Terms & Conditions
TERMS and POLICIES
Welcome to MixedNation.com! MixedNation.com provides its services to you subject to the following conditions. If you visit MixedNation.com, you accept these conditions. Please read them carefully.
PRIVACY
MixedNation.com respects the privacy of its members, visitors & customers. If you have any questions about the operation of our website, please write [email protected].
Our website collects names, email addresses, and other personal information from members, visitors and customers only when submitted via our newsletter subscription or Community/Forum registration. This data is used solely by MixedNation.com and is not shared, traded, or sold to third parties- unless members, visitors or customers opt to receive information from like-minded companies, in which case we share only names and email addresses.
Customers can edit their personal information by logging into the secured area of our site or by sending an email to request account changes to [email protected].
Our web-server also records IP addresses from all visitors to our site. An IP address is a number that is automatically assigned to your computer when you use the internet. We use IP addresses to help diagnose problems with our server, to administer our site, to analyze trends, to track user movement, and to gather broad demographic information- all for the purpose of continually improving our website and delivering personalized, custom content. IP addresses are not linked to personally identifiable information, and their collection is standard procedure in most web-server environments.
Our website contains links to other websites. Please note that when you click on one of these links, you are entering another website, for which MixedNation.com is not responsible.
By using MixedNation.com, you signify your agreement to our privacy policy as stated above. Note that this policy may be revised periodically without notice. Please re-read this policy prior to submitting any personal information if you have concerns about how your information is being collected and used.
Please review our Privacy Notice, which also governs your visit to MixedNation.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit MixedNation.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MixedNation.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MixedNation.com and protected by U.S. and international copyright laws. All software used on this site is the property of MixedNation.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MixedNation.com (and the name “Mixed Nation”), and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MixedNation.com or its affiliates in the U.S. and/or other countries. MixedNation.com’s trademarks and trade dress may not be used in connection with any product or service that is not MixedNation.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MixedNation.com. All other trademarks not owned by MixedNation.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MixedNation.com or its affiliates.
LICENSE AND SITE ACCESS
MixedNation.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MixedNation.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MixedNation.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MixedNation.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MixedNation.com’s name or trademarks without the express written consent of MixedNation.com. Any unauthorized use terminates the permission or license granted by MixedNation.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MixedNation.com so long as the link does not portray MixedNation.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MixedNation.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MixedNation.com does sell merchandise to adults, who can purchase with a credit or debit card. MixedNation.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MixedNation.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of MixedNation.com, or it’s agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant MixedNation.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MixedNation.com and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MixedNation.com or its affiliates for all claims resulting from content you supply. MixedNation.com has the right but not the obligation to monitor and edit or remove any activity or content. MixedNation.com takes no responsibility and assumes no liability for any content posted by you or any third party.
CONTRIBUTIONS TO MixedNation.com
From time to time, if ever, MixedNation.com may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MixedNation.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MixedNation.com shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) MixedNation.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of MixedNation.com without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from MixedNation.com under any circumstances.
COMMUNITY/FORUM
MixedNation.com has made a Community/Forum available that allows registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards, etc. (collectively “Community/Forum”). All participants in this Community/Forum are solely responsible for the information and other content they post on and through this Community/Forum and should be aware that when they voluntarily disclose personal information on or through this Community/Forum, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in this Community/Forum are encouraged to exercise discretion when providing personal information about themselves in and through our Community/Forum.
COPYRIGHT COMPLAINTS & INFORMATION
MixedNation.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
All images on MixedNation.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
Claims of Infringement
If you believe that any content appearing on MixedNation.com infringes on your copyright, please let us know. E-Mail [email protected]
following information to us and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that 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.
RISK OF LOSS
All items purchased from MixedNation.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
MixedNation.com and its affiliates attempt to be as accurate as possible. However, MixedNation.com does not warrant that product descriptions or other content of this site is completely accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by MixedNation.com on an “as is” and “as available” basis. MixedNation.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, MixedNation.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose. MixedNation.com does not warrant that this site, its servers, or email sent from MixedNation.com are free of viruses or other harmful components. MixedNation.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
NO ENDORSEMENTS
MixedNation.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does MixedNation.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of MixedNation.com.
EXTERNAL LINKS DISCLAIMER
MixedNation.com routinely contains links to external, third party websites. By providing links to other sites, MixedNation.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to MixedNation.com.
MixedNation.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to MixedNation.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
STANDARD CONTEST RULES
The following are the official rules for all contests/sweepstakes/giveaways on MixedNation.com, if any, unless otherwise noted.
Winners of all contests/giveaways will be chosen at random or based off of our voting system. Entrants must follow our entry form instructions. MixedNation.com is not responsible for and will not consider incomplete or incorrect entries for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses.
By participating in any contest or sweepstakes offered on our website or facebook page, you release MixedNation.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold MixedNation.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on MixedNation.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you;
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, MixedNation.com may substitute a prize of like or equal value. MixedNation.com reserves the right to alter any rules of any contest at anytime. MixedNation.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of MixedNation.com. By submitting any photo or information to MixedNation.com, you hereby grant to MixedNation.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to MixedNation.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo. By submitting any photo or information to MixedNation.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to MixedNation.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that MixedNation.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website. You understand and intend that any photo or information submitted by you to MixedNation.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to MixedNation.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of MixedNation.com, and MixedNation.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
APPLICABLE LAW
By visiting MixedNation.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MixedNation.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to MixedNation.com or to products you purchase through MixedNation.com shall be submitted to confidential arbitration in Reno, Nevada, except that, to the extent you have in any manner violated or threatened to violate MixedNation.com’s intellectual property rights, MixedNation.com may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO CONTACT US
