The gist
We (the folks at mixin) run a service called mixin.com and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your agenda as possible and encourage you to express yourself freely. However, be responsible in what you post. In particular, make sure that none of the prohibited items listed below appear on your agenda or get linked to from your agenda (things like spam, viruses, or hate content).
(Note, we’ve used the Terms of Services of Wordpress.com as basis for these Terms of Services. We would like to thank the folks at Automattic for sharing these precious informations.)
Main Features of the Service and the Software
The main features of the Service let you:
- post availabilities, whishes, localization, propositions and plans updates to your timeline at www.mixin.com using the mixin Website, by text message from a mobile phone, by email or by Instant Messaging
- add other mixin members as your contacts and subscribe to their timeline updates
- browse the timeline updates of your contacts and other mixin members who have designated their timeline as public
- configure mixin to automatically fetch your personal web feeds (weblogs, photos, videos, and other RSS or Atom feeds) and display their title, headlines, and a summary of their content in your events stream.
Terms of Service
The following terms and conditions govern all use of the mixin.com website and all content, services and products available at or through the website (the Website). The Website is owned and operated by mixin, Inc. (“mixin”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, mixin’s Privacy Policy) and procedures that may be published from time to time on this Site by mixin (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by mixin, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your mixin.com Account and Site. If you create an agenda on the Website, you are responsible for maintaining the security of your account and agenda, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the agenda. You must not describe or assign keywords to your agenda in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and mixin may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause mixin liability. You must immediately notify mixin of any unauthorized uses of your agenda, your account or any other breaches of security. mixin will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an agenda, comment on an agenda, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by mixin or otherwise.
- you won’t harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- you won’t register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- you won’t impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- you won’t solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- you won’t use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- Responsibility of Website Visitors. mixin has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, mixin does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. mixin disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mixin.com links, and that link to mixin.com. mixin does not have any control over those non-mixin websites and webpages, and is not responsible for their contents or their use. By linking to a non-mixin website or webpage, mixin does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. mixin disclaims any responsibility for any harm resulting from your use of non-mixin websites and webpages.
- Charge. You can use the Service free of charge. You will, however, have to pay for any and all network data charges that may be incurred when use the Service. To enable us to keep the Service, you accept ("opt-in") that we may display and send to you targeted advertisements on or through the Service, Instant Messaging or SMS. In the future, we may also offer you with premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms of Use, also additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the mixin web site.
- Share Link. The mixin service makes it possible to content hosted on mixin.com to outside websites. This use is accepted. However, pages on other websites which display data hosted on mixin.com must provide a link back to mixin.
- Confusion. You must not modify, adapt or hack mixin.com or modify another website so as to falsely imply that it is associated with mixin.com.
- Reclaim. We reserve the right to reclaim usernames on behalf on business or individuals that old legal claim or trademark on those usernames.
- Copyright Infringement and DMCA Policy. As mixin asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mixin.com violates your copyright, you are encouraged to notify mixin in accordance with mixin’s Digital Millennium Copyright Act (”DMCA”) Policy. mixin will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of mixin or others, mixin may, in its discretion, terminate or deny access to and use of the Website.
- Intellectual Property. This Agreement does not transfer from mixin to you any mixin or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with mixin. mixin, mixin.com, the mixin.com logo, and all other trademarks, service marks, graphics and logos used in connection with mixin.com, or the Website are trademarks or registered trademarks of mixin or mixin licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any mixin or third-party trademarks.
- Changes. mixin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. mixin may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. mixin may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mixin.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. mixin and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither mixin nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will mixin, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data. mixin shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the mixin Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Switzerland or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless mixin, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between mixin and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of mixin, or by the posting by mixin of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Switzerland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Switzerland. You submit to the exclusive jurisdiction of the Swiss courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Switzerland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; mixin may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Privacy Policy
Your privacy is critically important to us. At mixin we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services.
- In our agenda product, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.
Below is our privacy policy which incorporates these goals:
(Note, we’ve used the Privay Policy of Automattic as basis for this Privay Policy. We would like to thank the folks at Automattic for sharing these precious informations.)
mixin Inc. (“mixin”) operates mixin.com. It is mixin’s policy to respect your privacy regarding any information we may collect while operating our website.
Website Visitors
Like most website operators, mixin collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. mixin’s purpose in collecting non-personally identifying information is to better understand how mixin’s visitors use its website. From time to time, mixin may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
mixin also collects potentially personally-identifying information like Internet Protocol (IP) addresses. mixin does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to mixin’s websites choose to interact with mixin in ways that require mixin to gather personally-identifying information. The amount and type of information that mixin gathers depends on the nature of the interaction. In each case, mixin collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with mixin. mixin does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
mixin may collect statistics about the behavior of visitors to its websites. For instance, mixin may monitor the most popular agenda on the mixin.com site. mixin may display this information publicly or provide it to others. However, mixin does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
mixin discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on mixin’s behalf or to provide services available at mixin’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using mixin’s websites, you consent to the transfer of such information to them. mixin will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, mixin discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when mixin believes in good faith that disclosure is reasonably necessary to protect the property or rights of mixin, third parties or the public at large. If you are a registered user of an mixin website and have supplied your email address, mixin may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with mixin and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. mixin takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. mixin uses cookies to help mixin identify and track visitors, their usage of mixin website, and their website access preferences. mixin visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using mixin’s websites, with the drawback that certain features of mixin’s websites may not function properly without the aid of cookies.