TERMS OF SERVICE
The following terms of service (these “Terms”) apply to anyone who visits this website (“Site”) and/or uses any of GameMix.com services made available via the Site (collectively, with the Site, the “Services”). If you do not agree to all of these terms, please do not use the Site or the Services. BY ACCESSING THE SITE OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY THE AGREEMENT.
In addition to these Terms, your agreement with GameMix.com may also include the specific additional terms and policies that apply to the Services you use. Throughout, whenever we refer to the “Agreement” we mean these Terms and the applicable additional terms, including:
2. Accounts. GameMix.com may provide the ability for you to create an account, and may require, as a condition of using such account with the Services, that you supply certain registration information. You are responsible to protect the confidentiality of your account information and password. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. We may, in our sole discretion, terminate your account or modify any account related information and materials or access or take any other action we deem appropriate. You may not open a new account without our written permission if we have terminated your account or suspended your access to the Services. When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. We may delete or archive these things at our discretion.
3. Third-party Technologies. You acknowledge and agree that GameMix.com is not responsible for examining or evaluating any aspect of any third-party services, applications or websites (collectively “Third Party Apps”) including those that use the Services. We make no representations or endorsements regarding those Third Party Apps, including without limitation as to their quality, accuracy, completeness, copyright compliance, legality, decency, reliability, security or any other aspect. We expressly disclaim any responsibility for all aspects of the Third Party Apps. In addition, the Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that GameMix.com is not responsible for the availability of such websites or resources, and GameMix.com does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that GameMix.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource.
4. Restrictions: Things You Cannot Do.
- Give false information to us or anyone else in connection with your use of the Services.
- Copy, modify, lease, sell, distribute, create derivative works from the Services; or use the Services for any purpose not explicitly authorized.
- Copy, display or use our trademarks.
- Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute content from the Service without our express written permission.
- Use the Services if you are not legally permitted to do so (e.g., subscribe to Services if you are under 18 years of age).
- Anything we ask you not to do.
5. Changes. We are constantly evolving the Services. This means that we may change, restrict or discontinue, without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these Terms. We may make changes by posting the changed terms on the Site. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.
6. Ownership. The Service, other than third party trademarks and Third Party Apps, including text, software, concepts, methods, scripts, graphics, photos, sounds, music, videos, interactive features and the like are owned by GameMix.com and its suppliers. GameMix.com. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.
7. Representations and Warranties. You represent and warrant that: (a) in connection with any Third Party App used in connection with the Service, you own all rights in such Third Party Apps or alternatively, you have acquired all necessary rights to use such Third Party App in connection with the Services (b) all materials and information you supply to GameMix.com, including as to any use of Third Party Apps, do not and will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third-party rights (including intellectual property and privacy rights), and is not otherwise libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (c) your materials do not contain a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, interfere with or expropriate any system, data or information.
8. Indemnity, Disclaimers and Limits on Liability
8.1. You will indemnify, defend, and hold harmless GameMix.com, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Services (including without limitation the software that is a part of the Services) or the Agreement. This includes but is not limited to Liabilities arising out of or relating to your use of the Services, any use of your account by you or anyone else, any content you receive through the Services, claims of intellectual property or other third-party rights infringement, and taxes. GameMix.com reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8.2. GAMEMIX.COM PROVIDES THE SERVICES AND ANY SOFTWARE DOWNLOADED FROM THE SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. GAMEMIX.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND FOR ANY DOWNLOADS MADE FROM THE SERVICES. GAMEMIX.COM MAKES NO WARRANTY THAT THE ANY SOFTWARE DOWNLOADED FROM THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR FREE, NOR DOES GAMEMIX.COM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. GAMEMIX.COM IS NOT RESPONSIBLE FOR ANY CONTENT ACCESSED THROUGH THE R SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMEMIX.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WHATSOEVER SHALL GAMEMIX.COM, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, OR DAMAGES FOR CONTENT, OR RELATING TO DOWNLOADING SOFTWARE, SERVICES OR POSTING CONTENT, THE INABILILTY TO USE THE SERVICES, ANY CONDUCT BY A THIRD-PARTY ON, OR THIRD-PARTY CONTENT ACCESSED THROUGH, THE SERVICES, OR ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT(ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. GAMEMIX.COM NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. GAMEMIX.COM’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Local Laws; Export Control. GameMix.com controls and operates the Services from its headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws..
10. Feedback. We do not want to receive from you information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution or other duty to you.
This Agreement will not be construed against either party as the drafter. We will be entitled to recover any legal fees and other costs associated with enforcing the Agreement. You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Agreement, the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later. The Agreement is the entire agreement between you and GameMix.com and it replaces any other agreement between us on this subject.