Introduction
Welcome to tixymix.com. These Terms of Use, the Privacy Policy, and all policies posted on our website set out the terms on which we offer you access to and use this website, services, applications, and tools (collectively “Services”). All policies and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. Please read the Terms carefully. By using our website, you accept and agree to these Terms. If you do not agree to the Terms, please do not use the Platform and exit immediately.
We reserve the right to change the Terms from time to time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes.
Your Tixymix Account
To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at Tixymix Customer Support.
You are fully responsible for the security and confidentiality of your password and account. Furthermore, you are completely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the website.
Misuse of tixymix.com Services
Please report problems, offensive content, and policy breaches to us. You are solely responsible for all information that you give Tixymix LLC and any consequences that may result from your articles. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. However, whether we take any of these steps, we don’t accept any liability for unauthorized or unlawful content on the website. If such content is brought to our attention we will investigate and if deemed inappropriate it will be removed.
Fees and Services
We may charge a fee for subscriptions. If the service you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees are quoted in US Dollars and are subject to change. We will notify you of changes to our fee structures by posting them on this website. We may also change our fees or costs for promotional purposes. These types of changes will be communicated to you on this site, or via email if you have chosen to subscribe to our newsletters.
Force Majeure
Neither Tixymix nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Content
Content on this website is protected pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from the Services, our trademarks, or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer, or otherwise attempt to discover any source code of this website. When you give us content to post on this website you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database, and intellectual property rights to that content. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Products and features
The features, content, specifications, products, and prices of products and services described or shown on this website are subject to change at any time and without notice. Certain weights, measures, and similar descriptions are approximate only and are only provided for convenience purposes only. Although Tixymix LLC will make all reasonable efforts to accurately display the attributes of our products, including the colors; the actual color can vary depending on your computer screen, therefore we cannot guarantee that the color an item is depicted as is the color that will be displayed on all monitors. The presence of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Platform. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Information and its accuracy
Tixymix LLC will attempt to ensure that information on this Platform is complete, accurate, and current. Despite our best efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by Delaware law, we make no representation as to the completeness, accuracy, or currency of any information on this website. For example, products included on this website may be out of stock and may have different features than those listed. They may also be priced differently than what is shown on this website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to accepting the order or shipping.
Shipping
When an order is placed, it will be shipped to an address chosen by the customer as long as that shipping address complies with the shipping restrictions stated on this website. All purchases from this website are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from Tixymix LLC passes to you once the goods have been delivered to the carrier.
Delivery dates are approximate and estimates only, delivery dates are not guaranteed unless specifically specified in the Contract. Unless a guaranteed delivery date has been agreed, Tixymix LLC shall not be in default in case a stated or agreed delivery or other period has been exceeded.
Reporting Intellectual Property Infringements
We can remove content, and refuse to post content where we have grounds for suspecting the violation of these terms, our policies, or any party’s rights. If you have a good faith belief that an item infringes your copyright, trademark, or other intellectual property rights, please email it to support@tixymix.com. Only the intellectual property rights owner can report potentially infringing items. Upon notification, we will share, in accordance with the law, the breach with the third party that posted the listing.
Third-Party Services on tixymix.com
You may use the Stripe or PayPal payment gateway for financial transactions on our Services. You acknowledge and agree that by using any third-party services through our Services (such as PayPal or Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims, or damages howsoever arising in connection with that third party’s services.
Legal and Financial Advice
You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from qualified professional advisers before following any information provided on this website.
The content on tixymix.com is for solely for informational purposes, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our website constitutes a solicitation, recommendation, endorsement, or offer by tixymix.com or any third-party service provider.
The content on this website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing on the website constitutes professional and, or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information. In exchange for using the website, you agree not to hold Tixymix LLC, its affiliates, or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.
Limitation of Liability
Nothing in these Terms of Use (including this clause) excludes, restricts, or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted, or modified, including any such rights or statutory guarantees under the US Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency. Services are provided “as is” and “as available”.
Service Availability
We will take all reasonable efforts to maintain an uninterrupted service, but we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of the services, or that they are error-free.
Disclaimer
Except as prohibited by applicable Delaware law, the information, materials, and services provided on or through this Platform are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable Delaware law, neither Tixymix LLC, nor any of its respective affiliates (i) warrant the accuracy or completeness of the information, materials, or services provided on or through the website or (ii) makes any commitments or assumes any duty to update such information, materials or services.
Neither Tixymix LLC, nor any of its respective affiliates, warrants that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the technology that makes the content available will be free of viruses or other harmful malware or rogue technology, software or otherwise.
Except as prohibited by applicable Delaware law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Platform. Without limiting the generality of the foregoing, we expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable Delaware law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
Limitation of Liability
Your use of the tixymix.com website is at your own risk. You agree that our sole obligation to you is to provide the website “as is.” Except as prohibited by applicable Delaware law, neither Tixymix LLC nor any of its employees, officers, directors nor of its agents, or any other party involved in creating, producing, or delivering the platform shall be liable to you or to any third party for your use of, or the inability to use, the Platform and it’s Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform.
Except as prohibited by applicable Delaware law, in no event will Tixymix LLC or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation, production, or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from loss of profits, lost data or business disruption) arising out of the use, inability to use, or the results of the use of the Platform, any Platforms linked to this Platform, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.
If there is any problem with this Platform or any Content, you agree that your sole remedy is to stop using this Platform. If there is any problem with the products or services that you have purchased on or through this Platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Platform. Except as prohibited by applicable Delaware law, in no event shall Tixymix LLC total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Platform.
Indemnity and Release
Except as prohibited by applicable Delaware law, you agree to defend, indemnify and hold Tixymix LLC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party.
If you have a dispute with one or more other users of the Platform, you release Tixymix LLC (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law
To the extent permitted by law, and without limiting any rights that you may have under the US Consumer Law, our liability to you for any failure by Tixymix LLC to comply with any US laws in the state of Delaware. Tixymix LLC excludes any liability to you for any loss or damage suffered by you as a result of Tixymix LLC failing to comply with an applicable statutory guarantee under US law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Tixymix LLC.
Termination
Either you or we may suspend or terminate your account or your use of this Platform at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Platform if (i) you breach these Terms; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Indemnify
You will indemnify and hold harmless Tixymix LLC and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to the inappropriate use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Website Disputes
“Website Disputes” (Platform disputes) include: (a) any claim you may have against Tixymix LLC in connection with the Site, (b) any claim Tixymix LLC may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Platform Disputes. Any claim arising from your purchase of an Tixymix LLC product or service is a Non-Platform Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Platform Dispute.
Website Dispute Resolution – Arbitration, Class Action Waiver and Jury Trial Waiver
Neither you nor we will be able to sue in court in connection with a Platform Dispute. All Platform Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance of these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to read these Terms and Conditions.
You and Tixymix LLC intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and Tixymix LLC waive any rights to maintain other available resolution processes for Platform Disputes, such as a court action or administrative proceeding, to settle disputes. You and Tixymix LLC waive any right to a jury trial for Platform Disputes.
Instead of suing in court, we each agree to settle Platform Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.
Any Platform Dispute shall be determined by arbitration in Delaware.
To the extent, that a party commences any action which includes both Platform Disputes and Non-Platform Disputes, consideration of the Non-Platform Disputes shall be stayed until the Platform Disputes are fully arbitrated. Then, any Non-Platform Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Tixymix LLC and its affiliated companies, or participate in a class action against Tixymix LLC and its affiliated companies, in any Platform Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Tixymix LLC and its affiliated companies, in any Platform Dispute.
Personal Information
Will be governed by our Privacy Policy, which is available at the bottom of the page under ‘Legal’.
Severability
If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the remaining provisions of these Terms of Use.
Notices
We will send notices to you via the email address you provide. When sent by postal mail it will be deemed received after five days following the date of mailing.
Updates
We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner.
General
These Terms of Use and the other policies available on tixymix.com set out the entire agreement between Tixymix LLC and you, overriding any prior agreements. If a court strikes down any of these Terms of Use, the remaining terms will survive.
Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of Delaware, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
Except as prohibited by applicable Delaware law, we do not guarantee continuous, uninterrupted, or secure access to our Platform, and the operation of the Platform may be interfered with by numerous factors outside of our control.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that the Terms may be automatically assigned by Tixymix LLC in our sole discretion. Headings are for readability purposes only and in no way define, limit, construe or describe the scope or extent of the section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Contact Details
If you have questions or comments about this policy, please contact support@tixymix.com.