Mix Meeting Legal Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MIXMEETING.COM WEBSITE. BY USING OR ACCESSING THE MIXMEETING.COM WEBSITE OR USING THE SERVICES PROVIDED BY MIX MEETING, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
This Terms and Conditions of Use Agreement (the "Agreement") is between you and Brevient Technologies LLC. doing business as mixmeeting.com ("Mix Meeting") and sets forth the terms and conditions under which Mix Meeting provides access to content and services at and through www.mixmeeting.com (the "Site").
ACCEPTANCE OF THE AGREEMENT
Your use of the Site and any services or Content (as defined below) available on or through the Site or through Mix Meeting, constitutes your acceptance, without modification, of the terms and conditions of this Agreement. By using the Site or any services provided by Mix Meeting, you represent and agree that you are thirteen years of age or older, are of legal age and capacity to form a binding contract or have the permission or legal authorization of your parent or legal guardian to enter into this Agreement, and that you are not a person barred from entering into agreements in and receiving services from the United States of America. If you do not agree with the terms and conditions of this Agreement, you agree not to access the Site or use the services provided by Mix Meeting. If you have any questions about this Agreement or the practices of this Site, do not use the site and please contact Mix Meeting at support@mixmeeting.com.
ADDITIONAL TERMS AND CONDITIONS
Certain features and services available on the Site may be subject to additional terms and conditions, including the payment of certain fees. All purchases of services are subject to Mix Meeting's Terms and Conditions of Services Agreement. Mix Meeting's collection and use of personal information that you may provide to Mix Meeting, or which may be collected from you by Mix Meeting, is governed by Mix Meeting's Privacy Policy which is expressly incorporated into this Agreement as if contained herein in its entirety.
AMENDMENT AND MODIFICATIONS TO AGREEMENTS
Mix Meeting may amend or make additions, deletions or modifications to this Agreement, the Terms and Conditions of Services and Privacy Policy at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Site and e-mailing of such amendments or modifications to registered users of the Site, and you agree to be bound by such amendments or modifications for any future use of the Site or services provided by Mix Meeting.
ACCOUNT MEMBERSHIP ELIGIBILITY
If you become a member or subscribe to any services offered on or through the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and order forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Mix Meeting reserves the right to terminate your account and refuse any and all current or future use of the Site and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Site. Mix Meeting bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you agree to notify Mix Meeting immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by Mix Meeting. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site.
CHILDREN UNDER 13
Mix Meeting does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with Mix Meeting. If you are under 13, please do not send any information to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to Mix Meeting or be a user of Mix Meeting's services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@mixmeeting.com.
OWNERSHIP AND COPYRIGHT AND TRADEMARK NOTICE
This Site is owned and operated by Brevient Technologies LLC., doing business as Mix Meeting. All content, information and materials appearing on this Site, including, without limitation, text, site design, logos, graphics, icons, images and voice and video clips, as well as, the selection, assembly and arrangement thereof ("Content") are the sole property of Mix Meeting or its licensors and are protected by U.S. and International copyright, patent and trademark laws and treaties. Mix Meeting and its licensors expressly reserve all rights in and to such Content. You may use the Content contained on this Site and the services offered through this Site only for your own personal purposes. No Content from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Mix Meeting's or its licensor's prior written permission except as explicitly permitted in this Agreement.
All software used on the Site, to provide services through the Site, and to operate the Site is the sole property of Mix Meeting or its licensors and may not be used elsewhere without prior written permission. Certain patents, trademarks, copyrights and other content or proprietary information used on this Site may be owned by third parties not affiliated with Mix Meeting and are being used under license and with permission by Mix Meeting under various agreements.
UNSOLICITED IDEAS
Mix Meeting welcomes your comments and feedback about the Site or about its services; however, Mix Meeting, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions you submit without any express or implied obligation, contract or compensation to you. All ideas, materials, or suggestions (including, without limitation, unsolicited ideas, suggestions, or materials) submitted shall become the property of Mix Meeting and Mix Meeting may use such ideas, materials, or suggestions in whole or in part at Mix Meeting's sole discretion without compensation or credit to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR PROVIDED BY MIX MEETING ARE PROVIDED "AS IS" AND "AS AVAILABLE." MIX MEETING MAKES NO WARRANTY THAT THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM UTILIZATION OF THE SITE AND ITS CONTENT OR THE SERVICES PROVIDED BY MIX MEETING. TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, MIX MEETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE; NON-INFRINGEMENT; OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE EXPRESSLY CONTAINED IN THIS AGREEMENT OR ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
DISCLAIMER AND LIMITATION OF LIABILITY
IN NO EVENT SHALL MIX MEETING, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE SITE OR SERVICES PROVIDED BY MIX MEETING, EVEN IF MIX MEETING IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT MIX MEETING, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITE OR THE PROVISION OF SERVICES BY MIX MEETING. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MIX MEETING IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Mix Meeting and its subsidiaries, affiliates, related companies, employees, officers, directors, agents, telecommunications providers, and content providers from all claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your breach of this Agreement or your violation of the rights of any third parties using the services provided by Mix Meeting or the Site.
SECURITY
Mix Meeting takes steps to ensure that all information collected is treated securely and in accordance with this Agreement and the Privacy Policy. Unfortunately, no data transmission over the Internet or telephone can be guaranteed to be 100% secure. Accordingly, Mix Meeting cannot ensure or warrant the security of any information you transmit to Mix Meeting. Therefore, any transmission of information by you to Mix Meeting is done at your own risk. When Mix Meeting receives your transmission, Mix Meeting makes commercially reasonable efforts to ensure the security of your information on our systems.
JURISDICTION, VENUE, AND NOTICES
You agree that any legal action brought against Mix Meeting by you or against you by Mix Meeting shall be governed by the laws of the state of Wisconsin without regard to its conflict of law principles. You agree that the exclusive jurisdiction and venue for any litigation arising from or relating to the Site, your access and/or use of the Site, and this Agreement, shall be an appropriate federal or state court located in Milwaukee, Wisconsin, and you irrevocably consent to the exclusive personal jurisdiction and venue of such courts. If either party files suit or engages in other legal process to enforce the terms and conditions of this Agreement, or to collect monies owed by reason of this Agreement, the prevailing party in any such litigation shall be entitled to recover its reasonable attorneys fees and costs in connection with such enforcement efforts. You agree that Mix Meeting may provide notices relating to this Agreement to you, including those regarding changes to this Agreement or the Privacy Policy, by e-mail, regular, mail, and/or postings to the Site.
ORGANIZATION/CORPORATE USERS
Organization/corporate users of the site are responsible for their employees, directors, officers, and agents as users of this site, and are specifically responsible and liable for any and all damages created thereby, and for notifying Mix Meeting of the termination of said users' authorization to use this site. Organization/corporate users are also responsible and liable to pay for all goods and services purchased through use of this site.
ENTIRE AGREEMENT
The Agreement and the Privacy Policy constitutes the entire agreement between you and Mix Meeting and governs your use of the Site and the services provided by Mix Meeting, superseding any prior agreements between you and Mix Meeting with respect to the Site and the services provided by Mix Meeting. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mix Meeting services, affiliate services, third-party content or third-party software using the Site.
WAIVER AND SEVERABILITY
The failure of Mix Meeting to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
© 2008 Brevient Technologies LLC. All rights reserved.
