Effective Date: 6/22/2010
1. Your Access and your acceptance of the present Terms of Service:
Welcome to NetMixer.com - Networking & Business Events where you can Build Your Network™. NetMixer.com is a media, marketing, advertising, and event planning organization that specializes in networking and business related events, listings, and advertisements.
Since this website may deal with alcohol or other adult material where you may be required to be 21 or older, THIS SITE IS FOR USE OF THOSE 21 AND OLDER ONLY. To access or utilize any portion of this site or to have someone do so on your behalf, you are required to be over the age of 21. If you are not 21 or over in age, please promptly close your browser at this time as you are not authorized to view this website.
NetMixer.com provides this Service to you, subject to the present Terms of Service ("TOS") and any other duly executed written agreements between NetMixer.com and you (or your company or any other person or entity entitled to contract on your behalf), that are explicitly agreed as applicable to your access or use of this Site.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCEPTING THESE "TOS" BY REGISTERING FOR AN EVENT VIA THE SERVICE'S EVENT REGISTRATION PROCESS, OR BY ACCESSING ANY PORTION OF THE SITE, OR USING THE SERVICE OR THE SITE OR ANY PORTION THEREOF, OR ALLOWING OTHERS TO DO SO. You warrant and represent to NetMixer.com and other subscribers to this Site that you are sufficiently authorized to (a) accept the TOS on your behalf or on the behalf of yourself, your company or any other person or entity on whose behalf you are accessing the Site or are using the Service, and (b) to access the Site or use the Service in the way in which you access the Site or use the Service.
If for any reason (a) you are not sufficiently authorized in accordance with the foregoing or (b) you do not accept these TOS or any portion thereof, please contact NetMixer.com immediately; you may not be authorized to use the Service or any other portion of the Site.
You further acknowledge and agree that, in order to maintain flexibility in the Service, NetMixer.com may from time to time change the TOS. However, these changes are not retroactive. They apply, as of the day of their availability or other communication to you, including display of notices or links to notices on this Site, to new orders of or use of the Service and to ongoing transactions. Otherwise, for a change to be valid, you and NetMixer.com must mutually agree and duly execute the appropriate documentation. Additional or different terms in any order or communication from you are void.
You understand and agree that it is your responsibility to familiarize yourself with any such changes facilitated by NetMixer.com, which may be accomplished by your identifying the then current version by the Effective Date of the last change to the TOS.
In addition, when Using particular NetMixer.com services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOS.
"Confidential Information" means the confidential and valuable information of a party which the party desires to protect against disclosure or competitive use and which is in written or electronic form, or is disclosed orally, and is identified or marked "confidential" or "proprietary" or with a designation of similar meaning (or if disclosed orally, identified as such at the time of disclosure or within 30 days after such disclosure), or any information which a reasonable person would deem to be non-public information. In addition, Confidential Information also includes all information made available by NetMixer.com through the Site relating to any ancillary service provider used with or in the Site or required to provide you the Service, and any technology or know-how, and other information including Content which by its nature is clearly to be deemed confidential or proprietary information of NetMixer.com. User ID's and associated passwords are also Confidential Information.
"Content" shall mean all information, schedules, marks, data, text, software, music, sound, photographs, images, graphics, video, messages or other materials whether publicly posted or privately transmitted by individuals or entities while using the Service or collected or generated by NetMixer.com from such use in accordance with NetMixer.com's Policy on Privacy as attached to this Agreement as Appendix 1.
"Intellectual Property Rights" means U.S. patent rights, trademark rights, copyright rights (including, but not limited to, rights in audiovisual works and moral rights), trade secret rights and any and all other intellectual property rights recognized by the law of the applicable jurisdiction, including all current and future rights and all such rights arising out of NetMixer.com's providing the Site or Services hereunder. It also includes all like or similar rights that may exist in any country other than the United States of America where the Site or Services are used pursuant to this Agreement.
"Service" shall mean the services or any portion thereof available on the Site. Unless explicitly stated otherwise, any new features that augment, enhance or modify the current Service, including the release of new properties of NetMixer.com or its suppliers, shall be subject to the TOS.
"Site" shall mean the collection of files available to you through the http protocol of the internet at the Uniform Resource Locator (URL) http://www.NetMixer.com. For the purposes of these TOS, this definition of Site includes Content.
"Use" or "Using" means access to the Site and/or utilization of the Service.
"You" or "your" or like words may refer to the individual or the legal entity reviewing, entering into and agreeing to the terms of this document.
3. Your Registration and Obligations:
In consideration NetMixer.com granting you access to the Site and offering you Use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself and/or your company as prompted by the Service's email and/or account signup forms ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NetMixer.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NetMixer.com has the right to suspend or terminate your account and refuse access to the Site and refuse any and all current or future Use of the Service (or any portion thereof).
5. Member Account, Password, & Security:
You may sign up to get on our email list during the Service's registration process. You agree to (a) immediately notify NetMixer.com of any unauthorized use of your email address or any other breach of security. You acknowledge and agree that, in view of technical constraints and in view of the negotiated Service or Event fee which represents the agreed and bargained compensation reflecting the allocation of the risks associated with the use of the Service, NetMixer.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct:
Under no circumstances will NetMixer.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Without limiting the generality of the foregoing, you further agree not to Use the Service or other portion of the Site to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a NetMixer.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
7. Special Admonitions for International Use:
Recognizing the global nature of the World Wide Web (also known as the Internet), you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and applicable laws regarding the transmission or exchange of personal data in the country you reside and any country the transmission or exchange of personal data related to.
8. No Resale of Service:
You agree not to reproduce, in whole or in part, in any form or by any means, including electronic or mechanical, photocopying, recording, or by any information storage and retrieval system now known or hereafter invented, without written permission by NetMixer.com or its licensors, any portion of the Site or Service, the use of the Service, or access to the Service, or sell, resell or otherwise commercially exploit any portion of the Site or Service, the use of the Service, or access to the Service. You specifically agree that, unless agreed in writing between you and NetMixer.com, your access to and Use of the Site does not allow you to Use the Site or Service in any way which would be competitive to the Site or Service.
9. Modifications to Services:
NetMixer.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NetMixer.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NetMixer.com, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if NetMixer.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NetMixer.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that NetMixer.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NetMixer.com shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NetMixer.com has no control over such sites and resources, you acknowledge and agree that NetMixer.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NetMixer.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such World Wide Web site or resource.
12. NetMixer.com's Proprietary Rights:
- create interoperability between the Software and any external software system;
- de-compile or reverse engineer the Software;
- in any other way obtain access to or information which is part of the source code of the Software;
- modify any portion of the Software or create derivative works of the Software;
- download any portion of the Software;
- use the Software for any other purpose than using the Service and, when doing so, using the Software in a form or manner different than the form and manner defined explicitly by NetMixer.com or implicitly by NetMixer.com by designing the Service and Site and your form and manner of using Service or Site; or
- license, sublicense, sell, resell or exploit commercially in any other form or manner the Software. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NetMixer.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or otherwise commercially exploit create derivative works based on the Service, in whole or in part
13. Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NetMixer.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NetMixer.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE CODE, FUNCTIONALITY OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NetMixer.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NetMixer.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NetMixer.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS THE SITE OR USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. Exclusions and Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, IN SUCH A CASE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
18. Compliance with Laws:
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site or Service , or your ordering of, bidding on or purchase of products and services, if applicable, and posting and retrieval of information (including without limitation those governing antitrust, unfair competition, false advertising, tax and export control). You are responsible for paying all applicable fees and taxes you incur in connection with access of our servers. You acknowledge that we have an express policy of complying with the antitrust laws and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. TO FURTHER THAT END, YOU REPRESENT AND WARRANT TO US THAT YOU DO NOT INTEND TO USE THE SITE TO VIOLATE THE ANTITRUST LAWS AND WILL NOT KNOWINGLY ACT AS A CONDUIT OR INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.
19. General Information:
With the exception of the terms included during a specific action taken using NetMixer.com, the TOS constitute the entire agreement between you and NetMixer.com and govern your use of the Service, unless an expressed written agreement has been executed between NetMixer.com and you and/or your company in which case the executed agreement between you and/or your company and NetMixer.com would apply to the extent there is a conflict between the TOS and said agreement. You also may be subject to additional legalities that may apply when you use affiliate services, third-party content or third-party services. This site is operated by NetMixer.com from their offices in Philadelphia, Pennsylvania, United States of America. All matters relating to the present TOS, your access to , or use of, the Site or the Service shall be governed by U.S. Federal Law or the laws of the State of Pennsylvania (excluding its provisions relating to conflicts of laws and excluding the United Nations Convention on the International Sale of Goods) . Any legal action or proceeding relating to the TOS, your access to, or use of, the Site or the Service shall be settled by arbitration. The arbitration will take place in Philadelphia, under the auspices of the American Arbitration Association ("AAA") subject to any provision or limitation provided in this Agreement that shall supersede the AAA rules. In the event the Parties cannot agree upon a single arbitrator within sixty (60) days from either request for arbitration of any dispute or claim, the arbitrator shall be selected pursuant to the AAA Rules. The arbitration shall be conducted in Philadelphia, Philadelphia County, Pennsylvania at such location as the Parties may mutually agree upon. If a location cannot be mutually agreed upon, the arbitrator shall make arrangements for a hearing in Philadelphia. Nothing in this Agreement shall require the Parties to use the services of the AAA unless the parties cannot agree on the selection of an arbitrator. The arbitration fee shall be borne by the losing party. The failure of NetMixer.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You may not access, download, use or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violations of any applicable local laws or regulations.
Use of the NetMixer.com website for solicitation purposes is prohibited. Any violation will be considered a trespass. If any unauthorized party attempts to send unsolicited messages to NetMixer.com email addresses, NetMixer.com will take appropriate action.
20. NOTICE REGARDING AUDIO/VIDEO RECORDING OF EVENTS:
When you enter an event that is sponsored, planned, or involves NetMixer.com or the NetMixer.com "Group of Companies", you will be entering an area where photography, video, and/or audio recording may occur.
By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on web sites, or any other purpose by NetMixer.com and "Group of Companies", its sponsors and their respective affiliates employees, agents, directors, officers and representatives. You release NetMixer.com and "Group of Companies", its sponsors and their respective officers, directors, agents and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.
By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, webcasting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by NetMixer.com and "Group of Companies" or the person or entity designated to do so by NetMixer.com and "Group of Companies".
You have been fully informed of your consent, waiver of liability, and release before entering the event.
21. Pictures, Photos, and Video:
All pictures & photos taken by NetMixer.com owners, staff, or hired/paid agents are exclusively owned by NetMixer.com, LLC and related properties. Photos may not be copied or reused for purposes other than NetMixer.com & its related properties unless specific written permission is granted on each occasion. An image/photograph may be used to promote NetMixer.com & related properties' initiatives. If you agree to let our photographers take your photo, you are releasing any rights or licensing to the photographs and also agree that your picture may in fact be placed on our website. However, as a courtesy, NetMixer.com & its related properties will remove a specific photograph from the website if asked. To request a picture to be removed, please contact us.
NetMixer.com's Policy on Privacy:
Collected information and purpose of collection:
NetMixer.com may use User's IP address to help diagnose problems with NetMixer.com's server, to administer NetMixer.com's Web site, or to gather broad demographic information.
User may choose to fill out a registration form on the Site with contact information that NetMixer.com or its affiliates and partners may need. This information may be used as stated when you signed up to send User requested information or products, to contact User with other product information, news or promotions, and to learn more about NetMixer.com visitors. User may choose to not receive any further information from NetMixer.com any time (more details in the Choice/Opt-out section below).
If User gives NetMixer.com its e-mail address, NetMixer.com may communicate with User via e-mail. However, NetMixer.com does not share User's e-mail address with others outside the NetMixer.com group of companies, as indicated below, and will not place User's email address on any other mailing lists without the knowledge of the User. User can choose not to receive e-mails at any time (more details in the Choice/Opt-out section below). For the use of e-mail addresses in connection with e-mail based services, reference is made to the paragraph "Registration for third party services at NetMixer.com." below.
Registration for Third Party Services at NetMixer.com:
Demographic and User Profile Data:
NetMixer.com may use demographic or user profile data collected to tailor User's Site experience, showcase content that NetMixer.com thinks may interest User, and display information that matches User's preferences. This data also gives NetMixer.com an insight into User's needs and interests to provide a better service overall.
Links to Other Sites:
The Site may contain links to other sites. NetMixer.com is not responsible for the privacy practices or the content of other web sites whose operations are subject to the policies of the respective site.
Choice To Opt Out - At Any Time:
User can opt-out of receiving communications from NetMixer.com via clicking "unsubscribe" at the bottom of any of our emails. This removal is instant and you can sign up again at any point in the future.
NetMixer.com "Group of Companies":
"Group of Companies" refers to NetMixer.com, UpcomingEvents.com, YoungProfessionalEvents.com, SinglesEvents.com, PhillyTrips.com, NetworkInPhilly.com, and NYEphilly.com only. No other companies fall under the terminology "Group of Companies" as of the date of the Terms.
By using the NetMixer.com site, Subscriber consents to the collection and use of the information as described here.
If you have any questions, please Contact NetMixer.com.