Terms of Use

Acceptance of Terms

Mixpo Portfolio Broadcasting Inc. ("Mixpo") offers access to this web site (the "Site") as well as access to Mixpo software (along with updates and upgrades, the "Software Products"), subject to the following Terms of Use Agreement (the "Agreement"), which may be updated by Mixpo from time to time without notice to you and you will be subject to the most current version posted on the Site. By using the Site or the Software Products in any way, you agree to be bound by the terms of this Agreement. Furthermore, when using any Mixpo services or products, you may be subject to posted guidelines, policies or other contractual provision. If you are using Mixpo services or products on your employer's behalf, this Agreement and all posted guidelines, policies and other contractual provisions will apply to you and your employer. In the event of a conflict between this Agreement and any posted guidelines, policies or other terms of service, the provisions of this Agreement shall govern. If you do not wish to be bound by this Agreement, you must immediately discontinue using Mixpo services and products and the Site. If you have any questions about this Agreement, please contact us at info@mixpo.com.

Permitted Use

You acknowledge and agree that all postings, messages, text, files, images, logos, photos, video, sounds, or other content or materials displayed or posted on, made available or transmitted through or linked from the Site (the "Content") are the sole responsibility of the person from whom such Content originated. You are solely responsible for all Content that you make available on the Site. You will at all times own the Content and grant an exclusive, perpetual, royalty-free, worldwide license to Mixpo to use, display, publish, advertise, promote, distribute or sell the Content anywhere and do all other acts as necessary to increase viewership of the Content.

You acknowledge and agree that Mixpo does not control, and is not responsible for Content made available through the Site or the Software Products, and that by using the Site or the Software Products, you may be exposed to Content that is infringing, offensive, inaccurate or otherwise objectionable. Under no circumstances will Mixpo be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content. You acknowledge and agree that other websites you may visit through links within the Content are independent of Mixpo and that Mixpo makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on those websites. Your linking to any other websites is at your own risk. You acknowledge and agree that any tips or tricks provided to you by Mixpo, directly or indirectly, are for your convenience only and Mixpo makes no representation or warranty as to the accuracy, completeness or authenticity of such information. Your use of such information is at your own risk.

You acknowledge and agree that Mixpo shall have the right, in its sole discretion, to refuse, delete or move any Content for any reason whatsoever. Your use of the Software Products and the Site shall also comply with all applicable laws. If you fail to comply with any provision of this Agreement, Mixpo guidelines or any applicable laws, Mixpo may immediately terminate all licenses granted to you without notice and you agree to immediately (a) stop using the Software Products and the Site, (b) delete all Content downloaded from the Site, and (c) delete all copies of the Software Products from all magnetic media and destroy all other copies or at Mixpo's request, return all such copies to Mixpo.

Stock Media

Mixpo will license to you the use of certain stock media (the “Stock Media”) solely for the purpose of display in VideoAd. Your license to use the Stock Media is personal, non-exclusive, non-transferable, non-sublicensable. Your license does not include the right to possession of copies or tapes of the Stock Media, either in their original or customized versions. Mixpo makes available to you the Stock Media on an as is basis and for your convenience only and may be remove the Stock Media or parts thereof from the Site or VideoAd without notice. No intellectual property rights in the Stock Media will be transferred to you, other than the limited license to use and display the Stock Media pursuant to these Terms of Use. You hereby grant to Mixpo a worldwide, perpetual, irrevocable, sublicensable, royalty-free right to use any customized versions of the Stock Media which you may create.

Pay-per-phone-call advertising

Mixpo may make available to you the use of Voicestar numbers, which are numbers assigned to you for your advertising purposes and further described at www.voicestar.com. All Voicestar numbers will remain the property of Voicestar and upon expiration of your agreement with Mixpo, your use of Voicestar through Mixpo will be terminated and you will not thereafter publish, advertise, promote, distribute or sell Voicestar or any components thereof. Your use of Voicestar and Voicestar numbers is also subject to Voicestar’s terms of use and privacy policy.

Content and Privacy

You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights. If you believe that your work has been copied in a way that constitutes an infringement of your intellectual property rights, please contact us at content@mixpo.com immediately. Please read our Content Policy for further information.

Mixpo may use technology that provides Mixpo and its affiliates with information regarding your use of the Mixpo products and services, or which permits Mixpo to audit your compliance with this Agreement. Please consult our Privacy Policy for specific information on how Mixpo uses your personal information.

Unauthorized Use

Without limitation, Content may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.

When using Mixpo editing tools and templates to create derivative works, you will continue to own the Content you provide, however, you are only authorized to use the Content you created by using Mixpo editing tools and templates within Mixpo’s VideoAd player and any download or use of such works outside Mixpo’s VideoAd player is prohibited.

Unauthorized use of Content constitutes copyright infringement and shall entitle Mixpo to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of Mixpo rights or remedies in connection with any unauthorized use. Please read our Content Policy for further information.

Mixpo and the Mixpo logo are trademarks of Mixpo Portfolio Broadcasting Inc. You may not use the trademarks or service marks of Mixpo without Mixpo's prior written consent.

Mixpo Registration Sign-Up

Mixpo is available to anyone over the age of majority in the jurisdiction where they reside (the "Age of Majority") who completes all the required information on the registration form and registers an email address for access to Mixpo site and Password.

No information should be submitted or posted by visitors under the age 18 unless a parent or guardian directs such information to Mixpo. Mixpo will not knowingly send direct mailings, including email or other correspondence to anyone under the age of 18.

Violation of Terms

Unauthorized use of Content shall entitle Mixpo to exercise all rights and remedies under applicable laws, including an injunction and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of Mixpo rights or remedies in connection with any unauthorized use.

Users of the Site or Clients who violate the terms of this Agreement may have their license to use the Site terminated, revoked, services cancelled and have their Content suspended, deleted or removed without notice. Mixpo will not return any removed Content to a client and is not responsible for any loss of data resulting from removal of client material.

Indemnification

You agree to indemnify, defend, and hold harmless Mixpo, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against all claims, demands, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement or any of the representations or warranties herein, (2) your use of the Software Products or the Site, (3) any Content you submit, post or make available through the Site or the use of any Content either alone or in combination with any other content or material, (4) your failure to abide by any restriction regarding the use of any Content, or (5) your violation of any rights of a third party.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF MIXPO PRODUCTS OR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MIXPO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MIXPO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED VIA ADMISSION OR ACCESSED THROUGH ANY LINKS IN MIXPO SOFTWARE PRODUCTS OR ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MIXPO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL MIXPO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF MIXPO OR ITS PRODUCTS AND SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CONTENT OR ANY LINKS IN THE SOFTWARE PRODUCTS OR ON THE SITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CONTENT OR ANY LINKS IN THE SOFTWARE PRODUCTS OR ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Advertising Guidelines

These advertising guidelines are not all-inclusive and are in addition to the terms of this Agreement as well as any other rules and regulations which impose additional requirements. You are responsible for adhering to all laws, rules, codes and guidelines, and Mixpo reserves the right to accept or reject any advertisement or require the elimination or revision of any of your Content. By way of example and not by way of limitation (1) advertising may not, directly or by implication, be vulgar, obscene, profane, pornographic, threatening, hateful, or contain nudity; (2) advertisements for hard liquor or distilled spirits (including products containing hard liquor) are not allowed; (3) advertisers may promote beer and wine, subject to all applicable laws, rules, codes and guidelines; (4) advertisements directed to children must comply with all applicable laws, rules, codes and guidelines; (5) advertising claims must be substantiated (prior to running the advertisements) with valid and reliable research or support, as required by all applicable laws; (6) advertisements comparing products or services may not distort or exaggerate differences or otherwise create a false, deceptive or misleading impression; (7) you may not advertise contests or sweepstakes on the Site unless they comply with all applicable laws and regulations; (8) we do not allow advertising for firearms, ammunition, cigarettes, cigars, pipe tobacco, tobacco paraphernalia and smokeless tobacco; (9) among other things, Mixpo prohibits advertisements that:

  1. make claims or representations that are false or tend to deceive, mislead, or misrepresent;
  2. offer unsupported or exaggerated promises of earnings;
  3. use "subliminal perception" or other similar techniques;
  4. use "Bait and Switch" tactics; or
  5. make direct or implied use of government officials or any government body without official approval.

Advertising standards and practices may vary from region to region and as such, it is your sole responsibility to ensure that your advertisement conforms to all applicable laws, rules, codes and regulations. The display of your ad in does not constitute Mixpo's approval of your advertisement, the Content, or your use of the advertisement and the Content.

Billing

Mixpo will bill your credit card through Google Checkout, Paypal and Amazon Payments, or through its own billing service, as charges become due on your account. All charges are due on the first day of the subscription month. All charges will be deemed correct unless you notify Mixpo in writing of any errors. Mixpo reserves the right to update its pricing without notice. Always refer to our Signup page for the latest pricing. Mixpo will not issue any refunds, however, any credits deposited in your account will remain valid until such time that you incur charges on your account and the said credit will then be applied to your outstanding account charges. Credits on your account can be used in increments as charges become due for amounts smaller than the total amount of the credit on your account.

Jurisdiction

This Agreement is governed by the laws of the State of Washington, without reference to its choice of law principles to the contrary.

No Waiver / Severability

No action of Mixpo, other than an express written waiver or amendment, may be construed as a waiver or amendment of this Agreement. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law.

Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.

Miscellaneous

You acknowledge that you have read this Agreement, understand it and agree to be bound by all its terms and conditions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Mixpo. This Agreement will inure to the benefit of the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Mixpo's prior written consent.