MIXCHATS - TERMS OF USE

User Conduct Rules - You agree not to do any of the following: Post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that:(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;(iii) is fraudulent, false, misleading or deceptive;(iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive;(v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; Nudity on our MixChats video chat platform is NOT allowed.

Graphic or illegal content is not allowed anywhere in this site. You will be banned.

  1. Do NOT post links to other chat sites.

  2. Bully, abuse, harass, stalk, demean, threaten or discriminate against others;

  3. Discuss illegal activity.

Personal Safety

MIXCHATS STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS PLATFORM. Your safety and security are very important to us. The nature of this platform promotes the sharing of personal information by users with other users. MixChats cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via our Contact Us page so that we may take appropriate action to block further use of the platform by any user who is using this platform and information obtained from it for improper purposes.

  1. By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.

  2. Ask for or offer sexually explicit images, and/or material harmful to children;

  3. Use, display, mirror or frame the Site, or any individual element within the Site, MixChats’s name, any MixChats trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MixChats’s express written consent;

  4. Access, tamper with, or use non-public areas of the Site, MixChats computer systems, or the technical delivery systems of MixChats providers;

  5. Attempt to probe, scan, or test the vulnerability of any MixChats system or network or breach any security or authentication measures;

  6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MixChats or any of MixChats’s providers or any other third party (including another user) to protect the site, services or content;

  7. Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MixChats or other generally available third party web browsers;

  8. Send or broadcast any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  9. Use any meta tags or other hidden text or metadata utilizing a MixChats trademark, logo URL or product name without MixChats’s express written consent;

  10. Use the site, services or content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

  11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, services or content to send altered, deceptive or false ource-identifying information;

  12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site, services or content;

  13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

  14. Collect or store any personally identifiable information from the site or services from other users of the site or services without their express permission;

  15. Impersonate or misrepresent your affiliation with any person or entity;

  16. Violate any applicable law or regulation;

  17. Record or otherwise store any video or audio that you perceive or receive through the Site or Services, or record or otherwise store any video or audio interactions you conduct with another Member or user; or

  18. Encourage or enable any other individual to do any of the foregoing.

Account Registration

In order to access MixChats’ Services, you must register through your Facebook account. MixChats reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

Interactions with Other Users; Criminal Background Screenings

You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, MIXCHATS DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. MixChats RESERVES THE RIGHT TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES), HOWEVER, IN ITS SOLE DISCRETION. MixChats does not make any representations, warranties or guarantees as to the conduct of its users or their compatibility with you.

You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules.

Account Security

You understand that you are fully responsible for all activities that occur under your Facebook account. You agree (a) to immediately notify MixChats if you suspect any unauthorized use or any other breach of security, (b) to ensure that you exit from your Facebook account at the end of each session, (c) not to use the Facebook account, profile, Facebook username or password of any other user and (d) to use particular caution when accessing your Facebook account from a public or shared computer so that others are not able to view or record your Facebook password or other personal information. You acknowledge that MixChats is not responsible for any loss or damage arising from the theft or misappropriation of your Facebook username or password.

Termination of Account

You agree that MixChats may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Reasons for termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of USe, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the interests of MixChats.

If MixChats believes, in its sole discretion, that a violation of these Terms or any other illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your MixChats account at any time and for any reason by sending an email to info@MixChats.com. Any suspension, termination, or cancellation shall not affect your obligations to MixChats under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Intellectual Property & Content

MixChats owns the Site and the Platform, including all worldwide intellectual property rights in the Site, Platform and Services, and the trademarks, service marks, and logos contained therein. MixChats hereby grants you a limited, revocable, non sublicensable license to use the Services solely for your personal use. Except as expressly permitted herein or on the Site, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Platform Content or Services.

Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Site and the Platform including as such content is posted to third party websites and including User Content (as defined below), as applicable. MixChats reserves the rights to remove and permanently delete any Content from the Site without notice.

You acknowledge that you do not rely on MixChats to monitor or edit the Site or the Service and that the Site or the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

You do not acquire any ownership rights by using the Service, downloading material from the Service.

User Content

The Site, the Platform and the Services provide you with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, graphics, text and other materials (collectively “User Content”). User Content that from your Facebook, including any User account profile, may potentially contain personally identifiable information. Any User Content you create, transmit or submit using the Platform, the Site or the Services will be treated as non-confidential and non-proprietary and may be disseminated by MixChats without any compensation to you. You grant MixChats and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, promote, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any such User Content on, through or in connection with the Site, the Platform or the Services in any media formats and through any media channels, including without limitation, for commercially promoting the Site, the Platform and the Services.

MixChats has no obligation to accept, display, review or maintain any User Content. MixChats reserves the right to treat User Content as content stored at the direction of users for which MixChats will not exercise editorial control except when violations are directly brought to MixChats' attention. MixChats has the right to edit, delete, distort or move User Content from the Site, Platform or Services without notice for any reason at any time.


You are fully and solely responsible for anything you create, transmit, submit or post, and represent and warrant that such User Content complies with all applicable law and does not infringe third party intellectual property rights. MixChats has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

Disclaimers & Disclaimer of Warranty

Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Platform, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from MixChats. MIXCHATS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. MIXCHATS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT, PLATFORM, AND SERVICES; OR (II) THAT THE SITE, PLATFORM AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE, PLATFORM AND SERVICES.

MixChats is not responsible for any incorrect or inaccurate Content posted on the Site, in connection with the Services, or on any third party website, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. MixChats is not responsible for any User Content transmitted, posted or broadcast through the Site or the Services. MixChats takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from MixChats, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

MixChats assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. MixChats is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall MixChats be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, from any User Content transmitted, posted or broadcast on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.

IN NO EVENT SHALL MIXCHATS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MIXCHATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

However, MixChats shall not be responsible for any hackers or other third party attempts to circumvent MixChats security measures.

Indemnification

You agree to defend and indemnify MixChats and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Platform, or Services; (ii) your creation, transmission, posting or broadcast of Content or User Content, or (iii) your violation of any of these Terms.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that MixChats is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MixChats of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@mixchats.com.

Information Storage

If you choose to uninstall MixChats, MixChats maintains the right to keep your personal data (such as email address, full name, age, birthdate and gender) in its database.