Terms & Conditions

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.

1.  Acceptance

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

You may use the Website only for your own noncommercial personal use and in compliance with these Terms and our Privacy Policy (the “Privacy Policy”) (available at the bottom of this page). You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Website. We require all Members to agree not to use the Website, and specifically prohibit any use of the Website, for any of the following purposes: – Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity – Posting any information which is untrue, inaccurate or not your own – Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation – Attempting to interfere in any way with the Website’s or Be Mixed’s network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

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.

4.  Account

The Website is available to registered users who are 18 years and older and who have not been suspended or removed by Be Mixed for any reason (a “Member”). We reserve the right to revoke your account for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Accounts are void where prohibited by law.

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.

8.  Disclaimers

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.

9.  Indemnification

You agree to indemnify, hold harmless, and defend Be Mixed, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Website, your violation of these Terms or the Privacy Policy, content posted to the Website by you, or your violation of any law or the rights of a third party.

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:

Be Mixed
423 W. 55th Street
Floor 11
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.

14.  Enforcement

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.

15.  General

Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and Be Mixed with respect to the Website. Be Mixed may deny you access to the Website at any time, immediately and without notice, if in Be Mixed’s sole discretion you fail to comply with any provision of these Terms. If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any waiver of any breach by you or others of these Terms, or of any provision hereof, will only be effective if in writing and signed by Be Mixed. To contact us with any questions or concerns in connection with these Terms or the Website, or to provide any notice under these Terms, please refer to our Contact Us page.

Last Updated: July 31, 2014

© 2014 Be Mixed, Inc. All rights reserved.

 

PRIVACY POLICY

INTRODUCTION

Welcome to the Be Mixed website (the “Website”).  At Be Mixed we seek to provide you with an enjoyable shopping experience while maintaining your privacy.  The information that we may collect through the Website will allow us to enhance your shopping experience by catering to your personal preferences and providing effective customer service.  Please read this entire Privacy Policy, which will inform you as to the types of information we gather, as well as how we will use and protect such information.  By visiting the Website you are agreeing the terms of our Privacy Policy.  If you do not agree with our Privacy Policy, please do not access the Website.

INFORMATION COLLECTED

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.

COOKIES

A cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user returns.  Be Mixed uses cookies to help identify and track users, patterns of usage, interests, and access preferences.  Be Mixed also uses temporary “session” cookies to make sure that you are remembered as you navigate through various pages of the Website.  If you do not want to have cookies placed on your computer you can set your browser to refuse cookies before using the Website, with the drawback that certain features of the Website may not function property without the aid of cookies.

SERVER STATISTICS

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

We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system. The Website encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your personal information to the employees, officers, third-party contractors, and strategic partners of Be Mixed who need the information in order to perform their duties.   While no system is 100% secure, we believe that the measures we have implemented minimize the risk of security breach to an appropriate level given the types of information involved.

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.

EXTERNAL LINKS

We may provide links to the websites of other companies through our Website.  We are not responsible for how these other companies collect, use, disclose, or secure the information that you provide them. If you choose to access a third party website linked to our Website, you do so at your own risk and subject to any terms of service or privacy policy (if any) associated with such third party websites.

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

If you are visiting the Website from a location outside of the United States, you will be connected through and to servers located within the United States. All online orders will be accepted and fully processed in and shipped from the United States and all information you provide will be securely maintained on web servers and our internal systems located within the United States. By providing your information to us, you agree that all personal information will be used in accordance with this privacy policy and pursuant to U.S. law.

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

Be Mixed may change this Privacy Policy from time to time at our sole discretion. We encourage users to frequently check this page for any changes to this Privacy Policy. Your continued use of the Website and provision of any personal information after any change in this Privacy Policy will constitute your acceptance of such Privacy Policy change.  However, we will not use information previously provided to us except in accordance with the then-applicable Privacy Policy that was posted on the Website. If you have questions or suggestions regarding this Privacy Policy or our privacy practices please send an email message to info@be-mixed.com.

© 2014 Be Mixed, Inc.  All rights reserved.