Welcome Traveler,

This is planet FREEMIXX. A place where expression is visual.

Language here never developed to the degrees of abstraction it enjoys on planet earth.

On this, our colorful homeworld, pictographically conveying thought and feeling in shape and form is the primary method of personal reckoning, and interpersonal communications.

Amongst our vibrant community you will find that messages evolve through remixing. In the process of touching and reshaping a visual composition it is often reported that individuals are able to cross a membrane beyond which unarticulated feelings, that allude them in words, are suddenly revealed clearly through images. Other individuals report that the images look quite nice.

Whatever your fancy, please stay, enjoy, rage, weep, reflect, and above all feel free.

Freemixx Terms of Service

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:

1.1 The 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.

            2.1 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”).

            2.2 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.

2.3 Remix 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.

2.4 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.

2.5 User Feedback.  Freemixx 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.

            3.1 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.

3.2 Improper 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.

            Posting 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.

            3.3 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.

[3.4 Community 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 conduct@freemixx.com.]

3.5 No 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. 

4. 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 subsequently remix.

 

5.  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.

 

6.  Limitation of 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.  Indemnification

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. Miscellaneous Provisions.

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 [support@freemixx.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 effect.

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.

 

 

 

PRIVACY POLICY & terms of Use

Last Updated: March 16, 2014 PRIVACY POLICY

Your privacy is important to Freemixx and this policy represents our commitment to safeguard and protect your personal information. This policy governs use of the freemixx.com website and affiliated sites (the “Site”), which is provided by Freemixx Inc., a Delaware corporation (“Freemixx,” “we,” “us” or “our”). This Privacy Policy governs our collection of information from you (“you,” “your” or a “user”) through your use of the Site. It does not apply to any information you may provide to us through other means, including via mail or telephone. Please read this Privacy Policy carefully so that you understand our online privacy practices.

By visiting and using the Site you agree that your visit, and any dispute over our online privacy practices, is governed by this Privacy Policy.

Types of Information we Collect.

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.

Information You Provide To Us.

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.

Other Information.

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 may use cookies, web beacons and similar technologies to collect non-personally identifiable information about users of our Site and about activity that occurs within our Site, and we may use this information to, among other things, serve targeted information including offers on our Site. The information collected allows us to analyze how users use the Site and to track user interests, trends and patterns. We also may use third-party advertising, and the companies providing this advertising may use their own cookies, web beacons and similar technologies. These companies may use that information, sometimes in conjunction with similar non-personally identifiable information gathered from other websites, to deliver advertisements on this Site, and possibly on other websites (if the third-party advertising company operates an advertising network), tailored to match the perceived interests of consumers. The collection and use of information by these companies is governed by the relevant third party's privacy policy and is not covered by this Privacy Policy. We do not have access to cookies that may be placed on your computer by third-party ad technology, ad servers or ad networks.

How We Use and Share Your Information.

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.

Our Use of Information.

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:

  • contact you for customer service purposes
  • contact you to inform you of important changes or additions to our Site or the services offered over our Site
  • to send you administrative notices, offers and any other communications that we believe may be of interest to you
  • operate, improve and maintain our products and services, including analyzing user behavior, and
  • administer promotions, provide features and display relevant content to you.

You may withdraw your permission and prevent our use of your information by contacting us using the contact information below.

Information We Share.

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: If Freemixx goes through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your information. You further acknowledge and consent to the continued use of your information by the recipient so long as they comply with this Privacy Policy.

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: We will not share your personal information with any third party who is not affiliated with us except as described in this privacy policy. We don’t like spam any more than you do and we will not share your personal information to be used for the purpose of sending you unsolicited commercial offers.

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.

Modifying Your Information and Opting Out.

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.

Storage of Information.

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.

Sharing of Information for the Purpose of Completing Your Transaction.

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.

Additional Information About Freemixx.

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.

Changes to This Policy.

The Internet and relevant state and federal law is always evolving. If we need to change this Privacy Policy at some point in the future, we'll post the modified Privacy Policy on this Site and update the Effective Date of the policy to reflect the date of the changes. If you are concerned with how your information is used you should check this webpage periodically. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

Additional Privacy Questions?

If you have any questions or concerns about Freemixx’s Privacy Policy, please contact us at [privacy@freemixx.com] or by mail to:

Freemixx Inc.

DMCA Policy

Sending Freemixx a Copyright Infringement Notice

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):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows: Freemixx Inc.

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.

Counter-Notification

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:

  • Identification of the specific URLs of material that has been removed or to which we have disabled access.
  • Your full name, address, telephone number, and email address.
  • The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Freemixx Inc. is located, and will accept service of process from the claimant.” (Freemixx Inc. is located in the District of Oregon.)
  • The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • A physical signature or electronic signature.

The counter-notice may be sent by regular mail to: Freemix Inc.

You may also send it to us via email at [insert]

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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