The MIX - terms and conditions

By posting or otherwise transmitting any information or other material to The Mix, you hereby grant The Mix a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed, subject at all times to the provisions of this Agreement protecting your privacy. You also grant to The Mix the right to use your name and other identifying information in connection with any materials submitted to public areas of the Site (such as Creative solutions, News, etc.) in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Mix for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. All information on this site is the property of The Mix or Third Party Providers.

B. Third Party Content

The Mix is a distributor and not a publisher of content supplied by third parties, and exercised no editorial control over the content. The Mix is not responsible for any opinions, advice, statements, services or other information nor content that is provided by third parties. The Mix does not guarantee the accuracy, completeness or usefulness of third party content or information and User is solely responsible for evaluating the accuracy of such content/information and its suitability for use by User.

C. On Line Conduct

Any conduct by User that, in The Mix' sole discretion, violates any third party’s property rights, or restricts or inhibits any other user from using or enjoying Site, is prohibited. User will use Site only for lawful purposes. User may not post on or transmit through this Site or any services purchased through this Site, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws, including violations of the CAN-SPAM Act of 2003 and acts amendatory thereto. Any conduct, communication, or content that is (i) harmful or objectionable to individual users, The Mix or its affiliates, (ii) an infringement of any rights of The Mix or any third party, or (iii) in violation of any applicable laws, is prohibited. The determination of the foregoing shall be subject to the sole judgment of The Mix. Notwithstanding the foregoing, The Mix cannot ensure prompt editing or removal of questionable content after online posting. Accordingly, neither The Mix, nor any of its affiliates, nor the officers, directors, employees and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or content on this Site.

D. No Warranties; Limitation of Liability

Use of this Site is at User's sole risk. Neither The Mix, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that use of this Site or services purchased through this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or services purchased therefrom, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Site. THE MIX IS PROVIDING THIS SITE AND ITS CONTENT AND INFROMATION ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENT OR SERVICES. THE MIX DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. THE MIX IS NOT THE MANUFACTURER OF THE PRODUCTS OR A DEVELOPER OF CERTAIN APPLICATIONS AND THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE PRODUCT MANUFACTURERS. THE MIX HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. FURTHER, The Mix DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Neither The Mix nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Site or services purchased from the Site, including any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some of the disclaimers and exclusions in this Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of The Mix and all others shall be limited to the greatest extent permitted by law.

Links to other Web Sites may be provided on this Site for your convenience. Use of these links and sites will cause you to leave this Site and is at your own risk. The Mix does not endorse and makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Links provided on this Site do not imply an affiliation or sponsorship with another site or that The Mix is legally authorized to use any trade name, trademark, logo or copyright symbol accessible through a link or that any other site is authorized to use any trade name, trademark, logo or copyright symbol of The Mix, its subsidiaries or affiliates

E. Termination of Access; Survival of Terms

The Mix may terminate your access to all or part of this Site or services purchased from this Site, without notice and without liability to you, for any conduct by you that The Mix, in its sole discretion, believes to be in violation of this Agreement. Neither such termination of access or services, nor any action or inaction of User, shall terminate the provisions of Sections A, B, C, D and E of this Agreement. Such Sections shall remain in effect in perpetuity, subject only to any changes made by The Mix pursuant to Section A hereof.

F. Change in Site

This Site is subject to change without prior notice.

G. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of the State of New York, without regard to any conflicts of laws provisions thereof. You agree that any legal action or proceeding between The Mix and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state court or competent jurisdiction in Monroe County, New York or in the Federal District court for Western New York. Any cause of action or claim you may have with respect to this Site or services ordered from the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Mix may assign its rights and duties under this Agreement to any party at any time without notice to you. These above conditions and restrictions, along with any other legal notices or caveats on the Site, including The Mix’s Privacy Policy, represent the entire understanding relating to the use of the Site and services purchased therefrom and shall prevail over any prior or contemporaneous, conflicting or additional, communications. Notwithstanding any provision of this Agreement, User may be required to execute a separate services agreement for each service which shall supersede the terms and conditions of this Visitor Agreement.