Welcome to the Be Mixed website (the “Website”). The Website and services are provided by Be Mixed, Inc. (“Be Mixed”, “we” “us” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of the Website and all services provided by Be Mixed via the Website including without limitation our products.
By accessing, browsing or using this Website, you acknowledge that you have read, understood and agreed to be bound by the Terms. If you do not agree to these Terms, you should not use or access this Website. Be Mixed reserves the right to revise these Terms at any time by updating this Terms posting. You are encouraged to review these Terms each time you use the Website because your use of the Website after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Website. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.
2. Use of the Website
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Website, including with respect to ordering, shipping and return policies and membership reward programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
5. Product Information and Limitations on Order Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Website will be available.
6. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Website are the property of Be Mixed or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Website.
7. Submitted Content
Be Mixed does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Be Mixed a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Be Mixed the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Be Mixed will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Website. The Website, and all content, merchandise, and other information on or accessible from or through this Website or a “linked” website are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, Be Mixed does not warrant that: (1) the information on this Website is correct, accurate or reliable; (2) the functions contained on this Website will be uninterrupted or error-free; or (3) defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components. Be Mixed makes no warranties of any kind regarding any non-Be Mixed websites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Be Mixed makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Be Mixed websites. Be Mixed does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
10. Limitations on Liability
In no event shall Be Mixed, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this website be liable to any user of the website or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss or profits, loss of data, or loss of use) arising out of the use or inability to use the website, whether based upon warranty, contract, tort, or otherwise, even if Be Mixed has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Be Mixed, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this website to you for all damages, losses, and causes of action resulting from your use of this website, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Be Mixed in connection with the event giving rise to such liability. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
11. International Use
We control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Risk of Loss
Any merchandise purchased from our Website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
13. Copyright Infringement; Notice and Take Down Procedures
Be Mixed specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Be Mixed will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s Designated Agent at the following address:
423 W. 55th Street
New York, NY 10019
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): – physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; – identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; – identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and – information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; – a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and – a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms and any dispute of any sort that might arise between you and Be Mixed or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in New York, New York with respect to any legal proceeding that may arise in connection with these Terms and your use of the Website. In addition, you expressly waive any right to a jury trial in any legal proceeding against Be Mixed, its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises.
Last Updated: July 31, 2014
© 2014 Be Mixed, Inc. All rights reserved.
In order to use the Website you may be required to complete a registration process in which we will collect certain personal information such as your name, address and email address. When you register, you will also consent to receive email correspondence from us. We will use your personal information to complete transactions, respond to your requests, deliver the products and services you request, and notify you of promotions, updates, or special offers that we think may interest you. In the event that you voluntarily submit additional, unsolicited personal information during the registration process or thereafter to Be Mixed, you expressly consent to Be Mixed’s collection and storage of such information. If you wish to discontinue email correspondence at any time, simply follow the instructions to “Manage Your Subscription” which appear in every email we send, or contact us through the Contact Us page. If you chose to invite a friend to join Be Mixed you will need to provide us with his or her name and email address. We will store this information to track the results of your invitations.
We collect general statistics to track user trends on our Website. These statistics include hits to our server, the types of browsers used to access our Website, page views, and navigational patterns. This type of information helps us track “where” our users are coming from so that we can target strong demographic areas and determine the most effective ways to communicate with our users. In connection with this analysis, Be Mixed also uses devices called “web beacons” to help us identify when emails sent to you have been received and read. We may also collect IP addresses and other information in order to prevent the introduction of viruses and hackers into the Website.
PROTECTION OF OUR INFORMATION
HOW WE USE YOUR INFORMATION
Be Mixed will use your personal information in an effort to improve your shopping experience and provide you with information, products or services that we think may be of interest to you. For example, we may share the personal information you provide to us as well as demographic information and purchase history we collect with strategic partners, such as suppliers, in order to select products that we believe may be of interest to you. Within that framework, any of our employees, third-party contractors or strategic partners whom are given access to your personal information will be contractually obligated to keep such information confidential and to use the information only to provide the services we ask them to perform for you and for us. Except as set forth above, Be Mixed does not rent or sell personal information to anyone, including third parties intending to use such information for direct marketing purposes. We may provide aggregate statistics, which do not include personal information, about our customers, sales, traffic patterns and related Website information to reputable third party vendors. We may also disclose personal information we collect from you if required to do so by law or in the good-faith belief that disclosure is reasonably necessary to protect the property or rights of Be Mixed, third parties or the public at large.
INFORMATION POSTED TO BULLETIN BOARDS, CHAT ROOMS OR OTHER PUBLIC FORUMS
If you use a bulletin board, chat room or any other interactive or publicly accessible area of the Website, you should be aware that any personal information you submit there can be read, collected or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to submit in these forums.
COLLECTION OF INFORMATION FROM CHILDREN
Be Mixed does not solicit personal information from children. If you are not 18 years old or older you are not authorized to use the Website. If we learn that a user is under 18 years of age, we will promptly delete any personal information we have collected about that user.
ACCESSING OUR WEBSITE FROM OUTSIDE THE UNITED STATES
UPDATING YOUR PERSONAL INFORMATION
You may access and update your personal information and your preferences to receive email or other communications through the My Account page. Any user who receives an email invitation to join Be Mixed may choose not to receive such invitations at a particular email address in the future by following the instructions in the email invitation. Current members will not receive email invitations at any registered email address, but may receive invitations from friends at an email address that is not yet known to us. We will take commercially reasonable steps to implement your opt-out requests, but you may still receive communications from us for up to ten business days as we process your request.
CHANGES TO THIS POLICY
© 2014 Be Mixed, Inc. All rights reserved.
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