Terms of Service

By using the Mixilist ("service"), you are agreeing to be bound by the following terms and conditions ("terms of service").

NumaCode, Inc. ("company") reserves the right to update and change these terms of service without notice.

Violation of any of the terms below may result in the termination of your account.

1. Account terms

You are responsible for maintaining the security of your account and password. The company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the optional paid membership signup process.

Your login may only be used by one person — a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

In the event of an ownership dispute over an account, we can freeze the account or transfer it to the rightful owner as determined by us.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these terms of service.

2. Payment, refunds, upgrading and downgrading terms

The service is offered for free with an option to sign up for a paid membership to extend features. You will only be able to continue using extended features by paying in advance for additional usage. If you fail to pay for additional usage, your account will be downgraded until payment is made.

Any upgrade or downgrade to a paid membership will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your service may cause the loss of features or capacity of your account. The company does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Refunds are processed according to our fair refund policy.

3. Cancellation and termination

The company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The company reserves the right to refuse service to anyone for any reason at any time.

4. Modifications to the service and prices

The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Prices of all services are subject to change within 30 days upon notice from the service. Such notice may be provided at any time by posting the changes to the company's site or the service itself.

The company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

5. Copyright and content ownership

All content posted on the service must comply with copyright laws of Canada and the Province of Ontario.

We claim no intellectual property rights over the material you provide to the service. All materials uploaded remain yours.

The company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.

The look and feel of the service is copyright © NumaCode, Inc.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the company.

6. General conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We can modify, cancel, or refuse the service at any time.

Technical support with respect to the service is only provided to users of Mixilist.

You understand that the company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You must not modify, adapt or hack the service.

You must not modify another website so as to falsely imply that it is associated with the service or the company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by the company.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any service customer, company employee or officer will result in immediate account termination.

You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The company does not warrant that (i) the service will meet your specific 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) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

You expressly understand and agree that the company 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 the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to 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; (v) or any other matter relating to the service.

The failure of the company to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitutes the entire agreement between you and the company and govern your use of the service, superceding any prior agreements between you and the company (including, but not limited to, any prior versions of the terms of service).

Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.

You acknowledge and agree that the company may amend these terms of service at any time. Your continued use of the service constitutes your agreement and acceptance to the amended terms.

7. Intellectual Property Rights

Comments received orally, in writing, or electronically, from current, past, or potential users constitutes as feedback. Feedback may include (but is not limited to) ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our service.

We value user and potential user feedback and we solicit such feedback. All feedback received is the company's exclusive property, and no provider of feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.

We may, in our sole discretion, use, share, or incorporate feedback in whatever form or derivative we may decide into the service's software, documentation, business or other products, without limitation. We retain all rights to such feedback on a worldwide basis in perpetuity.

8. Content

You are solely responsible for all content you submit, provide, upload, or post, including any legal or other consequences for submitting, providing, or uploading it. You are responsible for all activity that occurs under your account.

You grant the company a non-exclusive license to use the content you create in order to provide the service to you, including, but not limited to, troubleshooting and maintaining a published state of your content.

You further agree that the service may modify, add, and delete any content added to the service without liability, and at our sole discretion.

You represent to the service that you own any content you upload, submit, or otherwise add to your account, or that you have obtained any necessary licenses, rights, consents, and permissions to such content and activity. As such, you agree that none of the aforementioned content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person, business, organization, or entity.

You agree that the service is not responsible for any violations of third-party intellectual property rights in any content that you submit, upload, or otherwise add to the service. You further agree to pay all royalities, fees, and any other monies owed relating to the use of such content.

The service may request access to your content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your content in any marketing materials without your prior written permission.