Terms of Service

Mixiv, through its website www.mixiv.com offers a directory of downloadable content and in many instances direct download of such content for your enjoyment. This Agreement governs the terms of service with Mixiv, the use of the services offered on this site ("Offered Services") and the downloadable materials, and the end user service terms. By using Mixiv, you agree that you have read and agree to all of the provisions contained in this agreement.

Mixiv also offers specialized member services ("Mixiv accounts"). The benefits of each Mixiv account level are spelled out on the registration page. In addition to being governed by these Terms of Service, Mixiv accounts are also governed by the terms and conditions on the membership sign up page (also referred to as the Mixiv.com Secure Checkout Agreement), which must be accepted when completing an order through Mixiv, as well as a Content Provider Agreement for those who sign up to sell products through Mixiv. While you need not register for a Mixiv account to use this site, having a Mixiv account enables more features and benefits.

By using the Mixiv website whether with or without a Mixiv account, you agree to be bound by these Terms of Service. Mixiv may modify these Terms of Service from time to time and such modification shall be effective upon posting by Mixiv on Mixiv.com. You agree to be bound to any changes to these Terms of Service when you enter the Mixiv website after any such modification is posted. These Terms of Service include by reference Mixiv’s Privacy Policy, Mixiv’s Copyright and Intellectual Property Policy, and other usage policy's posted on the Mixiv website.

Please choose carefully any information you post on the Mixiv website or which you make accessible to other users. Your Mixiv account profile, should you register to become a Member, may not include the following items of any person other than you: telephone numbers, street addresses, and last names. Any photographs posted by you may not contain any offensive subject matter, such as, but not limited to, nudity or violence. You should further be advised that information provided by other Mixiv website users on the site may contain inaccurate, inappropriate or offensive material, products or services. While Mixiv asks that all posted information be accurate, Mixiv assumes no responsibility or liability for this material.

Mixiv reserves the right, in its sole discretion, to reject, refuse to post or remove any postings (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Mixiv websites and Offered Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline Mixiv event, you agree to release and hold Mixiv harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Mixiv event.

1. Eligibility. By using the Mixiv website and any Mixiv account offered by Mixiv, you represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Mixiv website shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

2. Term/Fees. The fee to use the Mixiv system that will be charged to you (if any) is specified on the features and pricing page, the Terms of Service page, and/or the applicable order form when you place your order. This Agreement shall remain in full force and effect while you use the Mixiv website, the Offered Services, and/or maintain a Mixiv account. Mixiv may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Mixiv account application or such other email address as you may subsequently provide to Mixiv. If Mixiv terminates your Mixiv account because you have breached this Terms of Service Agreement, you shall not be entitled to refund of any kind. Even after a Mixiv account is terminated, these Terms of Service will remain in effect for any use of the Mixiv website, and specifically sections 3, 4, 7, 8, 9, 12, 13, 14, 15 and 16 will survive termination.

3. Cancellation of service by you. You may cancel your subscription to Mixiv services at any time, where as the service will be discontinued immediately. The regular account fee is paid in advance, and is not refundable (not even partially), even if the service is canceled prior to the end of the subscription period.

4. Non Commercial Use. Illegal and/or unauthorized use of the Mixiv website, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website may be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Mixiv for any illegal or unauthorized use of the Mixiv website or Offered Services.

5. Proprietary Rights in Content on the Mixiv website. All material found on the Mixiv website is subject to the Mixiv Copyright and Intellectual Property Policy. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information found on the Mixiv website. In the case of content that is specifically offered for download, you may make one copy of the download for your personal enjoyment only. You may not make any additional copies, make the downloaded content available to others to make copies or otherwise transfer the downloaded materials to the control of any third party.

6. Personal Content Posted on the Mixiv website. Mixiv retains the right to review and delete any content, messages, photos or profiles (collectively, "Personal Content") that in the sole judgment of Mixiv violates these Terms of Use or which may be offensive, undesirable, illegal, harmful or violate the rights of others, or threaten the safety of any Member or the general public. You are solely responsible for the Personal Content that you publish or display (hereinafter, "post") on the Mixiv website or any material or information that you transmit to other Members. By posting any Personal Content to the public areas of the Mixiv website, you hereby grant to Mixiv the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Personal Content on the Mixiv website. This license will terminate at the time you remove such Personal Content from the Mixiv website.

7. You represent and warrant that: (i) you own the Personal Content posted by you on the Mixiv website or otherwise have the right to grant the license set forth in section 5, and (ii) your Personal Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any third party entity. You agree to pay for all royalties and fees owing any person by reason of any Personal Content you post on the Mixiv website. The following is a partial list of the kind of Personal Content that is illegal or prohibited on the Mixiv website: any posting that contains material which: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that you know to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

8. You must use the Offered Services in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members. Although Mixiv cannot monitor the conduct of its Members off the Mixiv website, it is also a violation of these rules to use any information obtained from the Mixiv website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mixiv reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mixiv deems appropriate in its sole discretion. You may not cover or obscure the banner advertisements on your personal profile page, or any Mixiv page via HTML/CSS or any other means. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. Finally, you may not sell or otherwise transfer your profile.

9. Mixiv reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates provisions 5, 6 or 7 of these Terms of Use, including without limitation, removing the offending communication from the Mixiv website and terminating the Mixiv account of such violators.

10. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mixiv to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Mixiv by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Mixiv website in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright and Intellectual Property Policy for reporting such matters: Copyright and Intellectual Property Policy

11. Member Disputes. You are solely responsible for your interactions with other Mixiv Members. Mixiv reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy. Use of Mixiv.com and the offered service is also governed by our Privacy Policy: Privacy Policy

13. Disclaimer. Mixiv i not responsible for any incorrect or inaccurate Personal Content posted on the Mixiv website or in connection with the Offered Services, whether caused by users of the Mixiv website, Members or by any of the equipment or programming associated with or used in connection with the Offered Services. Mixiv website is not responsible for and does not endorse any solicitation or advertisement posted by a Member, unless explicitly stated. Mixiv website is not responsible for the conduct, whether online or offline, of any user of the Mixiv website. Mixiv assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Mixiv is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Mixiv website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Mixiv website and/or in connection with the Offered Services. Under no circumstances shall Mixiv be responsible for any loss or damage, including personal injury or death, resulting from use of the Mixiv website or the Offered Services or from any Personal Content posted on the Mixiv website or transmitted to Members, or any interactions between users of the Mixiv, whether online or offline. The PodShow websites and the Offered Services available thereon are provided "AS-IS" and Mixiv website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mixiv website cannot guarantee and does not promise any specific results from use of the Mixiv website the Offered Services made available thereon.

14. Limitation on Liability. IN NO EVENT SHALL MIXIV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PODSHOW WEBSITES OR THE OFFERED SERVICES, EVEN IF PODSHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXIV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO MIXIV FOR THE OFFERED SERVICES.

Earnings, Income, & Other Results Disclaimer for Mixiv.com and members of Mixiv.com: ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

15. Disputes. If there is any dispute about or involving the Mixiv website and/or the Offered Services, you agree that, by using the Mixiv website, any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Diego.

16. Indemnity. You agree to indemnify and hold Mixiv , its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mixiv website and the Offered Services in violation of this Agreement and/or arising from a breach of these Terms of Service or any breach of your representations and warranties set forth above.

17. Solicitations and advertisements. Unless explicitly stated, Mixiv does not endorse or otherwise take responsibility for any solicitation or advertisement that is found on the Member pages. All users are warned that any action that you take with respect to such solicitations or advertisements is at your own risk. As stated previously, the same warning/disclaimer applies to solicitations and advertisements contained on any third-party site which may be accessed from a link found on the Mixiv website.

18. Anti-Spam Policy Notice for www.Mixiv.com. This Anti-Spam Policy Notice governs the use of the Web page at and its associated services, Web pages, domains and sub-domains, which are owned and operated by by Kazzoe, LLC ("Owners") at www.Mixiv.com and members.Mixiv.com. Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to Kazzoe, LLC and "Web Site" refers to www.Mixiv.com and members.Mixiv.com.

This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, Web Site, or any other matters, please report this activity to Mixiv.com by contacting us.

19. Other. These Terms of Use are accepted upon your use of the Mixiv website and are further affirmed by you opening a Mixiv account. The failure of Mixiv to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.

ANY EXAMPLES OF RESULTS BY MIXIV CUSTOMERS ARE NO GUARANTEE THAT YOU WILL ACHIEVE THE SAME RESULTS AND ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, MAKE NO MONEY AT ALL OR ACHIEVE NO DESIRED RESULTS WITH RESPECT TO WEB SITE TRAFFIC OR SEARCH ENGINE RANKINGS AT ALL.

ALL PRODUCTS AND SERVICES ON WWW.MIXIV.COM ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.

USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON WWW.MIXIV.COM SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.

YOU AGREE THAT OUR COMPANIES ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY WWW.MIXIV.COM, OR OUR COMPANIES' PRODUCTS OR SERVICES.

Publishers, website owners, Intellectual Property Owners or operators who use the Mixiv system to distribute your or another publisher's multi-media content are below referred to as "Content Providers" and the Content Provider Agreement applies specifically to you.

In the event of a conflict between the provisions of Mixiv’s Terms of Service and End User Service Agreement, Privacy Policies and Copyright Policies and the provisions of the Content Provider Agreement, the provisions of the Content Provider Agreement shall have priority.

Up Time

Mixiv.com will do its best to maintain a 99% or better up time of the system.

Confidentiality

All data, content, text, downloads, audio, video, images files that are loaded into the Mixiv system by the Content Provider must be either owned by the Content Provider, or the Content Provider must have the appropriate licenses to such materials. This content, and any intellectual property interests in the content will remain at all times under the ownership or license of the Content Provider. All customer data and credit card information will be managed confidentially and in the secure standards as set by merchant facilities.

All customer data including and not limited to names, email address, phone numbers, postal address details, gender, and personal details that are loaded into the mixiv.com system by the Content Provider or their marketing or promotional resources are owned exclusively by the Content Provider. This information will be stored in a confidential, secure method to ensure safe use of this data and outlined by industry standards.

Credit Card and Merchant information provided by the Content Provider will remain confidential at all times and remain the sole and complete ownership of the Content Provider. This information will only be used by mixiv.com for purposes of providing the Mixiv service.

Each of Mixiv.com and Content Provider, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). In the event that the Receiving Party is required by law to disclose Confidential Information of the Disclosing Party, the Receiving Party will provide the Disclosing Party with prompt written notice of such pending disclosure. For purposes hereof, "Confidential Information" means any information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that relates to such Disclosing Party's business affairs, internal operations, personnel, financial matters, technology, research and development, product plans or offerings, markets, or know-how.

Confidential Information will not include information that:
(i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party;
(ii) was in the Receiving Party's possession prior to receipt of the same from the Disclosing Party, as evidenced by the Receiving Party's prior written records;
(iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information;
(iv) can be proven by competent evidence to have been independently developed by the Receiving Party;
(v) is furnished by the Disclosing Party to a third party without restriction on the third party's right of disclosure;
(vi) is approved in writing for release by the Disclosing Party; or
(vii) is required to be disclosed by order of court or law.

Removing Content and/or Terminating Agreement

Content Provider can remove Content from www.mixiv.com if they no longer wish to distribute the Content through the Site. However, Mixiv will be unable to remove the Content under the following circumstances:

1. Content that is retained in the Content Provider's archives and/or Mixiv's archives as part of the data backup systems will remain in those data back up systems.
2. Content that Mixiv has made available to purchasers in electronic formats may also remain available on the Site (in purchasers' Libraries) to users who have purchased that Content.

www.mixiv.com does not retain any residual rights to the removed Content other than those outlined above. If you choose to terminate your Agreement, the terms above regarding the status of your Content remain applicable.

Special Terms for Customers with 10,000+ Subscribers

Uptime

Mixiv.com will provide Content Provider with prompt notice of any planned technical maintenance of the system or unforeseen technical difficulties that may affect the operation of the site.

Removing Content and/or Terminating Agreement

Content Provider may terminate this Agreement at any time by giving mixiv.com notice at least seven (7) days prior to the next Billing Date.

www.mixiv.com may also terminate this Agreement at any time for any reason by giving Content Provider at least thirty (30) days prior notice, with notice of reason for termination. The Content Provider will have 30 days to rectify this reason for termination to maintain this agreement. If the Content Provider does not rectify reason for termination the account can be suspended. The exception to 30 days notice is if the content or the manner in which it's promoted violates any sections of the Terms of Service, such as but not limited to, violations of privacy, ownership, copyright, law, or offensive material.

Rights Upon Termination

www.mixiv.com will permit a Content Provider to recover data from the Services following termination. Additionally, if applicable, within thirty (30) days of termination of this Agreement Client must move the Domain Name from any www.mixiv.com servers.

Overage Charges

Additional overage fees will be charged to Content Provider when the number of subscribers exceeds 10,000. This is to cover additional costs Mixiv incurs, such as added bandwidth, servers, software, staff time, etc. The overage fees are specified on the pricing page at http://mixiv.com/docs/features_and_pricing.