Site Terms and Conditions of Use
Please note, you must be over 13 years of age to use this site because of US online privacy law concerning minors (COPPA).
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
When you create a Mixee, you have the ability to upload
custom resources and text. You agree to only use resources (text, images, etc) that you have the right to use and license to us. Anything you upload or publish is your sole responsibility because we don't have the resources to fully monitor it.
You agree not to upload or create anything not family friendly. This includes anything that's violent, sexual in nature, or could be considered offensive to a reasonable person. Mixee Labs reserves the right to detemine what is considered Mixee Labs.
Mixee Labs gets the right to use anything you upload. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
If you are a designer of Mixee Creators, you retain all intellectual property rights in your design, including derivative works like 3D renders and creations made with your creator. Upon publishing your creator, you grant Mixee Labs LLC a non-exclusive, royalty free worldwide transferable license on your design
Upon publication of your creator, you warrant that the creator is your original creation and not copied from any third party and/or entity. Should your creator nevertheless be found to be infringing and/or in violation of any law, you will defend Mixee Labs LLC against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Mixee Labs LLC with respect to such claims.
- (i) to use it for the manufacturing of your model in order to fulfill your order, and in some cases, to modify it in order to be manufactured properly;
- (ii) to display it on the MixeeLabs website and our social media channels (Twitter, Facebook, Tumblr, Pinterest, Instagram, etc.);
- (iii) to use it for promotional purposes elsewhere with your explicit consent.
We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Terms and Conditions.
If you decide to take your creator off our website, you terminate all licenses granted to Mixee Labs LLC to such 3D design under these Terms and Conditions. Mixee Labs LLC is however entitled to use your design to fulfill orders that were placed before the removal.
- From time to time, there may be some prints that are difficult to manufacture. We will advise the customer on how to modify his or her product to improve manufacturability. In the very rare case that the customer does not want the implement the advised modifications, we reserve the right to cancel and refund the order.
- Your products are custom made and modified by you, but there is no guarantee of uniqueness as another customer might just happen to select the same parameters as you (but hey, great minds think alike, right?).
3. Mixee Use License
Permission is granted to temporarily download one copy of the materials
(image screenshots) on Mixee Labs' web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- use the materials for any commercial purpose;
- attempt to decompile or reverse engineer any software contained on Mixee Labs' web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mixee Labs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Mixee Labs' web site are provided "as is". Mixee Labs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mixee Labs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Mixee Labs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Mixee Labs' Internet site, even if Mixee Labs or a Mixee Labs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Mixee Labs' web site could include technical, typographical, or photographic errors. Mixee Labs does not warrant that any of the materials on its web site are accurate, complete, or current. Mixee Labs may make changes to the materials contained on its web site at any time without notice. Mixee Labs does not, however, make any commitment to update the materials.
Mixee Labs has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mixee Labs of the site. Use of any such linked web site is at the user's own risk.
9. Governing Law
Any claim relating to Mixee Labs' web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
The Mixees (designs, names, etc) that you create will not be considered personal information. We treat mixees as public and may feature your mixees publicly however we see fit on our site, other sites, in real life, etc.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.