These terms and conditions (“Terms”) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.
Use of the Services
Myxx, Inc. (“Myxx”) is an online platform that provides users with a personalized and collaborative space to find, discuss share information about all things food as well as transfer the shopping list to the selected retailer’s e-commerce cart through the Myxx website (the “Site”) and/or a Myxx mobile or web-based application (collectively the “Services”). These Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Myxx granting you access to and use of the Services, you agree that Myxx and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
License to the Services
Subject to your compliance with these Terms, Myxx grants you a non-exclusive and non-transferable single user license to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
In order to access, use or receive certain Services, you may need to register and create an account (“Account”) and become a “Registered User” by either registering through our Site or Application or by using your account with a retailer or a third party social network website, like Facebook (a “Social Network Site”). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You will also have the option of providing certain personal information about other people in your household so that we may link to them to your Account, or so you can otherwise represent them through your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. Myxx is not liable for any loss or damage arising from your failure to comply with the above requirements.
In order to provide you with certain Services like Personalization, you have the option of providing Myxx with your username/login and password to your selected retailer accounts, various social networking and online sites and accounts that you wish to link with your Account. If you decide to share your usernames and login credentials to these other accounts, you grant Myxx permission to log in on your behalf and access these accounts solely to the extent necessary to provide these Services. Myxx will otherwise keep your password confidential. You are still responsible for maintaining the confidentiality of your password(s) and account(s) and are fully responsible for all activities that occur under your username(s) or account(s).
You can opt-out of the Services at any time by unlinking your accounts or contacting Myxx at email@example.com.
Fees and Payment
We may charge fees for the use of certain portions or aspects of our Services, which will be described in the Services and/or these Terms. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Services, and you are responsible for the payment of those charges and rates.
Content on the Services
Myxx is a place where Registered Users can write, contribute and edit Content through the Services. While we intend Myxx to be a collaborative space where users can share useful and interesting information about food, Myxx is not responsible for screening and/or verifying that the information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice.
Content You Submit
By uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant Myxx a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content, such as recipes and images, for their own personal and non-commercial purposes. Myxx does not claim any ownership rights in your Content and you retain ownership rights to any Content you submit, post or display on or through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
You may remove your Content from the Services at any time by specifically deleting it. If you remove your Content, Myxx may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
Myxx respects copyright law and expects its users to do the same. It is Myxx’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Myxx’s Copyright Policy for further information.
Third Party Services
The Services also contains links to third party websites, resources and services provided by third parties. Myxx is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third-party services does not imply any endorsement by Myxx. You are responsible for and assume all risk arising from your use or reliance of any third-party services.
Please review the Guidelines for posting on Myxx (which are a part of these Terms) to better understand what is prohibited on the Services. You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates these Terms.
You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Myxx’s computer systems, or the technical delivery systems of Myxx’s providers; (ii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Myxx has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Myxx and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Myxx or the Services (“Feedback”) will be the sole and exclusive property of Myxx and you hereby irrevocably assign to Myxx all of your right, title and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Myxx grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Myxx solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Myxx or its licensors, except for the licenses and rights expressly granted in these Terms.
You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, Myxx will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Myxx will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Myxx under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
The Services are Available “AS-IS”
You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, MYXX EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. Myxx will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Services. Myxx makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Myxx makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services. The Content, including the recipes and all related information and commentary made available through the Services is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Myxx or through the Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.
You agree to defend, indemnify, and hold Myxx, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYXX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYXX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If you have any questions about these Terms, please contact firstname.lastname@example.org.
Last updated on March 16, 2020