Terms of Service
The services provided by Mixer Studio are operated and maintained by Evogate Inc and/or its affiliates ("us," "we," "our," "the Company"). Please contact us if you have any questions regarding our terms of service. These terms of service represents a legally binding agreement made between you, weather personally or on behalf of an entity (“you”) and Evogate Inc (“we”, “us”, or “our”), concerning your access to and use of the mixerstudio.io website. By accessing, using or connecting your crypto wallet to our services you agree and understand to be bound by all of these conditions stipulated in these terms of services, including our privacy policy at mixerstudio.io/privacy-policy. If you do not agree to our terms of service you are prohibited to access Mixer Studio.
1. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created and stored in our database for You to access our Service or parts of our Service by You connecting your crypto wallet.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Evogate Inc.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone, a digital tablet or anything similar.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Products refer to the products or items offered for sale on the Service.
Orders mean a request by You to purchase Products from Us.
Service refers to the Website and our application.
Terms of Service (also referred as "Terms" or "Terms and Conditions") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Mixer Studio, accessible from https://mixerstudio.io
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
User refers to you as being connected with your crypto wallet to our services.
Mixer Studio Mixer Studio refers to the service, us and the company.
2. Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Changes to Terms of Service
We reserve the right to change the terms of services at any point of time without notice. If you continue to use Mixer Studio after the new terms of service have been updated, you are implying to the acceptance of the new terms. Our terms of service will always be accessed from our website and it is your responsibility to stay up to date with the terms.
4. Changes to Mixer Studio
We reserve the right to change, update, add or discontinue any of our services without notice.
5. Intellectual Property
The services and all contents are property of Mixer Studio, including images, graphics or code. And are Protected by copyright, trademarks, database and other intellectual property rights. You have the right to copy, download, display or print (for non-commercial use with exception for promotions). Any other use violates copyright and trademark laws. You further agree to not use, change or delete any Mixer Studio property.
6. Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Your physical or electronic signature.
Identification of the copyrighted work(s) that you claim to have been infringed.
Identification of the material on our services that you claim is infringing and that you request us to remove.
Sufficient information to permit us to locate such material.
Your address, telephone number, and e-mail address.
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
7. Links to Third Party Websites
By using our services there may be links to other third party websites not owned or controlled by us. Mixer Studio does not have any control over and assumes no responsibility for the content or legal contracts provided by the third party links. You agree and understand that we are not responsible or liable for any damage caused by third party content.
8. Third Party Software
Our services and site are supplied by third party softwares or components which are used with the consent of the relevant licensees and/or copyright holders in accordance with the conditions set forth by such parties ("Third Party Software"). Please be aware that our Terms of Service and our Privacy Policy, and not the terms and conditions of use and privacy policies of the suppliers of Third Party Software, will govern your use of the Third Party Software.
9. Indemnification
You agree to indemnify and hold harmless Mixer Studio, their contractors, affiliates, licensors, directors, employees,officers and agents from and against any claims, proceedings, actions, demands, investigations, suits, costs, expenses and damages.
10. Limitation on Liabilities
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Disclaimer regarding content
Mixer Studio does not guarantee that any information available through our services is accurate, reliable, current, complete or appropriate for your needs. Any damages concluded by inaccurate information is solely your own responsibility.
12. User Content
Neither the content you supply to the site nor the assets produced by Mixer Studio are claimed as belonging to us. Any asset you upload, even ones that include private or personally identifying information, remains entirely your property. You fully agree to release Mixer Studio from any and all responsibility, cost, or expense resulting from the assets you add to the Site and acknowledge that you are solely responsible for them. None of the assets are reviewed, edited, published, transmitted, or promoted by Mixer Studio. For any assets provided by you or any third party, Mixer Studio disclaims all responsibility and liability, including without limitation for any errors or omissions, quality issues, copyright infringement, legality of use, or any other damages resulting from your use of the Site or the Materials. According to the laws of the nation in which you reside, you represent and warrant that you are the sole owner of or otherwise have complete control over all of the rights to the Submissions and that you have the legal authority to submit them without violating any copyright or other proprietary rights.
13. Storing Content
Any content uploaded by the user will be stored on the cloud for 365 days. After 365 days the content will be permanently removed from the cloud. If a user is inactive (meaning the user has not signed in to the website/service) for 180 days the content will be permanently removed from the cloud.
14. Access and Security
You acknowledge that the owner of the private keys to your crypto wallet is the owner of the account that is connected to our services. You are responsible for being educated with the use of crypto wallet and the safety measures surrounding it. You are entirely responsible for all activities that take place under your account, as well as for keeping your private keys and account information private. As part of your agreement, you promise to:
Tell Mixer Studio right away of any unauthorized use of your private key or account or any other security breach with having the proof that you are the real owner.
Make sure to take appropriate security measures in safely storing your private keys. Mixer Studio is not and will not be responsible for any loss or damage brought on by your disregard.
15. Payment
Payment can be made using any of the many payment options Stripe offers, including credit cards like Visa, MasterCard, Affinity Card, and American Express, as well as online payment options (PayPal, for example).
Payment card validation and authorisation are handled by your card issuer for both credit and debit cards. We shall not be held responsible for any delivery delays or non-delivery of your order if we do not receive the requisite authorization.
Payments are handled by Stripe, and we do not guarantee that you will receive the purchased product immediately since we do not have influence over Stripe.
16. Refund Policy
Project Plans are not eligible for refunds. We generally do not offer refunds, only in extreme circumstances we may offer refunds for the credits if they have not been used. If the customer has purchased a product, and has not received the product, they will get a refund if there is appropriate proof in our system or if their payment has failed due to Stripe they will get an instant refund.
If you would like a refund contact us at support@mixerstudio.io.
17. Email
By connecting your crypto wallet to our services, the user has a choice to add their email address and if you do so you grant us access to use your email for sending you marketing related emails, service related information, important messages, special offers and anything else we deem important. You can unsubscribe from these by clicking the link in the email or you can unsubscribe from your profile settings within the app.
18. Feedback to Mixer Studio
Any feedback, bugs, ideas, content, documents, suggestion and/or proposals ("Feedback") to Mixer Studio weather it is through email contact or within our Discord Server you agree:
Your feedback does not contain proprietary or confidential information.
Report of security breach shall only be reported through our email and not shared publicly.
With regard to the Feedback, Mixer Studio is not subject to any statutory or implied confidentiality obligations.
Mixer Studio is free to use or reveal (or decide not to disclose) such Contributions for any reason, in any manner, and in any media across the globe.
It's possible that Mixer Studio has something comparable to Feedback in the works or under discussion.
Your Feedback will automatically become Mixer Studio property without any further action on our part.
Under no circumstances are you eligible for any type of payment or reimbursement from Mixer Studio.
19. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately.
20. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
21. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
as to the operation or availability of the Service, or the information, content, and materials or products included thereon.
that the Service will be uninterrupted or error-free.
as to the accuracy, reliability, or currency of any information or content provided through the Service or that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
22. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
23. United States Legal Compliance
You represent and warrant that:
You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country,
You are not listed on any United States government list of prohibited or restricted parties.
24. Translation Interpretation
These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.
25. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
26. Compliance with Local Laws
The User is completely committed to all applicable laws and regulations, including those pertaining to the legal usage of Mixer Studio Services in their local region. When users engage in illegal activities, such as NFT rug pulls, Mixer Studio maintains a policy of collaboration with law enforcement authorities around the world and will not be hesitant to terminate user accounts and provide personal information to law enforcement authorities.
27. Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
28. Privacy Policy
Our Privacy Policy is a part of our Terms of Service and we require you to read our Privacy Policy at mixerstudio.io/privacy-policy
29. Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email: support@evogate.io