This product is patented, and subject to patent protection. Please see www.mixbookpatents.com for more information. If you reside in the European Union or United Kingdom, please refer to the Mixbook EU & UK Terms Of Service.
Date of Last Revision: April 17, 2026
Interactive Memories, Inc. (together with its corporate affiliates, “Mixbook,” “we,” “us,” “our”) provides its online, collaborative publishing and other services to you through its website located at www.mixbook.com (the “Site”), its mobile application (the “App” or “Mixbook App”), and through its related services (collectively, such services, including any new features and applications, the Site and the App, the “Service(s)”), subject to these Terms of Service (“Terms of Service” or “Agreement”). By accessing or using the Service, you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service and whether or not you submit any content, text, information, photos, video, audio, images or graphics through the Service (collectively the "Member Content"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the changes to these Terms of Service on our Site and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IN PARTICULAR, THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MIXBOOK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time (“Additional Terms”). All such Additional Terms that relate to features you use are hereby incorporated by reference into these Terms of Service. If you do not accept those Additional Terms, you must not use the feature to which they relate.
The Service is not intended for use by children without the supervision of a parent or guardian. By using the Service, you represent and warrant that you are at least eighteen (18) years old or the age of majority in your jurisdiction. Anyone under this age must use an account created by a parent or guardian, and must have the explicit permission of a parent or guardian to use the Service. If you are using the Service on behalf of an entity or organization (such as an employer or a school), you represent and warrant that you are authorized to act on behalf of that entity or organization, including to agree to and comply with these Terms of Service and submit and pay for orders via 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 contacting support@mixbook.com. 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.
Mixbook reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mixbook will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that Mixbook may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other Content will be retained by the Service and the maximum storage space that will be allotted on Mixbook’s or its third-party service providers’ servers on your behalf. You agree that Mixbook has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. The Service is not designed for long-term archival or backup unless such functionality is otherwise expressly offered via the Service. You must maintain your own copies of all your Member Content. You acknowledge that Mixbook reserves the right to change these general practices and limits at any time, in its sole discretion, provided that Mixbook will provide notice to you if any material changes are made.
Certain features allow creation or joining of shared spaces (“Connections”), or the ability to share your Member Content with other people on or via the Service. When you share Member Content with Connections or another individual, you grant the then-current Connections or individual a non-exclusive license to view, play and display that Member Content. If you later leave a Connection, or unshare Member Content with an individual, they will no longer be able to see your Member Content within the Service.
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 or services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction and must provide a valid payment method that is accepted by us. For example, if you pay by credit card, 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:
You represent and warrant to Mixbook that such information is true and that you are authorized to use the payment instrument. Mixbook does not accept cash or checks. The list of currently accepted payment methods will be provided to you at checkout, and we reserve the right to change this list of accepted payment methods in the future. Your agreement with your credit card issuer or other payment account governs your use of your designated payment method, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as an account holder. By providing Mixbook with your payment information, you agree that Mixbook is authorized to immediately charge that payment method (or have its Payment Processors (as defined below) do so) 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 or the Payment Processors, as applicable, of any change in the payment method 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. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
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.
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, custom or value-added taxes) at the rates in effect when the charges were incurred. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Mixbook (through its Payment Processors) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. Fees charged for goods and services may change at any time without advance notice. Mixbook may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions where Mixbook deems such fees and charges are 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.
Notwithstanding any amounts owed to Mixbook hereunder, MIXBOOK DOES NOT PROCESS PAYMENT FOR ANY SERVICES.
If you purchase a subscription to any feature of the Service through Apple’s in-app purchase system (the “Apple In-App Purchase System” and such purchase, the “Apple In-App Purchases”), payment will be processed by Apple. All billing, renewals, cancellations, and refunds for subscriptions purchased via Apple In-App Purchases are handled exclusively by Apple in accordance with Apple’s terms and policies. You may manage or cancel your subscription at any time using Apple’s built-in subscription management controls. Mixbook does not have access to your payment information for Apple In-App Purchases and cannot manage, modify, or cancel such subscriptions on your behalf.
To facilitate payment for the Services via bank account, credit card, or debit card outside of Apple’s In-App Purchase System, we use Stripe, Inc. and its affiliates (“Stripe”) and PayPal Braintree and its affiliates (“Braintree”), each a third-party payment processor (Stripe, Braintree, and together with the Apple In-App Purchase System, the “Payment Processors”). These payment processing services are provided by Stripe and Braintree and are subject to their respective terms and conditions and other policies, available at (i) https://stripe.com/legal and Stripe’s Global Privacy Policy available at https://stripe.com/privacy (collectively, the “Stripe Agreements”) and (ii) https://www.paypal.com/us/legalhub/braintree/home and Braintree’s Privacy Statement available at https://www.paypal.com/us/legalhub/paypal/privacy-full?locale.x=en_US (collectively, the “Braintree Agreements”). By agreeing to these Terms of Service, Users that use the payment functions of the Service also agree to be bound by the Stripe and Braintree Agreements, as the same may be modified by Stripe and Braintree from time to time. You hereby authorize Stripe and Braintree to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe and Braintree for more information. Mixbook assumes no liability or responsibility for any payments you make through the Service.
You must notify us in writing within seven (7) days after receiving your credit card statement, or within such longer period of time as may be required under applicable law, 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, 2000 Broadway St., Redwood City, CA 94063, or to support@mixbook.com.
All sales are subject to Mixbook’s then-current return policies, as posted on the Returns page.
When you sign up to become a Member, you will be asked to choose a unique password. It is your responsibility to maintain the confidentiality of your password. You agree not to use or attempt 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 support@mixbook.com.
You understand that the Service is available for your personal, non-commercial use only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes.
You 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 the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. In addition, you agree not to use the Service to:
If you are blocked by Mixbook from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
All content on the Service, including but not limited to design, text, graphics, templates, layouts, tools, 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, except that the foregoing does not apply to your Member Content that you transmit or make available through the Service in accordance with these Terms of Service. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use in connection with your permitted use of the Service, provided that you keep all copyright or other proprietary notices intact. You may share Content with others only if and to the extent that the Service provides features for such sharing. Any other use of the Content is strictly prohibited.
In addition, the Service may offer features that generate certain Content (using artificial intelligence, proprietary algorithms and other technology) that may include certain of your Member Content, including movies, magazines, images and/or compilations that contain quotes, scripts, sequences and other creative elements ("Service-Generated Content"). Mixbook retains all ownership rights in and to Service-Generated Content (for clarity, excluding any of your Member Content included therein). You are granted a personal, non-exclusive, non-transferable, non-commercial license to view and use Service-Generated Content through the Service for your personal purposes only. Service-Generated Content that is not available for download remains accessible to you solely through the Service interface and may not be extracted, reproduced, or distributed outside the Service without Mixbook’s prior written consent.
All trademarks, logos, trade dress and service marks on the Service (collectively, the “Mixbook Trademarks”) 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. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mixbook Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Mixbook Trademarks will inure to our exclusive benefit.
The technology and software underlying the Service or distributed in connection therewith is the property of Mixbook (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Mixbook.
Under no circumstances will Mixbook be liable in any way for any Content of any third parties (including users), including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that Mixbook does not pre-screen Content, but that Mixbook and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service (including any Member Content). Without limiting the foregoing, Mixbook and its designees will have the right to remove any Content (including Member Content) that violates these Terms of Service or is deemed by Mixbook, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Service may provide access to licensed audio tracks (including royalty-free or rights-managed music) solely for use within the Service, Service-Generated Content and/or your Output (as defined below). Unless expressly permitted, you may not use such tracks (or derivatives) outside the Service, resynchronize them, or exploit them commercially. External sharing (e.g., on social platforms) may require separate music rights from rights holders.
You are solely responsible for your Member Content. You represent and warrant that no Member Content of any kind submitted by you or through your account will: (i) violates or infringes upon the safety or rights of any third party, including but not limited to any copyright, trademark, privacy or other personal or proprietary rights, or (ii) contains libelous, defamatory or otherwise unlawful, illegal, or harmful material. You understand and agree that Mixbook may, but is not obligated to, review and delete or remove or filter any Member Content that in the sole judgment of Mixbook violates this Agreement or for any other reason. Except for the rights granted in this Agreement, as between Mixbook and you, you own and retain all rights in your Member Content. You hereby grant, and you represent and warrant that you have the right to grant, Mixbook and its designees a fully paid, worldwide, non-exclusive, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable right and license to use, reproduce, and otherwise engage in any other actions with respect to your Member Content (a) for the purpose of providing the Services to you (for example, when you place an order for a book, product, digital representation of a book, short-form content or film, we will prepare, manipulate (if necessary), and transmit the Member Content for production, packaging and shipment - or, as applicable, online delivery - of such book or product), (b) to provide, develop and improve the Service and other offerings of Mixbook; and (c) as otherwise set forth in our Privacy Policy. You may opt out of our use of your Member Content to train models through your account settings. Even if you opt out, Mixbook may continue to use your Member Content for model training (1) when you provide feedback to us regarding such Member Content, or (2) when your Member Content is flagged for safety review to improve our ability to detect harmful content or enforce our policies. You also agree that Mixbook may remove metadata associated with your Member Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Member Content. You assume all risk associated with your Member Content and the transmission of your Member Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your Member Content. For purposes of illustrating clause (i) above.
You hereby consent to the use of your likeness, and you represent and warrant that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Member Content you submit to use such individual’s likeness, for purposes of using and otherwise exploiting the Member Content you submit in the manner contemplated by these Terms of Service, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Member Content.
You hereby authorize Mixbook and their third-party service providers to collect and analyze Member Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Mixbook may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Mixbook are non-confidential and Mixbook will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Mixbook may preserve Member Content and may also disclose Member Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Law, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mixbook, its users, or the public. You understand that the technical processing and transmission of the Service, including your Member Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Certain features of the Service permit you to provide prompts or other input (collectively, “Input”) in order to receive output (including transcripts) based on such Input and your Member Content that is generated by our artificial intelligence Member Content creation tools available via the Service (“Output”). For clarity, Output does not include Service-Generated Content. By using such features, you expressly consent to Mixbook and its service providers processing your Input to generate Output. You agree not to state or suggest that Output was human-generated when it is not. We claim no ownership rights in and to any Output. You are responsible for all Input and for ensuring that your Input is not designed or intended to produce Output that violates any applicable law or these Terms of Service. You must review all Output to ensure that it does not violate any applicable law or these Terms of Service, and if you believe it may then you must immediately delete such Output. Output is deemed to be part of your Member Content for purposes of these Terms of Service. You authorize Mixbook to send your Input and receive Output via service providers and agree that such service providers may log or retain information as described in any Additional Terms which relate to them. In addition, you will comply with any Applicable Terms in connection with your generation of Output.
Due to the automated content generation, Service-Generated Content and Output may not be unique across users and the Service may generate the same or similar output for you, Mixbook or a third party. Other users may also provide similar Input and receive the same or similar Service-Generated Content and Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release, acquit and forever discharge, and agree not to sue, Mixbook, or any of its employees, officers, directors or representatives, with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to Service-Generated Content or Output that is generated in such an automatic manner.
Use of the Service may in some situations result in incorrect Service-Generated Content or Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Service-Generated Content and Output as appropriate for your use case.
The Service may include the use of AI in various other ways. For example, the Service may provide AI-powered tools for use by Members in the creation, manipulation, and submission of Member Content, and we may use AI-powered chatbots to interact with you for customer support or otherwise in connection with the Service. As to any such AI features and functions of the Service (the “AI Features”), you agree that: (i) you will use each AI Feature only for the purposes for which Mixbook provides that AI Feature, (ii) while we and our vendors attempt to provide helpful and accurate results, you understand that AI Features may provide information or results that are inaccurate, unexpected, or even offensive, and (iii) you will not rely on any AI Feature to provide accurate results without separately confirming such results for yourself. Any content or information that you submit to an AI Feature constitutes Member Content and, among other things, is subject to our Privacy Policy.
Mixbook is not liable for inaccuracies in responses, technical interruptions, or decisions made based solely on interactions with AI Features. For matters requiring legal, financial, medical, or similar advice, consult appropriate professionals. If you have complex issues with the Service, those may not be suitable for AI Features, and you should request human assistance.
You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to Service-Generated Content and Output, and any other results of AI Features, due to the fact that they are automatically generated, including that (a) they may contain errors or be misleading, (b) AI systems are based on predefined rules and algorithms that can result in repetitive or formulaic content, (c) AI systems can struggle with understanding nuances, which can result in Service-Generated Content or Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Service-Generated Content or Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Service-Generated Content or Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the Service-Generated Content or Output, and (h) Service-Generated Content and Output, and any other results of AI Features, can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
You agree not to (i) attempt to circumvent model safeguards or content filters; (ii) generate or distribute deceptive, unlawful, or non-consensual impersonations (including deepfakes); (iii) remove or alter watermarks, C2PA data or other provenance/safety signals embedded in any Service-Generated Content or Output.
Certain features may offer face detection or recognition. When you consent to our collection and processing of biometric information, you authorize us and our service providers to create and use facial embeddings derived from your photos solely to provide the features to you. Features may be unavailable in some regions or disabled if laws change. We do not use facial embeddings for identity verification or marketing. To learn more, please visit our Privacy Policy.
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):
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims Mixbook 2000 Broadway St. Redwood City, CA 94063 Email: copyright@mixbook.com Telephone: +1 (855) 649-2665
If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Law, to transmit and use the content in your Member Content, you may send a written counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, Mixbook will send a copy of the counter-notice to the original complaining party informing them that Mixbook may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Mixbook or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable Law, Mixbook has adopted a policy of terminating, in appropriate circumstances and at Mixbook’s sole discretion, the accounts of users who are deemed to be repeat infringers. Mixbook may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may contain links to other websites. Mixbook is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. In addition, the Service may allow you to connect to third-party services (for example, to transmit Member Content from the third-party service to the Mixbook Service). Inclusion of any linked website or third-party service on the Service does not imply approval or endorsement of the linked website or service by Mixbook. If you decide to access these third-party websites or services, you do so at your own risk, and you may be subject to third-party terms and conditions (“Third-Party Terms”). For example, if you choose to transmit Member Content from Google Photos to the Service, you agree to Third-Party Terms such as the Google APIs Terms of Service, the current version of which is available at https://developers.google.com/terms/.
We may permit you to log in to the Service via various online third-party services, such as social media and social networking services like Google, Apple, or Facebook ("Social Networking Services"), and we may ask you to authenticate, register for or log into Social Networking Services through their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with these Terms of Service. For more information about the implications of activating these Social Networking Services and Mixbook’s use, storage and disclosure of information related to you and your use of such services within Mixbook (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Mixbook shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Mixbook is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Mixbook is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Mixbook enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
By using the Services and providing us with your telephone number(s), you are consenting to be contacted by us or our partners by text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of us or our partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from us or our partners for marketing or solicitation purposes to purchase our products or services. In the event you no longer wish to receive such text messages or other telephonic communications, you agree to notify us or our partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
Before using the Mixbook App, we may require you to install the latest version of the App on your mobile device, create an account, provide your account details as requested, and meet certain hardware and connectivity requirements that may change over time. You are responsible for any internet fees or mobile carrier charges incurred when accessing or using an App. If you uninstall the App from your device, you may lose access to some features of the Service that are only available through the App. While we make reasonable efforts to accurately represent the attributes of any product images you order through an App - including their colors - the actual colors you see depend on your mobile device, and we cannot guarantee that your device will display these colors correctly.
You are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk.
Mixbook offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://memory-arts.com/licenses.html. If required by any license for particular open source software, Mixbook makes such open source software, and Mixbook’s modifications to that open source software (if any), available by written request to hello@mixbook.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
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.
Mixbook cares about the privacy of its Members. View Our Privacy Policy, which is incorporated into these Terms of Service.
MIXBOOK IS NOT RESPONSIBLE FOR ANY MEMBER CONTENT, INCLUDING MEMBER CONTENT THAT VIOLATES THESE TERMS OF SERVICE OR IS OFFENSIVE, INCORRECT OR INACCURATE, WHETHER SUCH CONDITION IS CAUSED BY USERS OF THE SERVICE, MEMBERS, OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. MIXBOOK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. YOU UNDERSTAND THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. MIXBOOK DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. MIXBOOK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. MIXBOOK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMMUNICATIONS NETWORK OR LINES, ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR SERVICE ACCESS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL MIXBOOK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MIXBOOK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIXBOOK CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
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 GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO MIXBOOK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP OR ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE A MEMBER OR USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Mixbook, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Mixbook are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND MIXBOOK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MIXBOOK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Mixbook is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@mixbook.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Mixbook should be sent to Mixbook Legal, 2000 Broadway St., Redwood City, CA 94063 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mixbook and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Mixbook may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mixbook or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mixbook is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/industries/consumer/. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Mixbook and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Mixbook agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Mixbook will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Mixbook will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mixbook will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Mixbook agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Mixbook written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
The Terms of Service and any dispute about or involving the Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Santa Clara County, California and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold harmless Mixbook, its subsidiaries, affiliates, officers, agents, partners and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Member Content, your use of the Service in violation of this Agreement or any Third-Party Terms, or your violation of any law or the rights of a third party.
These Terms of Service constitute the entire agreement between you and Mixbook regarding the use of the Service, superseding any prior agreements between you and Mixbook relating to your use of the Service. The failure of Mixbook to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Mixbook may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to our contacting you via email or other electronic means. To opt out receiving electronic communications other than those relating to your Mixbook account and orders, follow the opt-out instructions provided in any promotional email Mixbook sends to you.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Mixbook Customer Service, 2000 Broadway St., Redwood City, CA 94063.
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