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Date of first publication: August 21st, 2017
MixR is a social network of local communities based around interests. Our Platform provides to its users the means to create groups and organize in-person MixR events, called mixrs. We hope that MixR Members everywhere around the world will use our platform to build stronger, safer and more supportive local communities, nurturing local-leadership talents and fostering new ways to solve old problems.
These Terms of Services describe your rights and responsibilities in using our Services, which means any website, mobile apps and service we may offer. They also describe what you can expect from us. BY CLICKING “I ACCEPT” OR BY OTHERWISE INDICATING THAT YOU AGREE, YOU ARE AGREEING TO THESE TERMS OF SERVICES, SO PLEASE TAKE A MOMENT TO READ THIS LEGALLY BINDING AGREEMENT BETWEEN YOU AND MIXR.
NOTE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY. YOU MUST BE AGE 13 OR OLDER TO USE THE SERVICE. IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’s PERMISSION TO USE THE SERVICE, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS OF SERVICE.
MixR is owned and operated by Statierra Corp. We use “MixR”, “We”, “Us”, “Our” to refer to Statierra Corp. The MixR.net website and mobile apps are also referred to as our “Services” or, interchangeably our “Platform” which provide you access to our services. We use “Group” or “Community” to refer to the groups based on interests created by MixR Members. We use “mixr” (small “m”, small “r”) to refer to the in-person live gathering organized within a group. We use the terms “You”, “Your”, “Member” or “User” to refer to any person using our Services, and any person using the Services on an organization’s behalf.
If you are using the Services for an organization, you agree to these Terms of Services on behalf of that organization. It means you have authority to bind, both on your behalf and on behalf of the organization you are acting for, to these Terms of Services. If you do not have authority or are unable to agree to these Terms of Services you cannot use our Services and you must cancel or delete your account.
Your use of the Services signifies that you agree to these Terms of Services.
As MixR grows, we might have to make changes to this these Terms of Services from time to time. This is why we reserve, at our sole discretion, the right to modify, revise or change these Terms of Services at any time. If we do so, we will publish the most current version on this page and will specify at the top of this page the date these Terms of Services were last revised. We will also notify you either through our Services, via email or through any other reasonable means. You should also regularly check this page for notice of any change. If you continue using our Services after the date changes become effective, this will constitute your acceptance of the new Terms of Services. If you do not accept any of the changes, you should (unfortunately for us!), stop using the Platform.
Because safety is very important to us, you are required to register and must use your real identity to access our Services. Our Services is available to anyone who is at least 13 years old. From 13 to 18 years old, you cannot create a group on your own, but you can be selected as a co-organizer by a group organizer, so you can start exercising your leadership abilities. You will need to wait until after 18 years old to create your own group.
Any additional eligibility requirements to join a group may be requested by a group organizer. To join a group or create a group, other members may have to approve of your joining and/or creating. MixR is not liable for the decisions of any other members. You acknowledge and agree that you may not be approved to join MixR and/or to create a group and MixR shall have no liability for such rejection from such joining and/or creating.
Because MixR is all about local live-communities and mutual trust and respect (see Community Guidelines), we require you to respect the MixR community in all published contents (texts, comments, photos, video, feedback and other content: collectively “Content”).
We want you to create as much Content possible and contribute to MixR thriving live-communities, but we have zero tolerance for any type of Contents which are:
You are solely responsible and liable for your Content. You agree that you and your Content shall not violate the rights of any third party; and that you will indemnify, defend, release, and hold us harmless from any claims made regarding your Content.
You retain all ownership rights to the texts, comments, photos, video, feedback and other Content you submit to MixR. However, you give us permission, in the form of a nonexclusive worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, copy and publish your Content in connection with our Platform. It looks like it is a lot, but this license only gives us the right to use your Content on MixR or anything related to our Platform.
As MixR is a public community, some of your Content may be seen by search engine and may appear in search results in some areas of our Platform. We have designed our Platform so that search engines can only partly or not access at all some areas of our Platform, such as private or secret groups.
We reserve the right to delete, edit, restraint or block access to any of your Content at any time. However, we are under no obligation to display or review your Content and we do not prescreen Content.
We have no control over the Content of other Members. When a Content or a Member is reported, we have the right to investigate and take appropriate action, but we do not take any responsibility for or are under no obligation to monitor the Content of other Members.
We warmly encourage you to read our Community Guidelines and our MixR Practices, as both these documents outline our expectations regarding the appropriate use of our Services and advise you on how to create a sense of community and security. While we hope all MixR Members will be graceful and grateful, we do not control and aren’t responsible for their actions. We are not a party to any offline arrangements made through our Services. We do not interview, run background checks on Members, and we do not verify the accuracy of statements made by Members. We are not a party to transactions or disputes between Members.
If you have a concern regarding another Member, you can report it to firstname.lastname@example.org or click on the “Report” button available to you throughout the Platform when logged in.
All Content that is not owned by you or another Member, belongs to us. That means that any other text, images, content, graphics, user interfaces, trademarks, logos, sounds, videos, artwork, and other intellectual property appearing on MixR are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use our Content, without the right to sublicense, under the following conditions: (a) you shall not use, sell, modify, or distribute our Content except as permitted by our Services; (b) you shall not use our name in metatags, keywords and/or hidden text; (c) you shall not create derivative works from our Content or commercially exploit our Content, in whole or in part, in any way; and (d) you shall use our Content for lawful purposes only. We reserve all other rights.
You also must protect your own privacy. Since we have no control over how other Members may use information you provide them, don’t forget to exercise your common sense when sharing information with other Members.
If we determine that you have not respected these Terms of Services, or any terms incorporated herein including our Community Guidelines, in order to protect the MixR community, our brand or our Services, we reserve the right, in our sole discretion, to modify, suspend or delete your account or your ability to access our Services at any time. Because MixR is promoting live-communities, we also may delete accounts of Members who are inactive for an extended period of time.
Some Members have specific rights to manage a particular portion of our Services (For example, group organizers or co-organizers). They too can modify, suspend, or delete your access to that portion of the Platform, in her or his sole discretion.
When you register, you are responsible for maintaining the confidentiality of your password and account. You alone are liable for anything that happens from your failure to maintain that security and confidentiality. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security.
We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.
MixR is currently free to use by Members and group organizers. But some group organizers may charge fees for their mixrs. The decision to charge a fee and the amount of those fees is at the discretion of the organizers. MixR is not involved in any dealings or payment between you and a third party. MixR reserves the right to impose a fee to use the Platform at any time and will provide you with notice of such fees.
Here again, you should use common sense in deciding whether to make a payment to an organizer or not. We cannot certify that organizers will handle your payment as they committed to or as you should expect. We encourage you to check the refund policy of the group before making any payments to an organizer.
You agree to release, indemnify, and hold harmless Statierra Corp. and its officers, employees, directors, Members, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (direct and consequential) arising out of or relating to your use of our Services, any user Content, your connection to our Services, Member interactions, or in connection with a group or a mixr, your violation of these Terms of Services, or your violation of any rights of another. You also agree not to hold us responsible for anything that happens related to transactions with third parties, Member interactions, or in connection with a group or a mixr.
You agree not to hold organizers responsible for their negligence in connection with their Content, a group or a mixr. You also agree to release organizers from claims based on an organizer’s negligence arising out of or in any way connected with their Content, a group, or a mixr. MixR does not endorse, sponsor or facilitate any meetings or mixrs that occur in person and you are responsible for your own safety. You should carefully consider any meetings and/or mixrs with other members.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranty that (a) our Services will meet your requirements (b) our Services will be uninterrupted, timely, or error free, (c) The results that may be obtained from the use of our Services will be accurate or reliable or (d) The quality of any products, services, information of other material purchased or obtained by you through our Service will meet your expectations.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STATIERRA CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT, (B) STATEMENTS OR CONDUCT OF OR TRANSACTIONS WITH ANY MEMBER OR THIRD PARTY ON THE PLATFORM, (C) YOUR USE OF OUR PLATFORM OR TRANSPORTATION TO OR FROM MIXRS, YOUR ATTENDANCE AT A MIXR, YOUR PARTICIPATION IN OR EXCLUSION FROM GROUPS OR MIXRS AND THE ACTIONS OF YOU OR OTHERS AT MIXRS, OR (D) ANY OTHER MATTER RELATING TO THE PLATFORM.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 AND THE FEES PAID TO US BY YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW DAMAGES EXCLUSIONS, SO THEY MAY NOT APPLY TO YOU.
The Services may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with the Services. If you decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and Statierra Corp. does not endorse, is not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. Statierra Corp. is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.
These Terms of Services are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. As used in this Arbitration Provision (“Arbitration Provision”), the terms “Statierra Corp.,” “we,” “us,” and “our” refer to Statierra Corp. Inc., including its subsidiaries and agents; The word “Claims” means all claims, disputes, or controversies between User and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Platform Services(s). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between User and Statierra Corp., User should first attempt to resolve it by contacting our Customer Service at the address or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, User agrees that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) User may assert Claims in a small claims court in the United States if User’s Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO USER ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THESE TERMS OF SERVICE AS A COURT WOULD. ANY ARBITRATION UNDER THESE TERMS OF SERVICES WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY STATIERRA CORP. IN WRITING WITHIN 30 DAYS FROM THE DATE THAT USER FIRST ACCEPTS OR HAS ACCESS TO THESE TERMS OF SERVICES BY MAILING OR EMAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. USER’S WRITTEN NOTIFICATION MUST INCLUDE USER’S NAME, ADDRESS, THE EMAIL ADDRESS USER USED TO REGISTER WITH STATIERRA CORP., AND A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. USER’S DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON USER’S RELATIONSHIP WITH US OR THE DELIVERY OF THE PLATFORM TO USER BY US. IF USER HAS PREVIOUSLY NOTIFIED US OF USER’S DECISION TO OPT OUT OF ARBITRATION, USER DOES NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association (“AAA”) rules which limit the amount a consumer is required to pay. If the arbitrator determines that User’s Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse User the amount of all filing, administration and arbitrator fees User is required to pay for the arbitration. Arbitration Rules. The arbitration will be conducted by the “AAA” under its rules if User is a resident of the United States; if User’s use of the Platform Services has been principally for personal or household use, the AAA’s Supplementary Procedures for Consumer-Related Disputes will also apply. If User is a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution with venue in Los Angeles, California, USA, under its rules for international arbitration. The Parties agree to submit to the personal jurisdiction of the U.S. federal court for the Northern District of California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within thirty (30) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879 from inside the United States or +1-212-484-4181 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, User must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org . Time Restriction. USER MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR USER WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for User. The arbitration can only decide Claim(s) between User and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act. Enhanced Recovery. If the arbitrator rules in User’s favor on the merits of any Claim brought against us and issues a damages award in User’s favor that is greater in monetary value than our last written settlement offer made before written submissions are made to the arbitrator, then when the judgment is final we will pay User the damage award judgment plus fifty percent (150%) up to US$1,000 over and above the damages award, plus User’s reasonable attorneys’ fees for the arbitration proceeding. Confidentiality. User and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to User’s or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law. Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of User’s access to or use of any Platform Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Statierra Corp. Address:
Statierra Corp. d/b/a/ MixR
200 South Barrington
Los Angeles, CA 90049
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials to Statierra Corp. as set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Services.
Notification: Statierra Corp. respects the intellectual property rights of others, and we require you to do the same when using Statierra Corp. website and services.
Statierra Corp. may, in appropriate circumstances and at our discretion, terminate service and/or access to this website or services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please provide Statierra Corp.’s designated agent the following information:
By mail or email:
Statierra Corp. d/b/a/ MixR
200 South Barrington
Los Angeles, CA 90049
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification: If you are a user who posted allegedly infringing material and who received notification to that effect from Statierra Corp., you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
By mail or email:
ATTN: Legal/Arbitration Statierra Corp. d/b/a/ MixR
200 South Barrington
Los Angeles, CA 90049
These Terms of Services do not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of these Terms of Services shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. These Terms of Services are governed by California laws. Provisions that, by their nature, should survive termination of these Terms of Services shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us. You may not assign, delegate or transfer these Terms of Services or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Statierra Corp.’s prior written consent. We may transfer, assign, or delegate these Terms of Services and our rights and obligations without consent.
Thank you for taking the time and effort to read our Terms of Services.
Please report any violations of these Terms of Services by a Member or third party by sending an email to email@example.com.