Terms of Service
Last Modified: Oct 1, 2022
- 2.Personal data protection
- 3.Services usage
- 4.Limited License
- 5.Content and content rights
- 6.Rules of conduct, general prohibitions, rights of control by MIXR Labs
- 7.Events participation
- 8.Lotteries, contests, sweepstakes, surveys and similar promotions
- 9.Beta testing
- 10.Third-party websites and resources
- 11.Disclaimer of Warranties
- 12.Limitation of Liability
- 13.Dispute Resolution
- 14.General provisions
- 15.Special conditions for Residents of the Republic of Korea
- 16.Special conditions for Residents of the European Economic Area
- 17.Special conditions for Residents of Germany
- 18.Special conditions for Residents of Russian Federation
We launch AR applications, including games for mobile devices ("Apps"), and manage AR platforms ("Platform"). Please read this MIXR Labs user agreement of the Terms of Service and any applicable Application manuals (the "Manuals", collectively the "Terms"), as the Terms define the rules for your use of Applications and the Platform. The Terms also regulate your interaction with any sites owned or operated by us (the "Sites"), the purchase of any MIXR Labs promotional products, participation in face-to-face events and promotions of MIXR Labs (the "Events") and, more broadly, your use of any MIXR Labs products and services (which together with the Applications and the Platform are referred to as "Services").
Depending on your country of residence, special conditions may apply to you that differ from the Conditions - read the corresponding section below.
These Terms are concluded between you and the company MIXR LTD., registered and allowed to carry out activities according to the jurisdiction of the country of registration. In these Terms , MIXR LTD. collectively referred to as "MIXR Labs" or "we".
By using the Services, you agree to these Terms and conditions. If you do not agree to these Terms, you are not entitled to use the Services. MIXR Labs may make changes to these Terms at any time, and if we do so, we will notify you by posting a new version of the Terms on the Website or in the App. It is important that you familiarize yourself with any modified version of the Terms before continuing to use the Services. If you continue using the Services, you will be bound by the Terms in the new edition. If you do not agree to the amended Terms, you cannot use the Services.
SECTION 13 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF THE RIGHT TO A CLASS ACTION, WHICH AFFECTS YOUR LEGAL RIGHTS. If you are a user from a country of the European Economic Area ("EEA") or another country that does not allow the inclusion of such an arbitration agreement, section 13 does not apply to you.
If you violate these Terms, we may take retaliatory measures against you, including, but not limited to, the cancellation of your account. You acknowledge that MIXR Labs is not obliged and will not reimburse you for using the Services that you will lose access to as a result of the suspension or cancellation of your account by us.
MIXR Labs prohibits gaming fraud - "cheating", and we regularly take actions to improve our anti-cheating measures. Cheating refers to any actions that are aimed at changing or violating the normal operation or rules of the Services that really affect their work. Cheating includes, but is not limited to, the following actions performed on your behalf or on behalf of others:
- participation in the game using multiple accounts for one Service;
- sharing accounts;
- using any means of changing or falsifying the location of the device (for example, cheating ("spoofing") GPS systems);
- selling accounts or trading them.
Using our Services, do not forget about others, play and communicate in compliance with security measures. You agree that you use the Services at your own risk, that you will not use the Services to violate any applicable laws, regulations, event rules or instructions specified in these Terms, and will not encourage any other persons to take such actions or provide them with the opportunity to commit such actions.
You also agree not to post any illegal, inappropriate or commercial Content (as defined below) when using the Services. You agree not to report inaccurate, misleading or inappropriate Content, including when reporting or editing data or sending requests for data deletion.
MIXR Labs does not consider Apps as medical devices or medical consulting tools.
You agree to maintain safe and proper relationships with other players and with other people from the real world during the use of the Services. You will not harass, threaten or otherwise violate the legal rights of others. You must not violate the boundaries of someone else's property or in any way seek or obtain the right of access to any objects or to any places where you do not have the right or permission to stay, and must not commit other actions that could cause harm to any persons, cause the death of any person or damage property, cause concern or become grounds for bringing to responsibility of any kind. If you have a dispute with any third party regarding your use of the Services, you must protect MIXR Labs (and our officers, directors, representatives, our subsidiaries, joint ventures and our employees) from liability for any claims and/or compensate them for all property losses (direct and indirect) of any kind of nature, both known and unknown, presumed and unprovoked, disclosed and undisclosed, which will arise from such a dispute or in any way be related to it.
If you want to use any specific Services, you need to create an account - account ("Account"). You also need to have a supported smartphone with the ability to access the Internet. A list of supported devices can be found in the help centers on the MIXR Labs website. We do not service devices with changed root access or hacked devices.
You can create an Account using (a) our registration system or (b) use another third-party account of your choice supported by us on the account creation page in the App.
You agree not to disclose your Account password to anyone and undertake to notify us immediately in case of any unauthorized use of your Account. MIXR Labs takes its security obligations seriously; however, you are responsible for all actions performed using your Account, both with or without your knowledge.
We may suspend or terminate your access to the Services and your rights to use the Services at any time and without notifying you, including in the following cases: (a) your violation of these Terms and conditions; (b) if we suspect fraud or cheating on your part or if you use the Content or Services for other purposes; or (c) if we suspect any other illegal activity using your Account. If your Account remains inactive (not in use, and no one logs on to it) for some time, we will notify you through the Services or the App before deleting your Account.
You can delete your Account at any time by visiting the App's help centers. Upon termination of access to any Services or deletion of your Account, the following provisions of these Terms will remain in effect: Content Rights, Rights Granted by You, Disclaimer of Warranties, Indemnification, Limitation of Liability, Dispute Resolution, General Terms and this Offer.
Unless otherwise specified for a particular Service, kids are not allowed to use the Services. A "kid" ("child") is a person (a) who has not reached the age of 13 or the age from which consent to the processing of personal data can be provided (for residents of countries outside the EEA, except the Republic of Korea); (b) who has not reached the age of 16 or the age from which consent can be provided to process personal data in one’s country of residence (for residents of the EEA); or (c) under the age of 14 (for residents of the Republic of Korea). The MIXR Labs website contains information about age restrictions for each of our Apps.
In order for a Kid to gain access to Services that allow kids to participate, the verified consent of the Child's parents or official guardians ("Parents") must be provided. Parents can provide and verify their consent via [email protected] or other third-party authorized provider, which can be accessed through the Service. In cases where parental consent is required, MIXR Labs recommends that Parents monitor the Kid's online activity and use of the Service.
The process of providing and verifying consent for the admission of Kids is carried out by one or more third-party providers ("Verification Service Provider"). The Parent must register with the Verification Service Provider before the Kid can use the Services. The verification service Provider will ask the Parent to confirm their identity and consent to the creation of an Account for the Kid. After confirming the identity and obtaining the consent of the Parent, the Verification Service Provider will allow the Parent to create an Account for the Kid. Parental consent is valid only for the Service for which it was provided.
A parent wishing to revoke a previously granted consent for a Kid's access to the Services and use of the Services must follow the instructions for deleting the Account, which can be found in the appropriate help centers.
Purchases through the Services can only be made by Account holders who either (a) have already reached the age at which they are entitled to enter into transactions in their country of residence; or (b) have not yet reached that age, but have received Parental consent to use the Services. Parents can set the App settings in a way that allows them to restrict purchases made through the App by their Kid, and they should monitor the activity in their Kid's Account, including purchases of Virtual Money or Virtual Goods.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIXR LABS REFUSES TO ACCEPT ANY RESPONSIBILITY FOR ANY ACTIONS PERFORMED BY A KID ("CHILD") WITHOUT PARENTAL PERMISSION. IF YOU ARE A PARENT AND PROVIDE YOUR PERMISSION TO REGISTRATION (SIGN UP/LOGIN) YOUR KID IN ONE OR MORE SERVICES, YOU THEREBY AGREE TO THE TERMS GOVERNING THE USE OF THE SERVICES BY YOUR KID.
Subject to your compliance with these Terms and conditions, MIXR Labs grants you a limited non-exclusive license (without the right to transfer and grant sublicenses) to download and install a copy of the Applications on a mobile device and run such copies of the Applications solely for your own personal non-commercial purposes. Unless expressly permitted by these Terms or applicable law, you may not: (a) copy, modify the Applications or create derivative works based on them; (b) distribute, transfer Applications, sublicense Applications, lease, temporary use or rent them to third parties; (c) restore the source code of Applications by decompiling or disassembling them, or (d) provide access to Application functions to multiple users by any means. MIXR Labs reserves all rights to the Applications not expressly granted to you by these Terms.
Subject to your compliance with these Terms, MIXR Labs grants you a personal, non-commercial, non-exclusive, limited license with the right to revoke and without the right to transfer and grant sublicenses to download, view, demonstrate and use Content exclusively for the types of use permitted to you within the Service. "Content" means texts, computer programs, scripts, graphic materials, photographs, sound, music, video materials, audiovisual works, messages, interactive functions, copyrighted works of any kind and informational or other materials that are created, transmitted or otherwise made available through the Services, including User Content. "User Content" ("User-generated Content") means any Content that a user of the Service makes available through the Service.
MIXR Labs does not claim any ownership rights to User Content, and nothing in these Terms limits your rights to use its User Content. Subject to the foregoing, exclusive rights, other proprietary and non-proprietary rights to the Services and Content, including all related intellectual property rights, belong exclusively to MIXR Labs and its licensors. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States of America and other countries. You agree not to remove, modify or conceal any copyright, trademark or service mark notices or any other proprietary notices included in or accompanying the Services or Content.
By providing access to any User Content through the Services, you grant MIXR Labs a non-exclusive, transferable and sublicensed, worldwide, royalty-free, perpetual license (or, if not permitted by applicable law, a license for the entire duration of exclusive rights under any applicable law, including any of its extensions) for use, copying, modification, use as a basis for the creation of derivative works, public demonstration, public performance, advertising, promotion and distribution of your User Content in connection with the operation of the Services and the provision of Content to you and any third parties. By agreeing to these Terms, you authorize MIXR Labs to freely benefit from the above rights, including, but not limited to:
- reproduce User Content by any means and in any form;
- to broadcast publicly or to provide access to User Content (or any product containing User Content) for a fee or free of charge in all places, by any means and by any means that are known or unknown at the moment, in particular, via the Internet, with pay-per-view, with payment for the game, in the format of art or television broadcasting, on DVD and in printed form;
- use User Content to demonstrate, promote and advertise all MIXR Labs Services;
- to produce or order the production of any new products or services from User Content or from any product containing or using User Content reproduced in its original form or modified at the discretion of MIXR Labs or any other person at the choice of MIXR Labs.
You are solely responsible for all your User Content. You represent and warrant that you have exclusive rights with respect to your User Content or have all the rights necessary to grant us license rights to your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content through the Services, nor any use of your User Content by MIXR Labs on the Services or through the Services will violate the intellectual property rights of third parties, their rights to publicity or confidentiality and will not cause a violation applicable legislation. To the extent permitted by applicable law, you also agree not to exercise your personal non-proprietary rights (or equivalent rights under applicable law), such as your right to be identified as the author of any User Content, in relation to MIXR Labs or any third party that MIXR Labs specifies.
In a number of Applications, Account holders are allowed to capture virtual objects during the game, including, but not limited to, game characters and other objects ("In-game Exchange Objects"), and exchange them. Unlike Virtual Money and Virtual Goods, in-game exchange objects are obtained by participants during the game at no additional cost. In-game Exchange Objects constitute a category of Content, and You acknowledge that you do not acquire any ownership rights to In-game Exchange Objects and that In-game Exchange Objects do not have monetary value. In-game exchange Objects can be exchanged with other Account holders for other in-game Exchange Objects, but In-game exchange Objects cannot be sold, alienated or exchanged for Virtual Money, Virtual Goods, real goods, real money or real services, or for any other counter provision from our or someone else's side.
You agree that the Objects of in-game exchange can be obtained by you only from other Account holders and with the help of funds provided by MIXR Labs, and not through some third-party platform, some intermediaries or other mechanisms, unless special permission is granted. Any such sale, alienation or exchange operations (as well as any attempts to do so) are prohibited, and their commission may become the basis for deleting your Account or canceling such in-game Exchange Objects. All in-game exchange Objects and other Content elements are provided "as is", without any guarantees, except in situations where this is prohibited by applicable law.
Some Applications allow players to purchase virtual currency ("Virtual Money"), which is unique to each Application, and use such Virtual Money to purchase virtual objects or services that are expressly permitted for use by the terms of the relevant Application ("Virtual Goods"). Virtual money is a category of Content. You can access Virtual Goods and purchase them for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights to Virtual Money or Virtual Goods. No balances of Virtual Goods or Virtual Money have any prepaid value, and you agree that neither Virtual Goods nor Virtual Money have a monetary value and are not currency or property of any type. Virtual Money can only be used to purchase Virtual Goods and cannot be sold, alienated or exchanged for real money, real goods or real services from our or anyone else's side. You agree that you will receive Virtual Money and/or Virtual Goods only from us and only in the ways provided by us, and not from any third parties, unless there is an express permission to do so. After you purchase a license for Virtual Money or Virtual Goods, you cannot transfer them to another person or transfer them to another account. Any such sale, alienation or exchange operations (as well as any attempts to do so) are prohibited, constitute a violation of these Terms and Conditions and their commission may become the basis for the cancellation of such Virtual Money or Virtual Goods or the deletion of your Account.
During the validity period of your Virtual Money License, you can use Virtual Money to purchase selected Virtual Goods. As stated below, all Virtual Money, Virtual Goods and other Content elements are provided "as is", without any guarantees. You agree that any sale of Virtual Money and Virtual Goods by us to you is final and that we will not allow the exchange or refund of any unused Virtual Money or Virtual Goods upon completion of the transaction.
As a general rule, we have the right to offer, modify, withdraw from circulation and/or cancel Virtual Money, Virtual Goods, Content and/or Services or any part thereof at any time without notifying you and without any liability to you. If we stop using Virtual Money or Virtual Goods, we will send you a notification 60 days prior to such termination by posting it through the Services or using other means of communication.
You can send feedback, comments and suggestions for improving the Services ("Feedback") by contacting us via social networks or through support channels. Feedback is a form of User-generated Content.
MIXR Labs complies with copyright laws and expects users to comply with them. MIXR Labs adheres to the policy of deleting, in appropriate circumstances, the Accounts of those users who violate or may violate the copyright of the copyright holders. For more information, see the MIXR Labs Copyright Policy.
You agree that you are personally responsible for your behavior and your User Content when using the Services, as well as for all consequences of your actions. In addition, you agree not to perform the following actions, unless the applicable law imperatively requires you to be granted the right to perform them:
- to collect and store information about other users on the Services that allows you to establish their identity, and to share such information without their express consent;
- extract, collect or index individual elements of Services or Content (including user information or game scenarios);
- use the Services or Content or any part thereof for any commercial purposes or in a manner not permitted by these Terms, including, but not limited to, (a) collecting objects or resources embedded in the Apps for sale outside the Apps, (b) providing services in the Apps in exchange for payment outside the Apps, or (c) the sale, resale or rental of Apps or your Account;
- attempt to access the Services or Content or search through the Services or Content or download Content from the Services using technologies or means other than those provided by MIXR Labs or other publicly available third-party browsers (including, without limitation, automation programs, bots, robot search programs, data mining tools or various kinds of hacking tools, agents, engines and devices);
- attempt to decrypt, decompile, disassemble or otherwise open the software used for the operation of the Services and the transmission of Content;
- circumvent, eliminate, deactivate, descramble or otherwise overcome any technical means that MIXR Labs or any MIXR Labs contractors or other third parties (including other users) use to protect the Services or Content;
- use, demonstrate, copy or display the Services or any of their individual elements, the name of MIXR Labs, any trademarks, logos of MIXR Labs or other information that is the property of MIXR Labs, or the markup and design of any page or any Application in the absence of the express written consent of MIXR Labs;
- post, publish, communicate or transmit any Content that violates, misuses or infringes on any patent rights, copyrights, trademark rights, trade secrets, personal non-property rights or other intellectual property rights or rights to publicity or confidentiality of any third-party;
- to gain access to non-public sections of Services, MIXR Labs computer systems or technical means of delivery of MIXR Labs providers, hack their protection or use them;
- try to find vulnerabilities in any MIXR Labs systems or networks or Services, hack information security systems or authentication tools;
- use meta tags or other types of hidden text or metadata that contain trademarks, logos, URLs or product names of MIXR Labs, without the express written consent of MIXR Labs;
- forge any TCP/IP packet headers or any part of the header information in any e-mail messages or posts in thematic conferences or in any way use Services or Content to send information with a modified, misleading or false indication of the source of the information;
- interfere with or attempt to interfere with any user's access to the host or network, including, but not limited to, by introducing a virus, provoking overload, overflow, spam mailings or other mail attack on the Services;
- delete, hide or in any way change any attribution (copyright), warnings or links in the Services or Content;
- violate any applicable laws or regulations;
- incite someone to commit or give someone the opportunity to commit any of the above actions.
MIXR Labs is not obliged to monitor access to or use of the Services or Content, or to check, or edit any Content, we have the right to do so in order to ensure the normal operation of the Services, compliance with these Terms, as well as all applicable laws and other regulatory requirements. We reserve the right to remove any Content or block access to any Content at any time and without prior notice. MIXR Labs may remove any Content that we deem questionable or in violation of these Terms. We have the right to conduct checks on violations of these Terms or actions affecting the Services. We can also contact law enforcement agencies and assist them in bringing to justice users and other persons who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE OPERATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TO ENDANGER THE LEGITIMATE OPERATION OF ANY SITE OR APPLICATION OR TO USE THE SITES OR APPLICATIONS FOR YOUR OWN PURPOSES IS A VIOLATION OF THE MIXR LABS USER AGREEMENT OF THE TERMS OF SERVICE AND MAY BE QUALIFIED AS A VIOLATION OF THE LAW, ENTAILING CRIMINAL AND CIVIL LIABILITY.
The term "Events" means any personal meetings, meetings, actions, etc., organized, hosted or managed by MIXR Labs, as well as any Promotions (defined below). By registering or, when required, purchasing tickets for an Event, you represent and guarantee that the information you provide is reliable and accurate. If you register or purchase tickets on behalf of others, you represent and warrant that you have all the rights and consents necessary to register and communicate this information for others.
Taking into account the norms of the current legislation and the exceptions provided for in these Terms, tickets for Events are not subject to refund or exchange and cannot be transferred to other persons. To gain access to the Event, a reasonably acceptable identity document may be required, for example, a driver's license or passport with the name and surname in the form in which they were indicated when submitting a preliminary application for participation. Resale or attempt to resell tickets entails their cancellation without refund of the ticket price. Tickets received from unauthorized suppliers may be invalid, lost, stolen or counterfeit and will not be accepted. Lost, stolen or destroyed tickets cannot be replaced. Commercial use of tickets is prohibited without the written consent of MIXR Labs, Tickets cannot be returned either for cash or with funds offset against future purchases. You agree to comply with any published restrictions on the number of tickets; Any orders that exceed or violate such restrictions will be canceled without notice and refund. The number of seats and/or tickets for Events may be limited, and MIXR Labs does not guarantee you the opportunity to purchase a ticket or attend an Event.
You must always comply with all applicable laws and all rules and regulations established by MIXR Labs or any other authorized person involved in the creation, or conduct of the Event, including all health and safety requirements and regulations and all reasonable instructions from the staff of the venue and representatives of MIXR Labs at the Event. As a condition of your participation, you agree to comply with all Site policies, including, but not limited to, any site of the relevant Event.
Illegal narcotic drugs, substances not subject to free circulation, contraband goods, weapons and illegal items are prohibited at the Events. You agree to reasonable precautions and a personal search at the entrance. To the maximum extent permitted by applicable law, you waive your claims against MIXR Labs or any third party involved in the organization, or holding of the Event, and release them from liability for all claims, claims, grounds for claims, for all damages, losses, expenses and from any obligations that may arise as a result such precautions and (or) personal inspection or in connection with them. If you decide not to agree to such precautions and body searches, you may be denied access to the Event or you may be removed from the Event without the right to a refund and payment of other compensation.
MIXR Labs and its authorized third parties reserve the right to deny access to the Event or remove from the Event without refund and payment of other compensation any person who (a) does not comply with these Terms, (b) violates public order or intentionally commits illegal actions, or (c) in the opinion of MIXR Labs or authorized the use of third parties has a negative impact on the Event, participants, spectators and/or staff.
Minors are allowed to attend Events only if they are accompanied by their Parents.
Unless prohibited by applicable law, you agree that by purchasing tickets to the Event, participating in the Event or attending the Event, you voluntarily, consciously and voluntarily assume all risks arising before, during and after the Event, including the risk of injury for any reason and the risks of damage, death or theft of property. You acknowledge that Events and individual actions at Events involve inherent and unforeseen risks, including risks of (a) contact or collision with persons or objects, (b) obstacles (such as natural and artificial reservoirs, road and ground hazards), (c) associated with equipment (for example, broken, defective or unsuitable equipment, unforeseen equipment failures), (d) weather-related, (e) inadequacy of emergency measures and (or) contingency plans, (f) related to judging and/or behavior (for example, eccentric or inappropriate actions of participants or spectators or judging by staff at the Event) and (g) natural causes (uneven or impassable surface, wild animals and insects, contact with plants). You agree to take reasonable precautions before taking part in the Event and its activities, for example, seek the advice of your doctor, and make sure that you are in good physical shape, properly dressed and have the necessary or recommended equipment with you. You also understand and acknowledge that you are responsible for studying the venue, facilities, equipment of the Event and the territories where it will be held, and that by participating in the Event you confirm the safety, adequacy and suitability of such facilities, equipment and territories for your participation in the Event. If you become suspicious or become aware of any unsafe factors or unreasonable risks, you agree to immediately notify the competent staff and terminate your participation in the Event.
To the extent permitted by applicable law, you hereby waive your claims against MIXR Labs or any third party involved in organizing or conducting the Event, and release them from liability for all claims, claims, grounds for claims, for all damages, losses, expenses and from any obligations that may arise from or as a result of or in any way with respect to your attendance at or participation in the Event, including liability for negligence, inherent and unforeseen risks, causing harm or damage to persons or property and for the actions of third parties or participants of the Event and spectators.
To the extent permitted by applicable law, any time frames of Events, features of interactive or in-game reality, actions, goods, services, privileges, objects, prizes and/or Content (collectively, "Event Features") that are advertised in connection with the Event are not guaranteed and they may be at any time prior to or changed and/or canceled during the Event without any warnings and compensation. Admission to the Event does not guarantee any specific characteristics of the Events during its holding.
The date, time and/or venue of the Event may change at any time, and MIXR Labs will make commercially reasonable efforts to notify you in advance of any significant changes. In case of cancellation, suspension or postponement of the Event, when you are unable to attend the postponed Event, you will not be entitled to any additional compensation in addition to the refund of the ticket price at its face value, and neither MIXR Labs nor any third parties will have any obligations to you on payment of some kind of compensation. You will pay for all travel and accommodation expenses incurred by you yourself.
You express your consent and approval for the recording by MIXR Labs of your image, likeness, name, conversations, biographical information, individual characteristics and voice at Events and for the gratuitous use of such information under the conditions set out above in the section "Rights Granted by You". MIXR Labs may publish the results of any competitions (including any ratings and the identities of any winners), game statistics and images of participants in its promotional materials and social networks in accordance with these Terms.
MIXR Labs may provide you with access to some mobile applications prior to their official release ("Beta") and offer to participate in their testing and share the results of Beta testing within the framework of the beta testing program of new applications conducted by MIXR Labs ("Beta Testing Program").
This section applies only to closed Beta Testing Programs in which MIXR Labs provides private access only to selected testers. This section does not apply to testing of open Beta versions that MIXR Labs makes publicly available in the app store.
You acknowledge that any functionality of the products or their content, game documentation, promotional materials and/or any other information that MIXR Labs may provide to you in connection with the Beta Testing Program ("Testing Materials"), the Beta Versions themselves, as well as everything related to the Beta Program-testing, are the exclusive property of MIXR Labs and are confidential and that they should be treated as confidential information until the official release.
If MIXR Labs offers you access to the Beta Version, then, subject to your compliance with these Terms, MIXR Labs grants you a personal non-exclusive limited license with the right of revocation and without the right of transfer to use the Beta version solely for testing and providing feedback on the Beta version as part of the Beta Testing Program.
Without limiting the foregoing and except as provided by applicable law, you are prohibited from:
- copy, modify the Beta version or create derivative works based on it;
- transfer or sell the Beta version to someone;
- open, decompile, disassemble, decrypt the Beta version and otherwise attempt to restore the Beta source code;
- install the Beta version on systems that are not under your direct control or used by you jointly with others;
- discuss Beta versions with anyone outside MIXR Labs or demonstrate them to such persons;
- post information about the Beta version in blogs, tweets and other publicly available formats;
- take screenshots, photos, videos or audio recordings of Beta versions in the absence of written permission from MIXR Labs;
- provide access to Beta Reviews (as this term is defined below) to any third parties without obtaining prior written consent from MIXR Labs.
Caution should be exercised when using the Beta version in public places. Don't let anyone see, hear, videotape or photograph the Beta versions. Immediately notify MIXR Labs of any unauthorized access to your Account and of any suspicion of an attempt to hack it.
You understand and agree that participation in the Beta Testing Program is voluntary and does not create a legally significant partnership, agency or employment relationship between you and MIXR Labs, and you will not receive any remuneration for your participation or for any Feedback about the Beta Version.
Unless prohibited by applicable law, all Testing Materials are provided to you "as is", without any express or implicit guarantees. You understand that Beta versions of programs are under development and may contain errors, bugs and other problems that may cause data loss and/or system malfunction. You should install Beta versions on devices that are not your main working devices, are not critical for business and are backed up. Unless prohibited by applicable law, MIXR Labs is in no way responsible for any damage that may be caused to you as a result of your participation in the Beta Testing Program.
You agree that your breach of your confidentiality obligation will cause irreparable harm to MIXR Labs, the extent of which will be difficult to assess, and that monetary damages will not be an adequate remedy for the rights of MIXR Labs in this case. Accordingly, you agree that if you violate your confidentiality obligation, MIXR Labs will have the right to seek an injunction and other interim measures that the court deems appropriate, in addition to any other remedies that MIXR Labs may have at its disposal.
The Services may contain links to third-party websites or resources. MIXR Labs inserts such links solely for the convenience of users and is not responsible for the content of such sites and resources, for products or services available on such sites and resources and for links displayed on such sites. To the extent permitted by applicable law, you acknowledge that you are solely responsible and assume all risks arising from your use of any third-party sites and resources.
MIXR Labs is not responsible for the availability or quality of third-party services, including cellular networks, access points, wireless Internet and other services. Such third-party services may affect your ability to use the Services or participate in Events, and you hereby waive your claims against MIXR Labs or any third party involved in the creation and operation of the Services, and release them from liability for all claims, claims, claims, all damages, damages, expenses and from any obligations that may arise as a result of the use or in connection with the use of such third-party services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DECLARE THAT THERE ARE NO GUARANTEES ON OUR PART REGARDING COMMERCIAL VALUE, SUITABILITY FOR INTENDED USE, UNHINDERED USE OR PATENT PURITY, AS WELL AS ANY OTHER GUARANTEES ARISING FROM CUSTOMS OR BUSINESS PRACTICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS OR WILL WORK SMOOTHLY, SAFELY OR ERROR-FREE. WE DO NOT GIVE ANY GUARANTEES REGARDING THE QUALITY, ACCURACY, RELEVANCE, RELIABILITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR VIRTUAL OR REAL COMMUNICATION AND INTERACTION WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NIANTIC DOES NOT VERIFY THE BACKGROUND OF ANY USERS OF THE SERVICES AND IS NOT INTERESTED IN IT. MIXR LABS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE BEHAVIOR OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS WHEN COMMUNICATING AND INTERACTING WITH OTHER USERS OF THE SERVICES AND OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, IN PARTICULAR IF YOU DECIDE TO MEET THEM IN THE REAL WORLD OR IN PERSON.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIXR LABS NOR ANY OTHER PERSON INVOLVED IN THE CREATION, PRODUCTION OR PROVISION OF SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, PUNITIVE OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS DATA OR REPUTATION DAMAGE, OUTAGES, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF PAYING FOR REPLACEMENT SERVICES, WHICH ARISE FROM THESE TERMS OR IN CONNECTION WITH THEM OR AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR CONTENT OR AS A RESULT OF ANY COMMUNICATION, INTERACTION OR ANY MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU CONTACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, REGARDLESS OF ON WHAT BASIS SUCH DAMAGES ARE CLAIMED – BREACH OF WARRANTY OR CONTRACT OR DUE TO TORT (INCLUDING NEGLIGENCE), MANUFACTURER'S LIABILITY OR OTHER LEGAL CONCEPT, AND REGARDLESS OF WHETHER OR NOT MIXR LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF IT IS DETERMINED THAT THE LIMITED SCOPE OF REMEDIES PROVIDED FOR IN THIS AGREEMENT HAS NOT ACHIEVED ITS MAIN PURPOSE. IN SOME COUNTRIES, IT IS PROHIBITED TO EXCLUDE OR LIMIT LIABILITY FOR INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY IN SUCH COUNTRIES SHOULD APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE AMOUNT OF LIABILITY OF MIXR LABS ARISING FROM THESE TERMS OR IN CONNECTION WITH THEM OR IN CONNECTION WITH THE EVENT OR AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, UNDER NO CIRCUMSTANCES SHOULD EXCEED 1000 (ONE THOUSAND) US DOLLARS OR, IF THE AGREEMENT CONCLUDED WITH THE COMPANY MIXR INTERNATIONAL LTD., 1000 (ONE THOUSAND) POUNDS. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE THE BASIC ELEMENTS OF THE PRINCIPLES ON WHICH THE AGREEMENT BETWEEN YOU AND MIXR LABS IS BASED.
YOU AGREE THAT DISPUTES BETWEEN YOU AND MIXR LABS WILL BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A CO-PLAINTIFF OR PARTICIPANT IN A CLASS ACTION IN ANY CLASS ACTION OR OTHER PROCEDURAL ACTIONS THROUGH A REPRESENTATIVE.
THIS RESERVATION IS NOT VALID: (1) IF YOU ARE A RESIDENT OF THE EEA OR ANY JURISDICTION THAT DOES NOT ALLOW SUCH AN ARBITRATION AGREEMENT, (2) IF YOU DECIDE TO OPT OUT OF ARBITRATION AS DESCRIBED BELOW IN THE "ARBITRATION" SECTION, OR (3) IN RESPECT OF CERTAIN TYPES OF DISPUTES LISTED BELOW IN THE "ARBITRATION" SECTION.
If you reside in the United States or another country where an arbitration clause is allowed in the relationship with you, you agree with MIXR Labs that any disputes between you will be resolved in binding arbitration, with the exception that each party reserves the right to: (a) bring an individual claim in court for (b) seek an injunction or other interim measures by a competent court to prevent actual or potential infringement or illegal use of such party's copyrights, its rights to trademarks, trade secrets, patents or other intellectual property rights (the actions described in this Part (b) are referred to as "IP Protection Action"). Regardless of this arbitration agreement, MIXR Labs reserves the right to apply to any competent court with a claim demanding to stop the intentional or malicious use or violation by you (for example, in the form of hacking or falsifying your location) of the intellectual property rights, products and Services of MIXR Labs and/or to recover compensation from you for this.
Without limiting the provisions of the previous paragraph, you will also have the right to take any other dispute to court if you send MIXR Labs a written notice of your intention to do so by e-mail to [email protected] within 30 (thirty) days after the date of your first consent to these Terms (such notice is the "Arbitration Opt-out Notice"). If you do not notify MIXR Labs of the Refusal of arbitration within such a 30-day period, it will be considered that you knowingly and purposefully waived your rights to apply to the court to resolve any dispute other than disputes expressly provided for in subparagraphs (a) and (b) above. In addition, unless you agree otherwise in writing with MIXR Labs, the arbitrator cannot combine the claims of several persons and cannot accept any class actions or other forms of group claims through a representative. If such a waiver of the right to a class action is found to be legally unenforceable, the parties' agreement on arbitration settlement of disputes will be null and void. Except as provided in the previous sentence, this section "Dispute Resolution" remains in force after any termination of these Terms. If the conditions of this clause 13.1. The "Arbitration" will be recognized as legally unenforceable in terms of any separate claim, such a claim must be separated from the arbitration proceedings and declared in accordance with paragraph 13.6 "Governing Law and the Exclusive Venue of judicial dispute resolution". All other claims will be resolved by arbitration. The arbitrator, and not any court or office, has the exclusive authority to (a) determine the scope and legal applicability of this arbitration agreement and (b) resolve any dispute relating to its interpretation, applicability, enforceability or drafting, including any claims of nullity or impugnability of the agreement or any or parts of it.
The arbitration proceedings will be conducted under the auspices of the American Arbitration Association ("AAA") in accordance with the Rules of Commercial Arbitration and additional procedures for resolving disputes with Consumers ("AAA Rules") as amended at that time, but subject to the changes made by this section "Dispute Resolution". (You can read the AAA Rules on the website https://www.adr.org/Rules or by contacting AAA by phone 1-800-778-7879). The interpretation and application of this section are governed by the U.S. Federal Arbitration Act.
A party intending to initiate arbitration proceedings is obliged to send a written Arbitration Request to the other party, as required by the AAA Rules (AAA provides for a general Arbitration requirement). The sole arbitrator must be either a retired judge or a lawyer admitted to practice law, whom the parties will select from the list of potential arbitrators provided by AAA. If the parties are unable to agree on an arbitrator within 14 (fourteen) days after the award of the Arbitration Claim, AAA will appoint an arbitrator in accordance with the AAA Rules.
Unless otherwise agreed between you and MIXR Labs, the arbitration proceedings will be conducted in confidence in your country of permanent residence. If the amount of your claim does not exceed $ 10,000, the arbitration proceedings will be conducted solely on the basis of documents provided by you and MIXR Labs to the arbitrator, and other evidence (for example, affidavits) will not need to be examined, unless the arbitrator decides that it is necessary to hold hearings. If the amount of your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may, at his discretion, require the parties to the dispute to make a reasonable exchange of information, taking into account the expedited nature of the arbitration procedure. Notwithstanding this right of the arbitrator, in the absence of compelling reasons, under no circumstances are the parties allowed to attach more than three (3) of their statements from each side to the case file, and combined statements of the type provided for in section 30 (b) are not allowed(6) The Federal Code of Civil Procedure and paragraph 2025.230 of the California Code of Civil Procedure.
The arbitrator will make a decision within the time limits set by the AAA Rules. The decision of the arbitrator will be subject to confidentiality, and it will contain the main results and conclusions on the basis of which the arbitrator made his decision. Confirmation and enforcement of an arbitration award may be carried out by any competent civil court. The arbitrator's decision regarding damages must comply with the terms of section 12 "Limitation of liability" with respect to the types and amounts of damage for which one or another party may be held liable. The arbitrator may make decisions on the introduction of an injunction and the introduction of other interim measures only in favor of the plaintiff and only if it is necessary to satisfy the requirements stated in the plaintiff's individual claim. In the event of your winning the arbitration, you will be entitled to a refund for the services and expenses of your lawyers to the extent that such compensation is provided for by applicable law. MIXR Labs will not seek and hereby waives any rights to reimbursement of legal fees and expenses that MIXR Labs may have under applicable law in the event of winning the arbitration.
If these Terms allow you or MIXR Labs to initiate legal proceedings in court in addition to claims in small claims court, you and MIXR Labs agree to the exclusive jurisdiction of such disputes to state and federal courts located in the Northern Judicial District of California. Each of the parties to these Terms waives any rights of objection to the authority or location of such courts. These Terms and your use of the Services are governed by the law of the State of California without regard to its conflict of laws rules. If you are a resident of the EEA or a country in which this clause is prohibited by local law, this clause does not apply to you and does not deprive you of protection by the mandatory provisions of your country's consumer protection legislation.
Our obligations to pay any registration and administrative fees and arbitrator fees charged by AAA are limited exclusively to the AAA Rules. However, if the amount of your claims for damages does not exceed $75,000, MIXR Labs will pay all such fees, unless the arbitrator determines that your claim or your claims stated in the Arbitration Claim were unfounded or had unfair purposes (according to the standard established by article 11 (b) of the Federal Code of Civil Procedure).
Regardless of the provisions of the above section "Modification of the Terms or Services", in the event that MIXR Labs changes this section "Dispute Resolution" after the date of your first consent to these Terms (or your consent to any subsequent changes to these Terms) You have the right to refuse to apply such changes by sending us a written notice (by e-mail to [email protected]) within 30 (thirty) days from the date of entry into force of such changes. The effective date of the changes is indicated either as the "date of the last revision" at the beginning of the Terms, or in the notification of MIXR Labs to your address about such changes. By refusing to accept any changes, you agree that you will resolve through arbitration any dispute between you and MIXR Labs in accordance with the provisions of this section "Dispute Resolution" as amended on the date of your first consent to these Terms (or your consent to any subsequent changes to these Terms).
These Terms and Conditions contain the full and exclusive composition of the agreements and agreements between MIXR Labs and you in relation to the Services and Content and supersede all previous oral and written agreements or agreements between MIXR Labs and you in relation to the Services and Content.
If any provision of these Terms is found to be invalid or legally unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. You may not assign or transfer rights and obligations under these Terms by virtue of law or for other reasons without the prior written consent of MIXR Labs, any attempt on your part to assign or transfer rights and obligations under the Terms without such consent will be null and void. MIXR Labs has the right to freely assign or transfer rights and obligations under these Terms without any restrictions and will not be jointly or severally liable as the assignor or the transferring party. Subject to the foregoing, these Terms are concluded in the interests of and will be binding on the parties, their legal successors and authorized assignees.
Neither MIXR Labs, nor any user, nor any other person involved in the creation, production or provision of Services or Content, will be liable for any losses, injuries, non-fulfillment or delay in fulfilling obligations caused by natural disasters, weather conditions, fire, flood, terrorist acts or military actions, malfunction of satellite systems or communication networks, orders of authorities or actions of state regulation, labor disputes or any other reasons beyond the control of such a person.
Any notices or other communications that MIXR Labs will send under these Terms, including those relating to changes to these Terms, will be sent: (a) by email or (b) by posting on the Services. The date of receipt of notifications sent by e-mail will be the date of transmission of such notification to any e-mail address provided by you.
If MIXR Labs does not support any right under the established Conditions or does not enforce any provision of the existing Conditions, this is not considered an indicator of MIXR Labs from such a rule or provision. A response from any right or provision will be valid only if it is officially submitted in writing for an additional fee to an additional company MIXR Labs, if they are acting bodies of direct control, provides this or that support to the outside of any means of protection of rights established by established installations, does not limit its other means of protection of rights under established installations or for other reasons.
If you reside in the Republic of Korea, the Electronic Commerce Law grants you certain rights to a refund within 7 (seven) days after purchase. However, please note that after you exchange Virtual Money for Virtual Goods in the App, a refund will not be possible. We reserve the right to control, regulate or withdraw from circulation any Virtual Money or Virtual Goods, when permitted by applicable law, without incurring liability to you.
If you live in the EEA, you have certain rights to refuse purchases made on the Internet. Please note, however, that after you download Virtual Money from us, your right to such a refusal will cease. You agree that (a) the purchase of Virtual Money implies the immediate download of such Content and (b) You will lose your right to opt out of the purchase as soon as your purchase is completed. If you live in the EEA, we will issue you a VAT invoice when we are required to do so by law. You agree to accept such invoices in electronic format. We reserve the right to control, regulate or withdraw from circulation any Virtual Money or Virtual Goods without incurring any liability to you.
In case of intentional or gross negligence of a Party, including on the part of its representatives and proxies (Erfüllungsgehilfen), such Party is liable in accordance with the provisions of the law. The same principle applies to liability for damages resulting from harm to life or health by culpable actions, damages resulting from violation of quality assurance (Beschaffenheitsgarantie), as well as for intentional concealment of defects (arglistig verschwiegene Mängel).
In case of damage to property and financial losses (Sach- und Vermögensschäden) as a result of non-material negligence of any of the Parties, its representatives or proxies, such a Party is liable only in case of violation of essential contractual obligations (wesentliche Vertragspflicht), but the amount of liability is limited to the amount of damage foreseeable at the time of conclusion of the contract and characteristic of the contracts of this vida (vorhersehbarer und vertragstypischer Schaden). Essential contractual obligations are considered to be obligations, the performance of which guarantees the proper performance of the contract and the observance of which other parties to the contract can and usually expect.
Insofar as the statutory limitations of liability provided for in articles 521 and 599 of the German Civil Code are applicable to the provision of services free of charge, they are not changed by the above provisions.
The liability based on the German Product Quality Liability Law does not change.
Any other types of liability of one or another Party in addition to the above are excluded.
If you live in Russia, you have certain rights to refuse to make purchases. Please note, however, that after you download Virtual Money from us, your right to such a refusal will cease. You agree that (a) the purchase of Virtual Money implies the immediate download of such Content and (b) You will lose your right to refuse a purchase as soon as your purchase is completed.