Please read the following terms of
service (the “Terms”) carefully. This is a binding agreement between
Freemixx Inc. (“Freemixx” or “we”) and its users and visitors (“User,” “Users,”
or “you”) By using the remixing tools on Freemixx.com or associated sites (the
“Service”), you agree to abide by these Terms. These Terms may be amended from
time to time at Freemixx’s sole discretion. Freemixx will publish amendments to
these terms within the Service, and continued use of the Service indicates
assent to the modified terms. Should you disagree with these Terms, your sole
recourse is to discontinue using the Service.
1. Description and General Precepts. The Freemixx Service allows Users to
create collages, mashups, and other art using images from the web, the public
domain, and from the community of Users (we refer to such activity as
“remixing” and the resulting images as “remixes”). The Service includes a
variety of tools for remixing, as well as providing Users various means of
sharing their remixes with the community, their social media followers and
other personal contacts, and the general public. We operate the Service with
the following precepts in mind:
Internet is not a free-for-all.
We are firm believers in mashup culture, but Users may not appropriate other
people’s intellectual property, violate the copyright of others, or profit from
the work of others. The Digital Millenium Copyright Act (DMCA) protects the
rights of copyright holders on the Internet, and your use of the Service must
not violate the DMCA. Freemixx’s DMCA Policy is available here:
[freemixx.com/DMCA]. In the event that you violate someone’s rights of
ownership in content of any type, the remix in question will be deleted and
your right to use the Service may be curtailed or removed.
1.2 You are
responsible for actions originating from your account. A User’s account credentials (“User
Identification”) and the account itself (a “User Account”) are the sole
responsibility of the User. If your User Identification is stolen, or your User
Account is compromised in any way, you are required to notify Freemixx at your
earliest opportunity. Regardless of whether or not you were the actor,
actions associated with your User Account will be considered your actions in
the event that Freemixx is called upon to investigate a violation of these
Terms, the DMCA, or other damage to the community.
1.3 We are not
responsible for third party services.
Freemixx provides Users with links to third party websites, including without
limitation advertisements, links to printing services, features that connect or
associate your Freemixx User Account with other social media services, and
other means within the Service and Website. Freemixx is not responsible for the
actions or representations of third parties. Freemixx does not warn you when
you leave the Website to visit a third party site.
2. License Terms.
Fremixx’s License to Users. Freemixx grants Users a non-exclusive, limited
license to use the Service to remix images, archive and share their remixes,
and interact with the Freemixx community on the Freemixx.com website or on
other web properties that feature the Service (all such websites will be
generically referred to as a “Website”).
User’s License to Freemixx. For clarity, you retain ownership of all
copyrights you may have in your submissions to Freemixx or in remixes that you
create on the Service. However, in the act of such submission or remixing, you grant
Freemixx a fully paid, royalty-free, non-exclusive, and fully sublicensable right
and license to use, license, distribute, reproduce, modify, adapt, publicly
display, derive revenue or other remuneration from, and communicate to the
public, your images, text, or other content that you upload, post, remix, or otherwise
create on the Service (“User Content”). Such license will remain in effect
unless and until you submit a written request to Freemixx to delete all User
Content associated with your User Account. In addition, you may choose to
license your User Content under a Creative Commons license (as described below
in Section 2.3) so that other Users may use it in remixes.
License. By default,
Freemixx assumes: (a) you wish to display your remixes publically; and (b) you
are willing to have your remixes or User Content remixed by other Users on the
Website. All remixes initially carry a Creative Commons Attribution-ShareAlike
4.0 International License (“CC-BY-SA”). The details of the CC-BY-SA license may
be found on the Creative Commons Website at: https://creativecommons.org/licenses/.
You may alter, or decline to use, a Creative Commons license for a particular
work. In such event, the work will not be available to remix. You may also make
a remix non-public by selecting the appropriate radio button during the save process.
Reservation of Rights. Freemixx
reserves all right, title, and interest in and to the Service including all
related intellectual property rights. No rights are granted to Users other than
as expressly set forth herein.
may solicit, or you may decide to provide, feedback, comments and suggestions
about improvements to the Website and Service (“Feedback”). Such Feedback
will be the sole and exclusive property of Freemixx and you irrevocably assign
all right, title, and interest in and to all Feedback to Freemixx. Freemixx
will be free to use, disclose, reproduce, license or otherwise distribute, and
exploit such Feedback as it sees fit, entirely without obligation or
restriction of any kind.
3. Restrictions on Use. We are committed to providing a Service
that enables and inspires a community of Users to create, share, and remix
images. Safe and respectful use of the Services requires all Users to abide by
specific limits and community standards. Freemixx can, at any time and for
any reason, restrict your use of the Service, delete your User Account, delete
specific remixes associated with your User Account, or any combination of these
or similar actions in order to ensure a healthy community. The foregoing
list is not intended to be exhaustive, nor does it limit the type and severity
of actions available to Freemixx in the event that you violate these Terms or
act to damage the Freemixx community in any way.
Content Restrictions. Each User (a) warrants that User Content does not and
will not violate third-party rights of any kind, including without limitation
any intellectual property rights or rights of publicity and privacy; (b) agrees
not to upload or create User Content in violation of the intellectual property
rights of any party or entity; and (c) shall comply with and abide by
Freemixx’s DMCA Policy. You agree to act promptly to remove any infringing
material from the Service if you or Freemixx receives a notice qualifying under
the DMCA (“Take-Down Notice”). You acknowledge and agree that all User
Content is the sole responsibility of the User who first uploaded it.
or Intrusive Uses. Each
User agrees not to engage in any of the following prohibited actions: (a)
attempting to interfere with, compromise the system integrity or security, or
decipher any transmissions to or from the servers running the Service; (b)
taking any action that imposes, or in Freemixx’s sole discretion may impose an
unreasonable or disproportionately large load on Freemixx’s infrastructure; (c)
uploading invalid data, viruses, worms, or other software agents through the
Service; (d) impersonating another person or otherwise misrepresenting the User's
affiliation with a person or entity, conducting fraud, hiding, or attempting to
hide the User’s identity; (e) interfering with the proper working of the
Service; or (e) bypassing the measures that Freemixx may use to prevent or restrict
access to the Service.
You further agree
not to use or launch any automated system, including without limitation,
“robots,” “spiders,” “offline readers,” etc., that overburdens Freemixx’s
servers or ability to deliver the Service. You agree neither to collect
or harvest any personally identifiable information, including account names,
from the Service, nor to use the communication systems provided by Freemixx for
any commercial solicitation purposes. User agrees not to use any portion of the
Service as a destination linked from any unsolicited bulk messages or
unsolicited commercial messages.
content that is unlawful, harmful, or that contains racially or ethnically
offensive or defamatory remarks, or is damaging to or endangers minors, or any other
content deemed unacceptable by Freemixx in its sole discretion is grounds for
immediate suspension of the responsible User Account and deletion of the
offending User Content and/or remixes.
General Restrictions and Limitations. Section 2.1 sets forth in
entirety your right to access and use the Service. The license does not
include the right to (a) enable any person or entity other than a specific User
to access and use the Service; (b) modify or create any derivative work based
upon the Service and its underlying code; (c) engage in or permit any
unauthorized copying, reselling, or distribution of the Service; (d) reverse
engineer, disassemble, or decompile all or any portion of, or attempt to
discover or recreate the source code for the Service; or (e) remove, obscure,
or alter any intellectual property rights notice related to the Website or the
Service. You are solely responsible for ensuring that the Service is used for
proper and legal purposes, and that any activities on the Service will be
conducted in a manner that does not violate any law or regulation, or the
rights of any third party.
Code of Conduct.
Freemixx maintains a Community Code of Conduct (the “Code of Conduct”) that
further describes the standards of decorum and respect that are expected among
and between Users on the site. The Code of Conduct is incorporated into these
Terms by reference, and Users are expected to conform to the Code of Conduct in
all interactions on Freemixx Websites. Violations of the Code of Conduct may be
reported to Freemixx by emailing firstname.lastname@example.org.]
Obligation to Investigate.
Freemixx may, but is under no obligation to, investigate reports of misconduct
or violation of these Terms. Freemixx will respond to Take-down Notices in the
manner described in its DMCA Policy, and is under no obligation or burden to verify,
assess the merits of, or otherwise assess the contentions of any party who has
submitted a Take-Down Notice. Your rights in response to a Take-Down Notice are
more fully described in the DMCA Policy.
Social Media. Freemixx
provides you with the opportunity to connect with, share content to, and
retrieve and remix User Content from a variety of social media services
(“Social Media”). By using such connections to Social Media, you warrant and
represent that you are authorized to associate Social Media accounts with your
Freemixx User Account, and that you are the rightful owner of any and all User
Content derived from or connected with your Social Media accounts that you
Disclaimer of Warranty.
Access to and use of the Service is at your sole risk. The Service is
provided “AS IS” and on an “AS AVAILABLE” basis. Freemixx does not
warrant that the Service will be provided without interruption or be completely
error free. FREEMIXX DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE.
Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREEMIXX WILL
NOT BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OF
THE WEBSITE, USE OF THE SERVICE, OR PROVISION OF OTHER SERVICES, CONTENT, OR
LINKS TO THIRD PARTIES TO USERS, EVEN IF FREEMIXX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE
TERMS, FREEMIXX’S LIABILITY FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
ANY CLAIM ARISING UNDER THE USE OF THE SERVICE OR WEBSITES WILL BE BARRED AFTER
TWELVE (12) MONTHS FROM THE DATE ON WHICH THE ACTIONS OR CIRCUMSTANCES ON WHICH
THE CLAIM IS BASED OCCURRED.
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
7.1 Indemnity Against Infringement
Claims. You agree
to indemnify, defend and hold harmless Freemixx and its directors, employees
and agents (collectively, the “Indemnitees”) from and against any and all
damages, liabilities, penalties, fines, losses, costs and expenses including
reasonable attorneys’ fees (collectively, “Losses”) arising from or relating to
any claim or allegation that your use of the Service infringes any patent,
copyright, trademark or other proprietary right, or misappropriate any trade
secret, of any third party.
7.2 General Indemnification. You agree to indemnify, defend and
hold harmless the Indemnitees from and against any and all Losses arising from
or relating to any third party claims or actions based on your gross negligence
or willful misconduct in your Use of the Service.
8.1 Ability to Accept the Terms. You affirm that you are either more
than 18 years of age, or an emancipated minor, or possess the consent of your
legal parent or guardian, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms, and to abide by and comply with these Terms. In any
case, you affirm that you are over the age of 13, as the Websites are not
intended for children under 13. If you are under 13 years of age, then please
do not use the Websites.
8.3 Notices. Communications regarding any matter
arising out of your use of the Service may be directed to Freemixx via the
Website, or via email to [email@example.com] Notices to Users will be sent
electronically, to the e-mail address provided in User Account information.
8.3 Severability. If a court of competent
jurisdiction finds any term or condition in these Terms to be unenforceable,
all other terms and conditions will remain unaffected and in full force and
8.4 Choice of Law. This Agreement shall be
governed by the laws of the State of Oregon, without regard to its conflict or
choice of law provisions. Any dispute with Freemixx, or its officers,
directors, employees, agents or affiliates, arising under or in relation to
these Terms shall be resolved exclusively through the state and federal courts
within the county of Multnomah, Oregon.
8.5 Assignment. These Terms of Service,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Freemixx without restriction.
We use the information gathered to better understand your needs, to improve the contents of our web pages and to monitor technical performance of our network. The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) other information gathered as users navigate through the Site.
We may collect and store information, personal or otherwise, that you voluntarily supply either while using our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name, address, or email address) that you electronically submit to us for purposes such as registration for certain features on our Site, signing up for email newsletters, completing surveys, or posting comments on message boards or any public posting areas on our Site. We may also ask for information (including a credit card number) from users who make a purchase or conduct other transactions on our Site. The information supplied helps us to provide the product or service requested, offer you more personalized features, and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services offered to users of the Site.
We also may collect and store information that is generated automatically as you navigate through our Site. For example, we employ a standard feature of browser software called a "cookie" to assign each user a unique, random number that resides on a user's computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through registration, for example), the Site will not be able to ascertain the identity of the user, even if a cookie is assigned to a user's computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information previously. Of course, you are free to set your web browser to disable cookies or otherwise limit the information we collect; however, doing so may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.
We also may use web beacons and other methods to access cookies and to count users who visit our Site or open our HTML-formatted email messages. Our Site's servers automatically collect limited information about your computer's connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site's content to you upon request and to measure traffic within the Site.
We use the information we collect in a variety of ways, including using the information to customize features; we may offer advertising on the Site and may share your information with advertisers and their agents to better tailor such content. We also may provide your information to third parties, such as service providers, contractors, and sponsors, for a variety of purposes.
The information we gather and collect enables us to provide you with our website and to help you partake of our services. You agree that we may use your information to:
You may withdraw your permission and prevent our use of your information by contacting us using the contact information below.
You consent to our sharing of information for the purposes described below:
1) Service Providers and Contractors:
We reserve the right to disclose to service providers and contractors all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include processing payments, maintaining this Site, and providing business services to us or to you.
2) By Law or to Protect Rights:
We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, or to protect the rights, property or safety of Freemixx and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.
3) Business Transfers:
4) With Your Consent:
We may share information when you provide us with your consent to do so. This may occur when you consent affirmatively or it may occur through your use of the Site as provided in this Policy. For instance, when you request information or services from our affiliates, partners, service providers, or other third parties through us, or when you post information to our Site, you provide your consent for us to share that information with others.
5) We Won’t Sell your Information:
Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example through comments and reviews or through email - that information can be seen, collected and used by others besides Freemixx. We cannot be responsible for any unauthorized third-party use of such information.
If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. Please contact us by phone, email, or postal mail using the information below to effect changes.
With the exception of transaction information that may be shared as described below, all information gathered on our Site is stored within a database accessible only by us. We will use industry standard measures, including encryption where appropriate. However, as effective as the reasonable security measures we implement may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet.
To provide the most effective and efficient service, we may use third-party services to complete transactions, such as credit card processing or order fulfillment. Information that you enter on our site for such purposes maybe stored, as described above, or may be immediately transmitted to such third-party without storage by us. We offer the such third-party services “As Is” with no warranty.
Freemixx users may produce or remix content that is not suitable for children. The Site is not directed to children under the age of 13 and we will not knowingly maintain personally identifiable information from or about anyone under 13.
The following notice applies to this website, and any other website operated by Freemixx, Inc.
To file a copyright infringement notification with Freemix Inc., you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
You may also send it to us via email at [insert]
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material that was removed or to which access was disabled was not infringing, you may submit a counter-notification. You may do so by sending us a written communication that includes substantially the following:
The counter-notice may be sent by regular mail to:
The information provided in your counter-notification will be forwarded to the person who submitted the original claim of copyright infringement. After we forward your counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we will typically reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Freemixx may, at its sole discretion, terminate the accounts of repeat copyright infringers.
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