This policy is effective May 21, 2010.
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your membership at any time, for any reason by following the instructions on the My Account page. Mixbook may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Mixbook information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Mixbook will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
You acknowledge that Mixbook reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting such policy on the Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the Service.
To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order books or any other products hereunder, including all of the following:
Mixbook does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Mixbook invoices the credit card for all amounts due and payable. By providing Mixbook with your credit card number and associated payment information, you agree that Mixbook is authorized to immediately invoice your account for all fees and charges due and payable to Mixbook as a result of your purchase of any books or other products. You agree to immediately notify Mixbook of any change in the credit card used for payment hereunder or in any associated information. Mixbook reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Any credit issued to you by Mixbook has no cash value and is not exchangeable as cash. Mixbook credit may be redeemed towards future purchases using your Mixbook account, and your Mixbook credit will be automatically applied in the checkout process. You can view your Mixbook credit under your My Account section. Mixbook credit is valid for 1 year from the date of last purchase, or if the user has not purchased, from the date of registration as a Mixbook user. If your Mixbook credit expires, it will be removed from your Mixbook account.
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. Mixbook may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Mixbook has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Mixbook Customer Service, 409 Sherman Ave., Palo Alto, CA 94306.
All sales are subject to Mixbook’s then-current return policies, as posted on the Returns page.
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at firstname.lastname@example.org.
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by your or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Mixbook or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mixbook's prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Mixbook or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mixbook under a separate agreement.
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Mixbook may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Mixbook violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Mixbook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
409 Sherman Ave.
Palo Alto, CA 94306
Telephone: (408) 955-9151
The Service contains links to other web sites. Mixbook is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Mixbook. If you decide to access these third-party web sites, you do so at your own risk.
You are solely responsible for your interactions with other Mixbook Members. Mixbook reserves the right, but has no obligation, to monitor disputes between you and other Members.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MIXBOOK BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF MIXBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXBOOK’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIXBOOK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold Mixbook, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
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