The following terms of service (these “Terms of Service”) govern your access to and use of MIXEDSHARE services, including any content, functionality, and services offered on or through www.mixedshare.com (the “Site or website”).
1. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules, and regulations. If you violate any restrictions in these terms, you agree to indemnify MIXEDSHARE for any losses, costs, or damages, including reasonable legal fees, incurred by MIXEDSHARE in relation to, or arising out of, such a breach.
2. ACCEPTANCE OF TERMS
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to MIXEDSHARE. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders, and words in the singular include the plural and vice-versa.
3. ABOUT MIXEDSHARE SERVICES
At MIXEDSHARE, our service will help you save time and optimize profile management on social networks. Visually Plan, Schedule post, and automation on social networks.
- No downloads. You can use our service straight from the web on all browsers. You don’t need to download or install anything to enjoy our service.
- Analytics performance. You can see all your posts how it works and increase does. It will help you control your audiences and target.
- Saving Time. Dedicating just 10-20 minutes a day to your social media strategy can dramatically improve your customer relations and interactions.
- Schedule posts. Select your date, time, or whenever you want to publish on each of your social accounts just need a few clicks to complete and enjoy.
- Safe and Secure. Your data is safe with us. We’re not one of those companies that give your personal information away.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. MIXEDSHARE hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. MIXEDSHARE shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INTELLECTUAL PROPERTY
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
6. YOUR REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.
8. USER LICENSES
a. In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), MIXEDSHARE grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services, and the Software solely for your own personal purposes.
You may access and use the Site, Services, and Software only in accordance with any instruction manuals, user guides, and other documentation as made available by MIXEDSHARE from time to time (“Documentation”).
This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- attempt to decompile or reverse engineer any software contained on the MIXEDSHARE website;
- 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.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MIXEDSHARE 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.
9. PRICING & MODE OF PAYMENT
You can start a free trial version of the service! No contract. No credit card. To get started visit – https://mixedshare.com/signup.
To enjoy the full service that we offer, you can select from our Basic, Standard, or Premium subscription plans. For more information on pricing, please visit – https://mixedshare.com/pricing.
We accept payments for our services via PayPal & credit cards – VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MIXEDSHARE, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MIXEDSHARE Parties”), from and against all actual or alleged MIXEDSHARE Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify MIXEDSHARE of any third-party Claims and cooperate with the MIXEDSHARE Parties in defending such Claims. You further agree that the MIXEDSHARE Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MIXEDSHARE.
11. PROHIBITED USES
You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
- Except as may be the result of the standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use content without proper attribution.
- Use the content in a fashion that does not comply with the content’s specific licensing.
Your access to and use of the services and content provided on www.mixedshare.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (MIXEDSHARE ENTITIES are MIXEDSHARE founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.
MIXEDSHARE make no warranty and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MIXEDSHARE or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the MIXEDSHARE 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 MIXEDSHARE 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIXEDSHARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MIXEDSHARE EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MIXEDSHARE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
If MIXEDSHARE decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
14. GOVERNING LAW AND JURISDICTION
These general terms and conditions in relation to the use of www.mixedshare.com are hereby governed by and constructed and enforced in accordance with the laws of India & French. The competent courts in India & French shall have the exclusive jurisdiction to resolve any dispute between you and MIXEDSHARE.