Mixer Terms Of Service – End User License Agreement
This is a legal agreement ("the Agreement") between you and Technology Services LLC, hereinafter referred to as “Service Provider”. This Agreement pertains to your use of the Mixer application and updates which are provided to you by Mixer (Collectively, the “Application"). Please read this End User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Mixer (“Application”). You agree to our Terms of Service (“Terms”) by installing, accessing, or using our application, services, features, software, or website (together, “Services”).Services means any communication and messaging service provided solely through the Mixer application. If you do not agree to the terms of this Agreement, Please DO NOT accept the Agreement.By accepting the Agreement, you are consenting to, and agreeing to be bound by, the terms of this Agreement.
Services are not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
Mixer grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Some mobile network operators may prohibit or restrict the use of the Application functionality and may also impose additional fees, or other charges in connection with the Service, you shall agree to it and abide by your network operators restrictions. Mixer will not be held liable for any charges, fees or liability imposed by your network operator/Carrier for use of the Application over mobile/cellular data.
If you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 16: if you are under 16, please wait until you turn 16 to use them.
You agree not to, and you will not permit others/third party to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Mixer, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service, to suspend or terminate users, without liability to us, including where such User Content, in our sole discretion, violates these Terms, or any additional terms, or that we otherwise find objectionable. We also reserve the right to respond to user support requests or reports provided through the Service Provider’s App, or protect the rights, property or safety of Service Provider, its users and the public.
You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not Service Provider, and that you are responsible for all material you upload, post or otherwise transmit to or through this Service.
Bulk Messaging. Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes) In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by Service Provider, or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service.
Mixer reserves its right to modify, suspend or discontinue temporarily or permanently, the Application or any service to which it connects, with or without notice and without any liability to you.
We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms at our website. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to update Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
This Agreement shall remain in effect until terminated by you or C,Me. Mixer shall, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from C,Me, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Mixer reserves its right to terminate or deactivate your account if your Mixer account is inactive or not accessed for a period more than sixty (60) days. Once your Mixer Account has been terminated, your account will be removed from our systems
Mixer or its licensors retain ownership of all intellectual property rights in and to the Application, including copies, improvements, and modifications thereof. Your right to use of the Application is limited to those expressly granted by this EULA. No other rights with respect of the Application or any related intellectual property rights are granted or implied.
Our Services and materials incorporated by Service Provider on our Services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Service Provider in our Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by the Service Provider or others (“Trademarks”). Service Provider or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, you do not acquire any ownership rights in Service or Materials contained therein. Service Provider respects the intellectual property rights of others and asks users of our Services to do the same.
Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Service Provider, ITS PARENT COMPANY AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF Service Provider DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
THE Service Provider DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of One Hundred Emirati Dirhams (AED100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to defend, indemnify, and hold Mixer its affiliates, subsidiaries, parent companies and employees harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use or conduct with respect of the Application.
If any provision of this Agreement is held fully or partially invalid or un enforceable for any reason whatsoever, the validity and enforcement of other provision of the Agreement shall not be affected.
19.1 This Agreement its validity, effect and enforcement shall be subject to the laws of United Arab Emirates and shall be subject to the Courts of Abu Dhabi. Mixer however reserves its right to choose to enforce this Agreement in your jurisdiction under local laws.
19.2 We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws.
You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, register again with your new phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
You provide us the phone numbers of Mixer users and your other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us such numbers to allow us to provide our Services.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Our Services may allow you to access, use, or interact with third-party websites, applications, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your Mixer contacts. In using such third party services you are bound by the terms and conditions of such third party and their privacy policies.
22.1 If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Service Provider relating to the matters contained here and the Service.
22.2 The terms and conditions of English version of this Agreement shall prevail in the event of any conflict between English and Bilingual versions of this Agreement.