Mixer Center and its affiliates, successors, parents, subsidiaries, assigns,
licensees, and designees (collectively and individually "Mixer Center")
provide you access to the Mixer Center web site subject to the
terms and conditions of use set forth below (the "Terms of
Use"). Mixer Center offers certain product and/or services via the Site.
Services. By using the Site and the Services, you agree to abide
1. Fees and Costs
Mixer Center charges a fee for its products
or services. Please view our product for individual product prices. You are responsible for
paying any applicable fees and taxes and for all hardware, software,
service and other costs you may incur in connection with the Services,
including costs incurred in connecting to the Sites via the Internet.
Mixer Center reserves the right, at any time, to charge or modify fees for
access to the Site or for any of its Services. Mixer Center will notify you
of any such fees by posting information regarding such fees on the Sites.
2. Content Guidelines/Prohibited Uses
You agree not to post, upload or transmit to the Site or to Mixer Center servers any
communications, text, graphics or other information (collectively,
- is obscene, fraudulent, indecent, discourteous, offensive, or abusive;
- defames, abuses, harasses or threatens others;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or
other disabling devices or other harmful component intended to
damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information;
- advocates or encourages any illegal activity;
- infringes upon the copyright, patent, trademark, trade secret, publicity
right or other intellectual property or proprietary right of any
- violates the privacy of individuals, including other users of the Sites; or
- violates any applicable local, state, national, or international law.
Mixer Center in its sole discretion shall determine your compliance with the foregoing guidelines
and reserves the right to delete from the Site without prior notice
any material that it deems to be non-complying or otherwise objectionable
for any reason. Mixer Center may take any action with respect to the Material
if Mixer Center believes, in its sole discretion, that the Material may create
liability for itself or any third parties or may cause Mixer Center to lose
(in whole or in part) the services of its ISPs, vendors or advertisers.
Other Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services,
the Site, and the Material. You are not permitted to use Mixer Center name,
URL, trademarks or other material in any manner, including, without
limitation, in connection with "spam" e-mail messages
has the meaning generally understood among Internet users, and includes
without limitation unsolicited electronic mail advertisements. You
may not impose an unreasonable or disproportionately large load
(as determined by us in light of the load imposed by other users
generally) on Mixer Center infrastructure. You may not use any "bot"
or other automated repetitive or iterative mechanism or the like
to gain any sort of benefit from Mixer Center or any of its business affiliates.
3. Links to Third-Party Sites
Any third-party sites to which the Sites may link are not under Mixer Center control, and
Mixer Center 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, Mixer Center does not intend
links contained on the Sites 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.
4. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE
AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED
"AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER
EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Mixer Center MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR
COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION
MAY BE RELIED UPON FOR ANY REASON. Mixer Center MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY THAT USE OF THE SITES, THE SERVICES OR THE INFORMATION
WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT
ANY DEFECTS CAN BE CORRECTED. Mixer Center CANNOT BE HELD RESPONSIBLE FOR
ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. Mixer Center IS NOT
AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING
OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES.
ALL INFORMATION IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL
BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION
AVAILABLE WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE
BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE Mixer Center FROM ANY CLAIMS
OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM
SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS
SECTION 5, Mixer Center SHALL HAVE NO LIABILITY FOR:
- any loss or injury caused, in whole or in part, by its actions, omissions,
or negligence, or for contingencies beyond its control, in procuring,
compiling, or delivering the Information, the Sites or the Services;
- any errors, omissions, or inaccuracies in the Information regardless of how
caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information
- any losses or damages whatsoever, whether in contract, tort or otherwise,
from the use of, or reliance on, the Information, or from the
use by you of the Internet generally;
- any special or consequential damages that are directly or indirectly related
to the use of, or the inability to use, the Services or the Sites,
even if Mixer Center has been advised of the possibility of such damages;
- any lost profits or special, incidental or consequential damages (no matter
how they might arise, including from Mixer Center negligence) arising
out of or in connection with the Information, the Services, the
liability to you is limited to $100. Some states do not allow the
foregoing limitations of liability, so they may not apply to you.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you also may have other legal rights
which vary from state to state.
5. Privacy and Communications to the Sites
Any communication, information or other material you transmit or post to the Sites,
by electronic mail or otherwise (other than personally identifiable
information about you), including any answers to questions, comments,
suggestions, or other data supplied by you is, and will be treated
as, non-confidential and non-proprietary. You hereby grant to Mixer Center
a non-exclusive, worldwide, perpetual fully paid-up license to use
any such communication, information or material for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, distribution, advertising, marketing, promotion, research,
broadcast, display, modification, syndication, licensing and posting.
Mixer Center use of personally identifiable information, as well as Mixer Center
consent to Mixer Center use of your information, as enumerated in Mixer Center
also review it regularly for updates.
6. Representations and Warranties
You represent and warrant that:
- you have full right and power to enter into and perform these Terms of
Use, and have secured all third party consents necessary to enter
- all factual assertions that you have made and will make to Mixer Center are true and
- you are of the age of majority, have the right to enter into legally binding
agreements, and have the full and complete right to agree to the
Mixer Center reserves the right to terminate this Agreement immediately and without notice
for any or no cause, at any time. Without limiting the preceding
sentence, Mixer Center may terminate your use of the Services or access to
the Sites immediately and without notice if: (a) you breach the
of a third party in connection with the Services; (c) Mixer Center is unable
to verify or authenticate any information you provide to it, or
(d) any material uploaded or transmitted by you to the Sites violates
any applicable laws or rights of any third party.
8. Governing Law, Jurisdiction and Dispute Resolution
of the State of Texas, without regard to conflict of laws principles.
You and Mixer Center agree that any and all disputes arising out of or related
and venue of the state and federal courts located in Texas.
9. Changes to the Services and the Site
Mixer Center reserves the right to change, suspend or discontinue any aspect of the services
or the Site at any time, including the availability of any features,
databases or content. Mixer Center will attempt to provide reasonable notice
of such changes to the Services or the Site. Mixer Center may also impose
limits on features or restrict access to parts of the Site.
upon posting to the Site. Mixer Center therefore encourages you to review
11. Unlawful Conduct
Notifications of any unlawful conduct, including, without limitation, copyright
or other intellectual property infringement should be sent to Mixer Center
Designated Agent at:
990 E. South Loop
Stephenville, TX 76401
law for money damages, if any. In no event shall you be entitled
to injunctive or other equitable relief based on any act or omission
of Use constitute the entire understanding of you and Mixer Center 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
agency, partnership, joint venture or other form of joint enterprise
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 Mixer Center as reflected in the original
provision. Any delay or failure on the part of Mixer Center 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 Mixer Center, and the officers, directors,
employees, partners, principals, agents and representatives of Mixer Center,
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 give effect to their meaning, shall survive any expiration or
all of your representations, warranties and indemnification obligations.
How you can reach Mixer Center:
The Services hereunder are offered by Mixer Center, located at:
990 E. South Loop
Stephenville, TX 76401.
Our phone number is 254-965-3663.
Fees for services offered by us are available as described in Section 1.
© 2007 Mixer Center. All rights reserved. All other trademarks, product
names, and company names or logos cited herein remain the property
of their respective owners.