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Last updated: April 26, 2008
Welcome to the Mixtur Interactive Inc. Website ("Site"). We hope that you
find the information on the Site useful and informative. BY USING THE
SITE, YOU ACCEPT AND AGREE TO ABIDE BY ALL OF THESE TERMS OF USE. IF YOU DO NOT
ACCEPT ANY OF THESE TERMS, DO NOT USE THE SITE.
Ownership
Mixtur Interactive Inc. ("Mixtur") owns the Site and all of its contents,
including but not limited to text, graphics, white papers, and data sheets
("Content"). United States copyright and trademark law, and international treaty
provisions, protect Mixtur's rights in the Content.
Use
You may access, browse, and use the Site and make a reasonable number of paper
copies of the Content for your own personal non-commercial use, provided that
you keep intact all copyright and other proprietary notices and do not modify
any Content.
Limitations
You may not, without our express permission, use the Content in any other way
for any other purpose, including but not limited to: modifying, uploading,
posting, adapting, editing, republishing, displaying, using for commercial
purposes, performing, selling, licensing, creating derivative works of, or
transmitting it. You may not reverse-engineer, decompile, disassemble, or
otherwise alter the Site or the Content, or otherwise attempt to discover the
source code or structural framework thereto. You also may not misrepresent
personal information that you provide to us or act in a manner inconsistent with
or in violation of any applicable local, state, federal or other applicable U.S.
or foreign law, statute, regulation, directive or ordinance.
Links
As a service to you we provide links to other Websites, but we do not endorse
them. Since we do not control these Websites, they operate under different
policies than our own, so we are not responsible for any harm of any kind that
may arise from using them.
Laws and Access
These Terms of Use shall be governed by the laws of the State of Washington,
excluding its conflict of law rules. The federal and state courts located within
Washington shall have exclusive jurisdiction over any disputes arising out of or
relating to your use of the Site or these Terms of Use, and you hereby
irrevocably submit to the personal jurisdiction of such courts. If you access
the Site from other locations, you are responsible for complying with applicable
local laws. We make no representation that the Content is appropriate or
available for use in other locations, and access to the Site from jurisdictions
where the Content may be illegal is prohibited. We reserve the right in our sole
discretion to refuse or terminate access to the Site by you at any time.
Contracts
The Content is provided for information purposes only. It shall not be construed
as an invitation to enter into a contract with us.
NO WARRANTIES
THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NONINFRINGEMENT. MIXTUR
DOES NOT WARRANT THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT IT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS WHOLLY AT YOUR OWN
RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MIXTUR BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHERWISE, THAT MAY
RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT, OR ANY
LINKS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, RELIANCE, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF MIXTUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS
WHICH DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, MIXTUR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Submissions of Information
If you submit any personally identifiable information, we will treat such
information in accordance with our Privacy Policy. If you submit any other
information, including but not limited to copyrightable material, ideas,
concepts, know-how, business methods, inventions, discoveries, improvements or
techniques ("Intellectual Property"), you hereby grant Mixtur a worldwide,
nonexclusive, perpetual, royalty-free license (with right to sublicense) to use,
modify, publish, display, copy, reproduce, perform publicly, and create
derivative works of such Intellectual Property. You may not submit or transmit
to or from the Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic, suggestive, inflammatory or profane material, or any other
material that could give rise to any civil or criminal liability under the law.
Revisions
We may update the Site, and these Terms of Use, from time to time. By using the
Site following such changes, you accept and agree to abide by all such changes.
Trademarks
Mixtur™ is a trademark of Mixtur Interactive, Inc. Other trademarks are
the property of their respective owners.
Miscellaneous
These Terms of Use constitute the entire agreement between you and Mixtur with
respect to the Site, and replace all prior or contemporaneous understandings or
agreements, written or oral, regarding the Site. If any provision of this
Agreement or portion thereof is held invalid or unenforceable, such provision or
portion thereof shall be deemed severed, and the remainder of this Agreement
shall remain in full force and effect. The failure by us to insist upon or
enforce strict performance of any provision of these Terms of Use by you or
others will not be construed as a waiver of any provision of these Terms of Use
or of our rights. You may not assign or transfer these Terms of Use or any
rights hereunder, and any attempt to the contrary is void. The Terms of Use will
inure to the benefit of Mixtur and its successors and assigns. We reserve all
rights not expressly granted herein.
Copyright Notice
© 2008 Mixtur Interactive Inc. All rights reserved.
Contact
If you have any questions about these Terms of Use you can contact us at:
Mixtur, Inc.
900 Winslow Way East, Suite 100
Bainbridge Island, WA 98110
Email:
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Phone: 206.965.9505
Fax: 206.965.9507
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