Terms and Conditions

Use of Content

As a user of the Mixipix Services you have the right to select, edit and send any graphical content that is made publicly available on the Mixipix Site, solely through the means of the Mixipix editing and delivery technologies. The use of all such Mixipix Content is limited to transmission via the mobile phone network and no transfer of ownership of Mixipix Content is or should be implied by the use of this material. You may not copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Mixipix Site. You may not remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or the Services except as set out in these Terms and Conditions.

What You Agree To

You hereby agree not to reverse engineer or decompile (whether in whole or in part) any software used in the service, copy or use any material from the Site and/or Service for any commercial purpose and/or remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site and/or Services. You warrant that you will only use the Site and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and that you shall not (and shall not authorise or permit any other party to): receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful; circumvent user authentication or security of any host, network or account nor interfere with service to any user, or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Mixipix will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.

Your Account

Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Site and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.

Access Information

As the registered user of the account you will: keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text; provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes.

Your Personal Information

In order to provide the Service to you, we require to hold and process the personal information you give us. We only use this in the provision of the Services and for carrying out analysis and research in relation to the Service and related activities and we only disclose it to other parties for those purposes or where required to do so by law. Where you input details of other people into your personal directory and use other people’s telephone numbers to send content, you should be aware that we will be holding and processing these details on your behalf and we are assuming you are entitled to give us this information and that those people will not object to us holding it for the purposes of the Service. In any event, we will only use this information to provide the Service to you and in accordance with your instructions and for no other purpose.

You should note that if our business (or any part of it) is sold or transferred at any time, the information we hold may form part of the assets transferred though will still only be used in accordance with these terms.

Use Of The Service

Use of the Services is currently free. However, Mixipix reserves the right to charge for access to part or all of the Services in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Site and in any accompanying terms and conditions.

The Site and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Mixipix, nor any of its employees make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Site or in the Services. You acknowledge that Mixipix is unable to exercise control over the security or subject matter of Content passing via the Services and Mixipix hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

Availability

Mixipix shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, other communications networks, too many people trying to use the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

Changes to the Site

Mixipix reserves the right to modify the Site and/or the Services or suspend or terminate the Site and/or the Services or access to part or all of them at any time. mixipix may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever. Mixipix may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if Mixipix ceases to offer the Site and the Services to its customers for any reason whatsoever.

Indemnity

You hereby agree to fully indemnify and to hold Mixipix harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to Mixipix by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Mixipix in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

Revisions of Terms and Conditions

Mixipix reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.