SAMSUNG DAILY MIX (Powered by MIXSEE) END USER AGREEMENT
TERMS & CONDITIONS
The following terms and conditions govern all use of the Samsung Daily Mix (Powered by Mixsee) website, mobile applications and all content, services and products available at or through the website, including, but not limited to, Mixsee hosting service ("Hosting Service"), (taken together, the "Website & Mobile Applications"). The Website & Mobile Applications is owned and operated by Mixsee, Inc. ("MIXSEE") and licensed to Principle MCD, Inc. d/b/a Magnani Caruso Dutton for use by Samsung Electronics America, Inc. ("Samsung") (collectively referred to as the "Companies"). The Website & Mobile Applications are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Company’s privacy policies and procedures that may be published from time to time on this Site by the Companies (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website & Mobile Applications. By accessing or using any part of the Website & Mobile Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website & Mobile Applications or use any services. If these terms and conditions are considered an offer by the Companies, acceptance is expressly limited to these terms. The Website & Mobile Applications is available only to individuals who are at least eighteen (18) years old. By accepting these terms and conditions and accessing the website and/or Mobile Applications, the user certifies that he or she is age 18 or older.
Samsung Daily Mix (Powered by Mixsee) Account and Site. Samsung Daily Mix is a collection of tours made on behalf of Samsung Electronics, Inc. for The South by Southwest ® Conferences & Festivals 2013 ("SXSW 2013"). They feature highlights of Samsung activities at SWSW 2013 as well as points of general interest, food, culture and other entertainment. All data and information provided on these tours is for informational purposes only and intended to solely provide general guidance on matters of interest for your personal use, and you agree to accept full responsibility for its use. There may be delays, omissions, or inaccuracies of information contained in the MIXSEE and Samsung tours as events at SXSW 2013 may change with or without notice. Neither Mixsee nor Samsung make any representations as to accuracy, completeness, currentness, suitability, or validity of any information or product specifications on these tours and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
The tours are created to provide guidance to you or anyone with whom you share these tours is not obligated to follow the tour. While attempts have been made by MIXSEE and Samsung to ensure that the information contained in these TOURS is accurate and reliable, MIXSEE and Samsung are not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in these tours is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Certain links in these tours may connect to third party web sites. Samsung Electronics America or its employees, subsidiaries, parent, or affiliates ("Samsung"), does not accept any responsibility for, nor makes any representations as to the accuracy of, any content in such third party web sites.
The copyright in the text, layout and any other content on these tours (other than any third party comment) is owned by MIXSEE and Samsung. All rights are reserved.
General Mixsee End User Terms and Conditions.
If you create a tour based on Mixsee based on the Website & Mobile Applications, and tour made for Samsung, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the tour. A similarity to the Samsung Daily Mixsee does not make your tour part of the Samsung Daily Mix. You must not describe or assign keywords to your tour in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Companies may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Companies liability at the Company’s sole discretion. By accepting these terms and conditions and accessing the Website and/or Mobile Applications, you expressly grant the Companies the right to change or remove any description or keyword and agree to release hold the Companies harmless from any liability arising therefrom. You must immediately notify the Companies of any unauthorized uses of your tour, your account or any other breaches of security in writing via electronic mail or written communication. The Companies will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions and, by accepting these terms and conditions, You agree to release hold the Companies harmless from any liability arising therefrom.
Responsibility of Contributors. If you operate a tour, comment on a tour, post material to the Website & Mobile Applications, post links on the Website & Mobile Applications, or otherwise make (or allow any third party to make) material available by means of the Website & Mobile Applications (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the uploading, downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your tour is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other tours and web sites, and similar unsolicited promotional methods;
your tour is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your tour’s URL or name is not the name of a person other than yourself or company other than your own; and
By submitting Content to the Companies for inclusion on your Website & Mobile Applications, you grant the Companies a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your tour. If you delete Content, the Companies will use reasonable efforts to remove it from the Website & Mobile Applications, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, the Companies have the right (though not the obligation) to, in Company’s sole discretion (i) refuse or remove any content that, in Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website & Mobile Applications to any individual or entity for any reason, in Company’s sole discretion and, by accepting these terms and conditions, You agree to release hold the Companies harmless from any liability arising therefrom.
Responsibility of Website & Mobile Applications Visitors. The Companies have not reviewed, and cannot review, all of the material posted to the Website & Mobile Applications, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website & Mobile Applications, the Companies do not represent or imply that they endorse the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website & Mobile Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website & Mobile Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Companies disclaim any responsibility for any harm resulting from the use by visitors of the Website & Mobile Applications, or from any downloading by those visitors of content there posted and, by accepting these terms and conditions, You agree to release hold MIXSEE harmless from any liability arising therefrom. The Companies, however, will investigate any "flagged" posting within two business days.
Content Posted on Other Website & Mobile Applications. We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which the website or mobile application links, and that link to the website. The Companies do not have any control over those third party websites and webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, the Companies do not represent or imply that they endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Companies disclaim any responsibility for any harm resulting from your use of third party websites and webpages and, by accepting these terms and conditions, You agree to release hold the Companies harmless from any liability arising therefrom.
Copyright Infringement and DMCA Policy. As the Companies ask others to respect their intellectual property rights, they respect the intellectual property rights of others. If you believe that material located on or linked to by the Samsung Daily Mix (powered by Mixsee) website violates your copyright, you are encouraged to notify the Companies in accordance with the Company’s Digital Millennium Copyright Act ("DMCA") Policy. The Companies will respond to all such written or electronic notices within five business days, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Companies will terminate a visitor’s access to and use of the Website & Mobile Applications if, under appropriate circumstances, and at the Company’s sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Companies or others. In the case of such termination, the Companies will have no obligation to provide a refund of any amounts previously paid to the Companies.
Intellectual Property. This Agreement does not transfer from the Companies to you any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Companies. Samsung Daily Mix (Powered by Mixsee), Mixsee, the logo, and all other trademarks, service marks, graphics and logos used in connection with Samsung Daily Mix (Powered by Mixsee), or the Website & Mobile Applications are trademarks or registered trademarks of the Companies or the Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website & Mobile Applications may be the trademarks of other third parties. Your use of the Website & Mobile Applications grants you no right or license to reproduce or otherwise use any of the Companies or third-party trademarks.
Advertisements. The Companies reserve the right to display advertisements on your tour unless you have purchased an Ad-free Upgrade or a VIP Services account.
Attribution. The Companies reserve the right to display attribution links such as ‘Tour at Mixsee,’ theme author, and font attribution in your tour footer or toolbar. Footer credits and the Mixsee toolbar may not be removed regardless of upgrades purchased.
Changes. The Companies reserve the right, at their sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website & Mobile Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. The Companies may also, in the future, offer new services and/or features through the Website & Mobile Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. The Companies may terminate your access to all or any part of the Website & Mobile Applications at any time, with or without cause, with or without notice, at the Company’s sole discretion, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website & Mobile Applications. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website & Mobile Applications is provided "as is". The Companies and their suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Companies nor their suppliers and licensors, makes any warranty that the Website & Mobile Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website & Mobile Applications at your own discretion and risk.
Limitation of Liability. In no event will the Companies, or their suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Companies under this agreement during the twelve (12) month period prior to the cause of action. The Companies shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless the Companies, their contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website & Mobile Applications, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between the Companies and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Companies, or by the posting by the Companies of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website & Mobile Applications will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the American Arbitration Association pursuant to its commercial arbitration rules on an expedited basis. ("AAA"). The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Companies may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Granting of Rights. By agreeing to these Terms and Conditions, the user grants Mixsee and its affiliated entities (“Mixsee entities”) a non-exclusive, royalty-free, worldwide license in connection with the Mixsee and Samsung Daily Mix website and application to: (i) use, copy, adapt, reformat, recompile, communicate by telecommunication, truncate, edit, and/or modify any part of the Information (“user information”) you provide for public performance, public display, and distribution, (ii) access, index, and cache the website(s) to which the user information links or any portion thereof, by any means, including web spiders and/or crawlers, (iii) create and display in connection with your user information copies of any text, images, graphics, audio, or video on the websites to which your user information links, and (iv) distribute your user information to third parties. None of the Mixsee or Samsung Daily Mix entities will have any liability for your user information. A Mixsee or Samsung Daily Mix entity may refuse, reject, cancel, or remove any user information at its discretion at any time. Your posts of user information may be subject to space availability, and the final decision as to user information relevancy is at our discretion. We do not guarantee that your user information will be placed in, or available through, any part of the Mixsee or Samsung Daily Mix website or application, nor do we guarantee that your user information will appear in a particular position or rank.