the intellectual property of others, and we ask our users to do the same.  Mix Revolution, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mix Revolution Inc.’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you are seeking permission to use MixRevolution.com trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact info@mixrevolution.com, not the copyright agent.

MixRevolution.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Mix Revolution, Inc.

7020 Lanewood Avenue, #212             
Los Angeles, CA 90028

By email:
info@mixrevolution.com

Content and Conduct

Software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service by Members may not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members, and must comply with Mix Revolution, Inc.’s Netiquette Rules.

By transmitting, posting, linking or uploading Content to any part of the Service, you represent and warrant that neither your content nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.

You hereby grant to Mix Revolution, Inc. a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

You acknowledge that by providing you with the ability to distribute your Content, the Service is acting as a passive conduit for such distribution and Mix Revolution, Inc. is not undertaking any obligation or liability relating to any Content or activities of its Members. MixRevolution, Inc. cannot prevent Members from placing prohibited content on the Service. Furthermore, MixRevolution, Inc. may elect at its sole discretion to monitor some, all, or no areas of the Service for adherence to these terms of service or other terms and conditions that may be published by MixRevolution, Inc. from time to time. Upon notification of inappropriate material, MixRevolution, Inc. reserves the right, but not the responsibility to remove the Content from the Service. MixRevolution, Inc. further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.

You and any person who have access to the Service must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content posted by you to the Service. Mix Revolution, Inc. does not pre-screen Content as a matter of policy, but Mix Revolution, Inc. reserves the right, but not the responsibility, to remove Content which is deemed in Mix Revolution, Inc.’s sole discretion harmful, offensive, inaccurate or otherwise in violation of the Terms of Service or any rules or policies Mix Revolution, Inc. has in place at the time.

Mix Revolution, Inc. may terminate your access to the Service at any time for any reason. Once your access to the Service is terminated, you cannot engage in the Service in any manner or for any reason without the express written consent of Mix Revolution, Inc., and you cannot assist in enabling a terminated member access to the Service via your Account.

NETIQUETTE

You are entirely responsible and liable for all of your activities on MixRevolution.Com. Listed below are some, but not all, violations that may result in termination of your access to MixRevolution.com. By using MixRevolution.Com, you agree NOT to do any of the following:

1. Post, transmit, promote, or distribute content that is illegal, that encourages illegal activity, or that infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party.

2. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, defamatory, or objectionable in a reasonable person's view.

3. Pretend to be anyone whom you are not. You may not impersonate another member, a Mix Revolution, Inc. staff member, or anyone else.

4. Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.

5. Post any unsolicited advertising, promotional materials, or any other forms of solicitation.

Pornography, obscenities, and defamatory postings are not allowed anywhere on MixRevolution.Com. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please Alert Us immediately.

Postings which violate the intellectual property rights of third parties are not allowed anywhere on MixRevolution.Com. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any content which you believe infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party, please Alert Us immediately by emailing info@mixrevolution.com.

Usernames that contain obscene words, derogatory or racist remarks, or references to sexual acts or sexual anatomy are not allowed on MixRevolution.Com. Usernames of this kind will be deleted immediately upon discovery. If you see a Username that contains obscene, racist or derogatory references, please Alert Us immediately.

In the Message board area, please try to keep your postings relevant to the discussion. Postings that are irrelevant to Board discussions, or that are designed to promote personal pages, voting polls, or third parties may be removed. If you see postings that contain foul language or that are intended to harass other Members, please Alert Us immediately.

Intentional disruption of the flow of content or discussion by repeatedly posting the same message or image or posting excessively large images is not permitted. Members who cause disruption of this kind will be issued a violation that can result in the termination of their account. If you see another Member disrupting a message board discussion, please Alert Us immediately.

Harassment of another MixRevolution.Com member via Private Messages, Message Boards, or postings is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other Members, please respect their wishes if they do not want you to send them mail. If you feel that another Member is harassing you, please Alert Us by filling out a member violation report.

Please remember that not everyone likes being put on a Friend's list. Please comply with a Member's wishes if they request to be removed from your Friend's list. As a Member, you have the right to refuse being saved to someone else's Friend's list. If another Member refuses to remove you from their Friend's list, please Alert Us and we will remove your name for you.

We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.

We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material posted by Members that you may encounter while using the Service.

General

These Terms of Service constitute the entire understanding of you and Mix Revolution, Inc. with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.

Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Mix Revolution, Inc.

The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and Mix Revolution, Inc. as reflected in the original provision.

Any delay or failure on the part of Mix Revolution, Inc. to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

You indemnify and hold harmless Mix Revolution, Inc. , and the officers, directors, employees, partners, principals, agents and representatives of Mix Revolution, Inc. from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Service.

All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.

The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You and Mix Revolution, Inc. consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County for resolution of any and all disputes arising out of or related to the Terms of Service.

Limitation of Liability

To the full extent permissible under the applicable law, Mix Revolution, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Service.

In no event shall Mix Revolution, Inc. have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, Mix Revolution, Inc.’s liability is limited to the greatest extent permitted by law.

The Service contains links to third-party World Wide Web sites and other resources. Mix Revolution, Inc. assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a member may have regarding any other site should be directed to the relevant site administrator or Webmaster.

The information, advice, facts, opinions or other content appearing on the Service posted by Members or third parties are those of the respective authors and do not reflect the views of Mix Revolution, Inc.. Mix Revolution, Inc. assumes no responsibility or liability for these materials.

Disclaimer of Warranties

Everything on the Service is provided to you "AS IS" and "AS AVAILABLE." Mix Revolution, Inc. does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Service, any products, merchandise, information or services provided through or advertised on the Service, or the accuracy or results obtained from the use of any products, merchandise, or information or services provided through or advertised on the Service. Mix Revolution, Inc. does not guarantee or warrant that any files available for downloading through the Service will be free of infection by viruses or other code that may contain contaminating or destructive properties.

Links to Third-Party Sites

Any third-party sites to which the Service may link are not under MixRevolution Inc.'s control, and Mix Revolution, Inc. does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Mix Revolution, Inc. does not intend links contained on the Service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

Cookies

In our effort to provide you services customized to your interests, we use cookies to keep and sometimes track information about you. A cookie is a small piece of data that is sent to your browser from a Web server and stored on your computer's hard drive. We use cookies to: access your account information (stored on our computers) in order to deliver better and more personalized services; estimate our audience size for our advertisers; track the number of entries in our promotions, sweepstakes and contests; identify which areas of the Service you have visited. You should also be aware that companies that advertise on the Service might use their own cookies. This privacy policy does not cover how these companies use their cookies.

Age Restriction

The Service is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13.

This restriction will be posted at points of data collection within the Service, such as registration for services.

Note to Parents: If you have any concerns about the Service or its related services, wish to find out if your child is a member of one of our services, or wish to cancel your child's membership, please contact info@mixrevolution.com

Fees and Costs

You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Service, including costs incurred in connecting to the Service via the Internet. Mix Revolution, Inc. reserves the right, at any time, to charge fees for access to the Service, and will notify you of any such fees by posting information regarding such fees on the Service.