Welcome to Mixendo.com (the "Site") , a web platform of services provided and operated by Slice Factory SAS (the "Company", "Us", "We"). The terms of "You"and "User" refer to the person accessing or using the Site and our Services (defined bellow). The terms of "You" can also refer to the company or organization on whose behalf that person accesses or uses the Site and Services. The term of "End User" refers to the person viewing or using an web application "powered by Mixendo".
Mixendo provides through our proprietary platform (the "Mixendo Platform") online tools and API's (collectively our "Services") that enable You to create mashup and miscellaneous applications by providing unique ways to source (extract, collect, map), repurpose (mix, remix, aggregate) and publish web content or data. Mixendo currently provides registered and non registered user access to the Mixendo XHR Service ("The Service")through our proprietary platform for developers. This Service enables advanced users a secured way to mix and integrate in their websites web content from one ore many different sources, which would not be possible otherwise with regards to the "same origin policy" restriction imposed by the current main web browsers. Mixendo XHR service combines a Javascript library that the user integrates in his website with a Proxy service (the "Mixendo Proxy") provided by Our Company.
Upon registering to the Service, the End Users using your application will be granted a greater number of viewer requests than the one provided by the XHR test mode. These requests are made to our Mixendo Proxy each time your application "powered by Mixendo XHR" will be viewed or refreshed by a user on your website. We may increase or lower at our sole discretion this number of requests per day at any time with or without notice from Us. Furthermore, each mashup application powered by Mixendo XHR will have a key (the "XHR application key") associated and a list of sources (websites from which the web content is sourced) and hosts (a list of website that you own) within an advanced developer control panel (the "XHR developer control panel"). The XHR developer control panel allows you to set a certain number of sources and hosts. We reserve the right to lower this number of allowed sources and hosts at our sole discretion at any time with or without notice from Us.
By using this mode, You will not be able to access the advanced functionalities provided with the XHR developer mode. This mode enables You to use the Service without registration but implies a restricted number of XHR requests above which the service will cease to work for the End User. We reserve the right to lower it at any time without prior notice from Us. By using the XHR test mode, You agree that We shall not be liable to You or any third party in the event of a discontinued access to the Service due to the exceeding of the XHR requests limitation.
Please read the following Terms and Conditions carefully (the "Terms") before using this Site since they form a binding agreement between You and our Company and since Your access and use of the Site and Services are governed by the present Terms. By accessing, browsing and using this Site and Services, You are agreeing to these Terms and to any modified or updated version of these Terms that We may make at any time and from time to time, with or without prior notice from Us. If You do not agree to these Terms, You must not access the Site and/or must not use the Site and Services and discontinue immediately your use of the Site and Services.
The access and use of the Site and Services is free and does not necessarily require a registration. However, You may use advanced functionalities of the Site and Services if you successfully complete the registration procedure as specified bellow. You can create an account by following the registration instructions provided on the Site. To register, You must provide your main contact details and some other information (the "Registration Data") and maintain and promptly update the registration data if they change. You may provide true, current, accurate and complete information on the Site and Services registration form. To register, You must warrant and declare that the information provided are true and complete and that You are 18 years old of age and older and that your are legally competent to enter into a binding agreement. Your registration must be done using your real name. Each registration is for your personal use or for the use of the single company or organization on whose behalf You access the Site and use the Service, but the Site and the Service may not be used on behalf of more than one entity under one registration. Access to the Site and use of the Services is not authorized by any other person or entity using your registration and You are responsible for preventing such unauthorized use. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. If, after investigation, We have reasonable grounds to suspect that your registration data are untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any and all current or future use of the Services by You other than as expressly provided herein. We may notify You that We canceled your account by sending a message to the e-mail address that You provided during the registration process. To login, You may use your email address and password which You completed during the registration procedure. You are wholly responsible for maintaining the confidentiality of your email address and password and liable for all activities occurring under your account. As a result, we cannot and will not be liable for any loss or damage arising from the user's failure to comply with this section, including any loss or damage arising from your failure to immediately notify Us of any unauthorized use of your password or account or any other breach of security and ensure that the user exits from its account at the end of each session.
You acknowledge and agree that We, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice and block or disable your mashup applications if we believe that You have violated or acted inconsistently with these terms or our privacy policy. You agree that We shall not be liable to You or any third party for termination of your access to the Site and Services. In the event of any termination, You will immediately cease access to the Site and we will no longer provide You the Services, and You agree to promptly pay any outstanding fees owed under these terms.
As a registered or non registered user, the Company grants You a personal, non-exclusive, non-transferable, non sub-licensable license to access and use the Site and Services, subject to the foregoing and conditioned upon your compliance to the present terms.
To provide the best quality of use of our site and service, You agree not to do any of the following:
Mixendo respects your privacy and that of others.Mixendo's collection and use of personnal information is governed by Mixendo's Privacy Policy, that we would advise you to read.
The Company retains all rights, title and interest in and to Mixendo including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith. These Terms of Use do not grant You any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), domain names or any other rights, functions or licenses with respect of Mixendo. Unless otherwise expressly permitted in these Terms, You are not allowed to copy, distribute, display publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, translate, sell, land, rent, reverse engineer, modify and create derivative works of any of the intellectual property rights in Mixendo, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, without prior written authorization from the Company. Further and more generally, you shall never, at no time and under no circumstance, attempt to monetize, in whole or in part, any Mixendo property or technology, without prior written authorization from Us.
Mixendo and other Mixendo graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks of the Company. Mixendo's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mixendo.
The Company and affiliated Site and Services provide a set of tools and online services that allow users to source, repurpose and publish web content originating from third party websites. The Company and affiliated site and services are not involved in the creation of mashup applications from you or any other third party. By using this Site and Services, You agree that all information, data or any materials whatsoever (collectively the "Content")sourced, repurposed and published thanks to the site or any of its service will be on your sole responsibility. Since the Company is deeply attached to the respect of the Intellectual Property Rights of content owners, YOU MAY NOT USE THE SITE AND SERVICES TO SOURCE, REPURPOSE AND PUBLISH CONTENT THAT INFRINGE UPON INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, INCLUDING COPYRIGHTS, PATENTS,TRADEMARKS, TRADE SECRETS, DESIGNS OR ANY OTHER RIGHTS. You are solely responsible to warrant to you own or have all the necessary licenses, rights, consents and permissions to source, repurpose and publish third party content. The Company does not review or control the content sources, repurposed and published from third party thanks to our services and, as such, cannot be made responsible for the mashup applications made by users that infringe Intellectual Property Rights of content owners. You are solely responsible and bear all related risks for sourcing, repurposing and publishing any content from third party that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable. In addition, We reserve the right to block at any time with or without notice mashup applications and/or take additional measures ( as defined bellow) made by users via our service that include content that is considered to violating the present terms, infringing intellectual property rights or being otherwise illegal.
If you are a copyright owner or an agent thereof and believe that a mashup applications made by a user via our service with your proprietary content infringes upon your copyright, please submit a Copyright Complaint form and provide the Company with the following informations:
After receiving your claim, We may consider the required action to preserve your copyrights.
This site and all information, content, materials, products ( eg plugin) and services included on or otherwise made available to You through this site are provided by our company on an "AS IS" and "AS AVAILABLE" basis. Therefore, Slice Factory makes no representations or warranties of any kind, express or implied, as the operation of this Site or the information, content, materials, products or services included on or otherwise made available to you through this Site. The use of the Site and Services is accordingly being made at your sole and whole risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. The Company does not warrant that Mixendo, the site and services will operate in an uninterrupted or error-free manner or that the Site and Services will be free from all harmful components. The use of information or content obtained from or through the Site and Service is at your own risk. In not event will the Company, its affiliates, officers, directors, agents or employees be liable to You or any third party for any indirect damages, including, without limitation, incidental and consequential damages, nor lost profits, arising in connection with the site, services or these terms, including for example, damages resulting from lost data, lost employment opportunities or business interruptions, or resulting from the use or access to, or the inability to use or access, the Service,Site or the Content. These limitations of liability apply regardless of the nature of any claim, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not the Company is advised of the possibility of such damages.
