These Terms and Conditions of Use (“Terms”) govern your access to and use of the MixR Holdings Inc. (MixR,” “we,” “us,” or “our”) websites, applications, and services (collectively, “Services”), including any content, functionality, and services offered on or through https://mixr.gg (the “Site”). By using the Site or Services, you agree to be bound by these Terms and any other documents referenced herein, including our Privacy Policy. If you do not agree to these Terms, you must not use our Site or Services.
In these Terms, “you” and “your” refer to the individual accessing or using our Services, or the company or other legal entity on whose behalf such individual is accessing or using our Services.
MixR reserves the right to modify or update these Terms at any time, at our sole discretion. If we make changes, we will post the revised Terms on our Site and update the “Last Updated” date. We may also provide notice of changes through other communication methods, such as email or notifications within our Services. Your continued use of the Site and Services following any changes constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using our Site and Services.
The Site and Services are intended for use by individuals who are at least 18 years of age. By accessing and using our Site or Services, you represent and warrant that you meet this age requirement. If you are under 18, you must obtain consent from a parent or guardian before using our Site and Services.
MixR operates as an aggregator platform that connects users with products listed on various third-party online stores. We do not own or sell the products listed on our platform, nor do we process transactions directly. Instead, purchases are made through the original stores’ platforms, and the terms of those platforms will govern the transaction. MixR is not responsible for the products sold, the fulfillment of orders, or any disputes arising from transactions conducted through third-party stores.
To use certain features of our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify MixR immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to protect your account information.
As a user of our Services, you agree to:
MixR reserves the right to terminate or suspend your account and access to our Services at any time, without notice, if we determine, in our sole discretion, that you have violated these Terms or engaged in any conduct that we believe is harmful to MixR, other users, or third parties.
MixR provides a platform that aggregates product listings from various third-party online stores. We are not involved in the actual transaction between buyers and sellers and do not take ownership of the products listed on our platform. Any purchase made through our Site is processed on the original store’s platform, and the terms, policies, and conditions of that store will apply to the transaction.
The products listed on MixR are provided by third-party online stores. We do not guarantee the availability, accuracy, or completeness of any product listings on our platform. Prices and availability are subject to change without notice, and we are not responsible for errors in product listings, descriptions, or pricing.
Since MixR is an aggregator and not the seller of the products listed on our platform, all shipping, handling, and delivery of products are the responsibility of the original store where the purchase is made. We do not handle or ship products directly, and we are not responsible for any shipping delays, errors, or damages that occur during the shipping process. Any issues related to shipping must be addressed directly with the original store.
MixR does not inspect, verify, or guarantee the authenticity or quality of the products listed on our platform. It is the responsibility of the third-party stores to ensure that the products they list are authentic and meet the stated quality standards. Any disputes regarding product authenticity, quality, or condition should be directed to the original store where the purchase was made. MixR is not liable for any counterfeit, misrepresented, or defective products sold through the platform.
MixR strictly prohibits the listing or sale of counterfeit items, fraudulent activities, and market manipulation on our platform. Users who engage in these activities may have their accounts suspended or terminated without notice, and may face legal action. MixR reserves the right to cooperate fully with law enforcement authorities in investigating any suspected illegal activity. MixR is not liable for any losses incurred as a result of counterfeit items, fraud, or market manipulation, and any disputes regarding such issues must be resolved directly between the buyer and the original store.
MixR provides customer support for issues related to the use of our Site and Services, such as account management, technical issues, and general inquiries. However, we do not provide customer support for issues related to the products themselves, order fulfillment, shipping, returns, or refunds. For product-specific inquiries or issues, you must contact the original store directly. MixR will assist in directing you to the appropriate contact point at the original store if needed.
MixR is not a party to the transactions conducted through our platform and is not responsible for mediating or resolving disputes between buyers and third-party sellers. Any disputes regarding the sale, purchase, or delivery of products must be resolved between the buyer and the original store. MixR may, at its discretion, provide information or assistance to help facilitate communication between the parties involved, but we do not assume any responsibility for the outcome of such disputes.
MixR may charge fees for the use of certain features of our platform, which will be disclosed to you prior to your use of those features. Additionally, MixR may offer promotional or discount codes that can be applied to purchases made through our platform. These codes are subject to the specific terms and conditions that accompany them. Users are responsible for paying any applicable taxes, duties, or fees related to transactions conducted through our platform. MixR is not responsible for collecting or remitting taxes on behalf of users, and it is the responsibility of the buyer and seller to comply with all applicable tax laws.
Since MixR is an aggregator and not the direct seller of products, we do not handle returns, cancellations, or refunds. Any requests for returns, cancellations, or refunds must be directed to the original store where the purchase was made, and the store’s policies will apply. MixR is not liable for any losses or damages resulting from a store’s refusal to accept a return or issue a refund.
MixR may provide access to content, information, products, or services offered by third parties on our platform. We do not control, endorse, or assume responsibility for any third-party content, information, products, or services. Any interactions or transactions between you and third-party providers are solely between you and the third party, and MixR is not liable for any issues arising from such interactions or transactions.
MixR uses algorithms and other methods to rank and display product listings on our platform. The factors considered in these rankings may include popularity, price, user reviews, and other criteria. MixR does not guarantee the placement or visibility of any particular product listing. Users may have access to certain data related to their use of the platform, such as sales history and product performance. MixR reserves the right to retain and use this data in accordance with our Privacy Policy.
If you access our Services through a mobile application, these Terms apply to your use of the application. The availability of our mobile application is dependent on the third-party stores from which you download the application, such as the Apple App Store or Google Play. Your use of the mobile application is subject to the terms and conditions of the respective app store. MixR is not responsible for any issues arising from the use of third-party app stores. In-app purchases made through the mobile application are subject to the terms and conditions provided at the time of purchase, and MixR is not liable for any issues related to in-app purchases.
Intellectual Property
Limitation of Liability
MixR is not responsible for the products listed on our platform, the fulfillment of orders, or any disputes that arise between users and third-party sellers. We do not guarantee the quality, safety, legality, or authenticity of the products listed, nor do we provide any warranties regarding the products. All claims or disputes related to the products should be directed to the original store where the transaction was processed. MixR disclaims all liability for any loss, damage, or injury arising from the use of our platform, including but not limited to losses resulting from counterfeit products, fraudulent transactions, or shipping errors. Users agree to use the platform at their own risk.
To the fullest extent permitted by law, MixR disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. MixR will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
In no event will MixR’s total liability to you for all claims arising out of or relating to these Terms or your use of the Site or Services exceed the greater of $100 or the amount you paid us, if any, for access to or use of the Site or Services.
All content, features, and functionality on the Site and Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of MixR or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or display any content from our Site or Services without our prior written consent.
By submitting any content to MixR, including but not limited to reviews, comments, and feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, distribute, create derivative works from, publicly display, and perform such content in any media now known or hereafter developed. You represent and warrant that any content you submit does not infringe the rights of any third party and does not violate any law. MixR reserves the right to remove or modify any user content at our discretion.
These Terms and any disputes arising out of or related to these Terms or your use of the Site or Services will be governed by the laws of the state of Delaware, USA, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms or your use of the Site or Services must be brought in a state or federal court located in Delaware, and you consent to the jurisdiction of and venue in such courts.
These Terms, along with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and MixR regarding your use of the Site and Services and supersede all prior agreements, understandings, or representations, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MixR’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at team@mixr.gg
Last Updated: September 1, 2024
