Acceptance of Terms
This document sets forth the legally binding terms of your use of the website at www.mixsantafe.com (“the Site”). By using the Site, including but not limited to browsing the Site, creating a profile, and creating or contributing content to a project on the Site, you agree to be bound by the terms laid out herein.
As a condition of your use of certain aspects of the Site, you will be required to register with the Site select a password and screen name (“User ID”). In selecting a User ID, you shall not use the name of another person with the intent to impersonate that person, or use a name that is otherwise offensive, vulgar or obscene. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You agree to never use another user’s account without such other user’s express permission.
Rules of Conduct
As a condition of your use of the site you shall not, nor shall you permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information; or
- impersonates any person or entity.
Additionally, you shall not:
- take any action that imposes or may impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- bypass any measures that we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- run any form of auto-responder or “spam” on the Site; or
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall abide by all applicable local, state, national and international laws and regulations.
Intellectual Property Rights
You retain sole ownership of any Content that you add or upload to the Site. However, you hereby grant to MIX the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) modify, reproduce, and prepare derivative works of your Content, and to display, distribute, and present said Content, to advertise the Site and its services, and to demonstrate outcomes of the Site’s existence to interested parties.
Rights Reserved by MIX and Limitation of Liability
MIX does not, nor does any party affiliated with MIX, guarantee that any service, information, or functionality will be made available on the Site. There is no obligation to monitor the Site, however, MIX and its affiliates reserve the right to remove, edit or modify any Content at our sole discretion from the Site at any time, without notice to you and for any reason that MIX deems appropriate, as well as the right to remove or block any users from the Site.
MIX is not liable, nor is any party affiliated with MIX, for interactions with or between any organizations and/or individuals found on or through the Site. MIX does not oversee the development or implementation of projects. MIX is not, nor is any party affiliated with MIX, responsible for any damage or loss incurred as a result of use of the Site, nor is there any obligation to become involved in disputes resulting from use of the Site. All dealings are solely between independent organizations and/or individuals. In the event of a dispute, MIX is, as are any parties affiliated with MIX, released from claims, damages and demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Site.
Use of the Site is solely at the user’s own risk. MIX does not warrant, nor does any party affiliated with MIX, that the Site will be secure or available at any time or from any location, that any defects or problems with the Site will be repaired, that the Site is free of viruses or other harmful components.
Users shall indemnify and hold harmless MIX, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to any users use or misuse of, or access to, the Site.