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Miixx iOS App

MIIXX TERMS OF SERVICE

 

1. TERMS USED IN THIS DOCUMENT

This page (together with the documents referred to on it) (“Terms”) tells you the terms of service on which you may make use of our website www.miixx.com including any future releases, updates, or other additions to functionality (“Miixx Website”) and our applications for mobile devices that can be downloaded from the Apple iTunes Store including any future releases, updates, or other additions to functionality ("iTunes Sourced App"). The Miixx Website and iTunes Sourced App are together our (“Products”). Please read these Terms of use carefully before you start to use the Products. By using our Products, you indicate that you accept these Terms of use and that you agree to abide by them. If you do not agree to these Terms of use, please refrain from using our Products.

2. INFORMATION ABOUT US

2.1 Our Products are operated by Lightmatch Limited ("We"). We are registered in England and Wales under company number 7188251 and have our registered office at 2nd floor 145-157 St John Street London EC1V 4PY England. Our VAT number is 124892403

2.2 We are a Limited company.

2.3 If you wish to contact us, please see our contact page.

3. ACCESSING OUR PRODUCTS

3.1 Access to our Products is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Products without notice (see below). We will not be liable if for any reason our Products are unavailable at any time or for any period.

3.2 Access to some most parts and features of our Products is restricted to users who have registered with us.

3.3 If you register an account with us using our Products (“Miixx Account”) you represent and warrant that:

3.3.1 you are over 18 years of age;

3.3.2 all required registration information you submit is truthful and accurate;

3.3.3 you will update such information in order to maintain its accuracy; and

3.3.4 your use of our Products does not violate any applicable law or regulation or these Terms.

3.4 You agree not to disclose to any third party and are responsible for maintaining the confidentiality of your Miixx Account login information (including your username and password) and are fully responsible for all activities that occur under your Miixx Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Miixx Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the requirements of this clause 3.4. We will protect your Miixx Account information in accordance with the Privacy Policy. We have the right to disable your Miixx Account, if in our opinion you have failed to comply with any of the provisions of these Terms.

3.5 You may de-activate your Miixx Account at any time.

3.6 When using our Products, or products and services from our Partner Merchants, you must comply with the provisions of our Acceptable Use Policy as set out in clause 8 below. You are responsible for making all arrangements necessary for you to have access to our Products. You are also responsible for ensuring that all persons who access our Products through your internet connection are aware of these Terms, and that they comply with them.

3.7 We may suspend or terminate your rights to use our Products (including your Miixx Account) for any reason at our sole discretion, including for any use of our in violation of our Terms or if we believe you are younger than 18. Upon termination, your Miixx Account and right to access and use our site will terminate immediately. You understand that any termination of your Miixx Account involves deletion of your User Content (as defined below) associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of your Miixx Account or deletion of your User Content.

4. APPROVED PARTNER MERCHANTS

Approved partner merchants (“Partner Merchants”) make their products available to us and details of them are available by using our Products. It is possible to purchase a product from Partner Merchants as a result of a direct referral through our Products (a “Purchase”),

Any Purchase you make through a Partner Merchant or your dealings with Partner Merchants or other third parties via our Products, including third party websites or mobile applications accessed via links on our Products, are solely between you and the Partner Merchants or that third party. As such, when you make any Purchase through a Partner Merchant or engage in a transaction with a third party or access a third party's website, you do so under their terms and policies, not ours. Complaints, questions and claims related to the Purchase or transactions with any third party should be directed to the Partner Merchant or that third party.

We make no warranties regarding and shall not be liable or responsible to you (whether in contract, tort or otherwise) for your use of, the quality or late delivery of the products or the goods or services of a third party or for honouring (or to cause any a Partner Merchant to honour) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to any Product or good or service offerings promoted or available through our Products.

5. APPLE iTUNES STORE

You acknowledge and agree that your use of the iTunes Store Sourced App must comply with the App Store terms of service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.

Without limiting any of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership. We are the owner or the licensee of all intellectual property rights in our Products (excluding User Content as defined below), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 Licence. Subject to our Terms you may, for your personal and non-commercial purposes:

6.2.1 Contribute content to our Products, provided it is in accordance with clauses 6 and 7;

6.2.2 Print off copies, and may download extracts, of any page(s) from our Products for your personal reference and you may draw the attention of others to material posted on our Products, provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text and that our status (and that of any identified contributors) as the authors of material on our Products is always acknowledged and all copyright and other proprietary notices on our Products content must be retained on any copies

6.3 Certain Restrictions. The rights granted to you pursuant to our Terms are subject to the following restrictions:

6.3.1 you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Products;

6.3.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Products;

6.3.3 you shall not access our Products in order to build a similar or competitive service; and

6.3.4 except as expressly stated herein, no part of our Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. when a user posts activity to Facebook/Twitter the image is upload to Facebook/Twitter site. Therefore, a user would breach this rule if they used that facility

7. USER CONTENT

7.1 User Content. “User Content” of our Products means any and all information and content on our Products generated, submitted, contributed or made available by the users on our Products (for example, a user profile, comments, images, photographs, posts and forums). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided by our Products, however, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Products. You are solely responsible for your User Content and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to make your User Content available on our Products as described herein and (ii) your User Content does not violate our Acceptable Use Policy (as set out in clause 8) and you indemnify us for any breach of these warranties (and we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our conduct of these proceedings and you agree not to settle any matter without our prior written consent).

7.2 You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with the Privacy Policy.

7.3 License. By generating, submitting or making available your User Content using our Products, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content on our Products. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Any material you upload to our Products will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Products constitutes a violation of their intellectual property rights, or of their right to privacy.

7.4 Other Users. Each user of our Products is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. If there is a dispute between you and any other user of our Products, we are under no obligation to become involved.

8. ACCEPTABLE USE POLICY. The following sets forth our “Acceptable Use Policy”:

8.1 You agree not to use our Products to collect, upload, transmit, display, or distribute any User Content that:

8.1.1 is not accurate (where facts are stated);

8.1.2 is not genuinely held (where opinions are stated);

8.1.3 does not comply with applicable law in the UK and in any country from which they are posted;

8.1.4 contains any material which is defamatory of any person;

8.1.5 contains any material which is obscene, pornographic, offensive, hateful or inflammatory;

8.1.6 promotes sexually explicit material;

8.1.7 promotes violence;

8.1.8 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.1.9 infringe any copyright, database right, trade mark or other intellectual property right of any other person;

8.1.10 is likely to deceive any person;

8.1.11 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.1.12 promotes any illegal activity;

8.1.13 is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8.1.14 is likely to harass, upset, embarrass, alarm or annoy any other person;

8.1.15 discloses personal information about anyone or identifying anyone without their consent;

8.1.16 is used to impersonate any person, or to misrepresent your identity or affiliation with any person;

8.1.17 gives the impression that they emanate from us, if this is not the case; or

8.1.18 advocates, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

8.1.19 attempt to access Miixx data in any other way than by using our Products in the intended way;

8.1.20 might cause problems for our Partner Merchants.

8.2 In addition, you agree not to use our Products to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to our Products or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorised access to our Products, other computer systems or networks connected to or used together with our Products, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of our Products.

8.3 We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of our Terms, including removing or modifying your User Content, terminating your Miixx Account in accordance with clause 3.7, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole discretion, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas/summons or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your Miixx Account username and password, IP address and traffic information, usage history, and your User Content.

9. LIMITATION OF OUR LIABILITY

9.1 The material displayed on our Products is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

9.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

9.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Products or in connection with the use, inability to use, or results of the use of our Products, any websites linked to it and any materials posted on it, including, without limitation any liability for: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

9.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Products or to your downloading of any material posted on it, or on any website linked to it.

9.4 LIGHTMATCH, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIGHTMATCH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

LIGHTMATCH, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

LIGHTMATCH, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH SERVICES, MATERIAL OR DATA.

9.4 LIMITATION OF LIABILITY : TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIGHTMATCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LIGHTMATCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £50 (FIFTY POUNDS STERLING) OR THE AMOUNTS PAID BY YOU TO LIGHTMATCH FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

9.5 LIMATATIONS BY APPLICABLE LAW: CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION APPLICABLE TO YOU.

9.6 CLAIMS: YOU AND LIGHTMATCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR PRODUCTS

We process information about you in accordance with our Privacy Policy, which is hereby incorporated into our Terms. By using our Products, you consent to such processing and you warrant that all data provided by you is accurate.

11. LINKS FROM OUR PRODUCTS

Where our Products contain links to other web sites or mobile applications and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. TRADEMARKS

“Lightmatch” and “Miixx” are copyrights and trademarks owned by Lightmatch.

13. ENTIRE AGREEMENT.

Our Terms (which include the Privacy Policy and any other rules posted on our Products) constitute the entire agreement between you and us regarding the use of our Products. Our failure to exercise or enforce any right or provision of our Terms shall not operate as a waiver of such right or provision. The section titles in our Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of our Terms is, for any reason, held to be invalid or unenforceable, the other provisions of our Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your rights and obligations pursuant to these Terms, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Our Terms of shall be binding upon your assignees.

14. JURISDICTION AND APPLICABLE LAW

14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Products although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

14.2 Our Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. VARIATIONS

We may revise the Terms of use as detailed here at any time by amending this page. You are expected to check this Terms & Conditions page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our Products. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Products. Any material changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Products. These changes will be effective immediately for new users of our Products. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. The continued use of our Products following notice of such changes shall indicate that you acknowledge such changes and agree to be bound by the Terms and conditions of such changes.

16. YOUR CONCERNS

If you have any concerns about material which appears on our Products, please contact us at info@miixx.com

Thank you for using our Products.