Miix.com Terms of Service - Current as of April 2, 2007

Welcome to Miix.com, a social networking site where members can create unique personal profiles online in order to find and communicate with old and new friends. By using the Miix site, you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Serivce's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility
You must be 18 years or older to use the Miix Service. By registering for the Miix Service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Miix.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Conduct and Appropriate Content
The Miix Service is made available for your personal, non-commercial use only. You may not use the Miix Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Miix.com Service.

This Agreement includes Miix.com's policy for acceptable use of the Miix Services and Content posted on the Miix Website, your rights, obligations and restrictions regarding your use of the Miix Services and Miix.com's Privacy Policy. In order to participate in certain Miix Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Miix Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Your Miix.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Miix.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Miix.com assumes no responsibility or liability for this material. If you become aware of misuse of the Miix Services by any person, please contact Miix or click on the "Report Inappropriate Content" link at the bottom of any Miix.com page.

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

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Miix respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Limitation on Liability
IN NO EVENT SHALL MIIX.COM OR MIIXER INTERACTIVE INC. 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 SERVICES, EVEN IF MIIX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIIX.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIIX.COM FOR THE MIIX SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity
You agree to indemnify and hold Miix.com and/or Miixer Interactive Inc, its subsidiaries, and affiliates, and their respective officers, agents, 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 Miix Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Miix Website or through the Miix Services causes Miix.com to be liable to another.

Privacy
Use of the Miix Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers
Miix.com and Miixer Interactive Inc. are not responsible for any incorrect or inaccurate Content posted on the Miix Website or in connection with the Miix Services, whether caused by Users of the Miix Services or by any of the equipment or programming associated with or utilized in the Miix Services. Profiles created and posted by Members on the Miix Website may contain links to other websites. Miix.com and Miixer Interactive Inc. are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Miix.com. Inclusion of any linked website on the Miix Services does not imply approval or endorsement of the linked website by Miix.com or Miixer Interactive Inc. When you access these third-party sites, you do so at your own risk. Miix.com and Miixer Interactive Inc. takes no responsibility for third party advertisements which are posted on this Miix Website or through the Miix Services, nor does it take any responsibility for the goods or services provided by its advertisers. Miix.com is not responsible for the conduct, whether online or offline, of any User of the Miix Services. Miix.com 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. Miix.com 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 on any of the Miix Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Miix Services. Under no circumstances shall Miix.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Miix Services, attendance at a Miix.com event, from any Content posted on or through the Miix Services, or from the conduct of any Users of the Miix Services, whether online or offline. The Miix Services are provided "AS-IS" and as available and Miix.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Miix.com cannot guarantee and does not promise any specific results from use of the Miix Services.