Terms of Service

Introduction and Acceptance of Terms

Welcome to MixerCloud! MixerCloud is a professional networking platform designed for professionals to network, collaborate, pursue career growth, and create innovative solutions. These Terms of Service ("Terms") govern your access to and use of the MixerCloud mobile applications, website located at mixercloud.com, and related services (collectively, the "Services"). This agreement is a binding legal contract between you and MixerCloud LLC ("MixerCloud", "we", "us", or "our"), the owner and operator of the Services. MixerCloud LLC is a company based in Dallas, Texas, USA, with an office at 17250 Dallas Pkwy Dallas, TX 75248. If you have any questions or concerns about these Terms, please contact us at support@mixercloud.com.

By accessing or using MixerCloud, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the MixerCloud platform, applications, website, or Services. Your use of the Services is also subject to our Privacy Policy (which describes how we collect and use your data) and any additional guidelines, community standards, or rules that we may post (collectively, "Policies"). All such Policies are incorporated by reference into these Terms.

Eligibility

Minimum Age. You must be at least 16 years old to create an account or use the MixerCloud Services. The Services are not intended for and should not be used by anyone under the age of 16. If local laws in your jurisdiction require that you must be older than 16 to use services like MixerCloud (for example, if 18 or another age is considered the age of majority or adulthood), then you must meet that minimum legal age in your jurisdiction. By using MixerCloud, you represent and warrant that you are at least 16 years old and otherwise legally qualified to enter into this agreement.

MixerCloud is not available to individuals who are minors in jurisdictions where parental consent or other legal requirements are necessary for the processing of personal data or use of online services. If you are under the legal age of majority in your region, you must not use the Services. We reserve the right to ask for proof of age or to disable accounts of users we suspect are under the applicable minimum age.

User Accounts and Security

To fully use the MixerCloud platform, you may need to create a user account. When you register, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify MixerCloud immediately at support@mixercloud.com of any unauthorized use of your account or any other breach of security. MixerCloud will not be liable for any loss or damage arising from your failure to keep your account information secure.

You are allowed to create only one account for yourself and should not share your account with others. You must use your account for your own professional networking purposes and not on behalf of any other person (unless you are properly authorized to create an account for a company or organization you represent, in which case you must clearly indicate that and confirm you have authority to bind that entity to these Terms). We may reclaim or require you to change your username if it is inappropriate, infringes someone else's rights, or impersonates someone else.

Permitted Use of Services

MixerCloud provides a platform for professionals to connect, communicate, and collaborate. You agree to use the Services only for their intended purpose of professional and lawful networking and collaboration. You are responsible for all your activity on the platform and must comply with these Terms and all applicable laws.

Prohibited Conduct

To maintain a respectful, safe, and lawful community, you agree that you will NOT use MixerCloud (or assist others to use it) in any way that:

• Violates any law or regulation: You may not use the platform for any illegal purpose or in furtherance of illegal activities. This includes, but is not limited to, posting or sharing content that is unlawful or using the Services to commit any crime.
• Infringes anyone's rights: Do not upload or share content that infringes or violates the intellectual property rights, privacy rights, or other rights of any person or entity.
• Is fraudulent or misleading: You must not engage in fraudulent behavior, impersonation, or misrepresentation on the platform. Specifically, using MixerCloud to deceive others or to lure users into scams, phishing schemes, pyramid schemes, or any other fraudulent or misleading activities is strictly prohibited. Any attempt to defraud or mislead users (including creating fake profiles, false job opportunities, or sham business proposals) is forbidden.
• Involves unauthorized commercial activities: You may not use the platform to advertise or solicit business in a manner that violates these Terms or any applicable guidelines. Spam, junk mail, chain letters, pyramid schemes, or any form of unsolicited or unauthorized advertising or solicitation are not allowed.
• Contains harmful code or malware: Do not upload viruses, worms, malware, or any other code that could interfere with the operation of the Services or users' devices. You also must not attempt to disrupt or overwhelm our infrastructure (for example, by launching a denial-of-service attack or otherwise interfering with the normal functioning of the platform).
• Is abusive or harassing: You may not harass, bully, or threaten other users. Content that encourages harm or violence against individuals or groups is prohibited.
• Constitutes hate speech or discrimination: Hateful content that attacks or demeans any person or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic is strictly forbidden.
• Is obscene or offensive: You may not post or share content that is pornographic, sexually explicit, or excessively graphic or violent. Content should remain professional and appropriate for a general professional audience.
• Impersonates others: Do not impersonate any person or entity, or falsely state or misrepresent yourself (including your professional credentials or affiliations). Misleading others about your identity or the origin of any communication is not allowed.
• Collects data unlawfully: You may not scrape, crawl, or use other automated means to collect information from the platform without our prior permission. Also, do not harvest or collect personal information about other users (such as email addresses or contact info) without their consent or in a way that violates privacy laws.
• Attempts unauthorized access or disruption: You must not attempt to gain unauthorized access to any account, system, or network related to MixerCloud. This includes not trying to bypass security measures, probe or test vulnerabilities, or breach the authentication measures of the Services. Similarly, you should not interfere with or disrupt the Services, servers, or networks connected to the Services (for example, by flooding or overloading the platform).

MixerCloud reserves the right to investigate and take appropriate legal action against anyone who, in MixerCloud's sole discretion, violates these rules. This can include removing offending content, suspending or terminating accounts, and/or reporting such behavior to law enforcement authorities.

User Content and Conduct

Your Content: You retain ownership of any content or information you post or share on MixerCloud (such as profile details, posts, messages, and any media). However, by uploading or posting content on the platform, you grant MixerCloud a worldwide, non-exclusive, royalty-free license to use, copy, distribute, modify, and display your content as needed to operate, improve, and promote the Services. This license is for the limited purpose of operating and improving our Services, and it ends when you delete your content or your account (except to the extent your content has been shared with others and they have not deleted it, or it was cached or stored by others, or if we are required to retain it for legal reasons).

You are solely responsible for any content that you create, transmit, or display while using MixerCloud, and for any consequences thereof. You represent and warrant that you have all necessary rights to post the content you share and that your content (and MixerCloud's use of it in accordance with these Terms) does not violate any third-party rights or any laws.

Content Monitoring: MixerCloud does not guarantee to pre-screen or monitor all user-generated content, and we are not responsible for content posted by users. However, we reserve the right (but do not have an obligation) to review, screen, or moderate content on the platform at our discretion. If we determine that content violates these Terms or our Policies, or is otherwise objectionable, we may remove or edit it without notice. We also reserve the right to restrict or revoke the use of certain features or accounts if we believe a user is violating guidelines or abusing the Services.

Moderation and Reporting: We are committed to maintaining a positive and professional community. If you encounter any content or behavior that you believe violates these Terms or is inappropriate, please report it by contacting us at support@mixercloud.com. Our support/moderation team will review the report and take any action deemed necessary. Such action may include issuing warnings, removing content, or suspending/terminating accounts that violate our Terms. Repeated or serious violations can result in permanent account termination. Remember that while MixerCloud may take action on reported content or behavior, we are not responsible for resolving disputes between users (see the section on Professional Networking and User Interactions below for more on disputes).

Professional Networking and User Interactions

MixerCloud serves as a platform for professional connections and collaboration. While we facilitate communication and networking among users, MixerCloud is not responsible for the interactions, communications, agreements, or any dealings you have with other users. Any arrangement, understanding, or contract formed between users (such as business deals, partnerships, employment opportunities, or other professional engagements) is solely between the users involved.

• No Brokerage or Endorsement: MixerCloud does not act as a broker, employment agency, or guarantor of any opportunities or transactions discussed on the platform. We do not supervise, direct, or control what users do or say to each other, and we do not screen or formally endorse any specific deals, job offers, proposals, or content that users may share. It is your responsibility to exercise due diligence and care when evaluating or pursuing any opportunity or interaction. MixerCloud encourages you to verify information independently and use common sense and caution in all interactions.
• No Liability for User Disputes: If you have a dispute or conflict with one or more users, you agree that MixerCloud (including our officers, directors, employees, and agents) is not liable for any claims, demands, or damages arising out of or connected with such disputes. This includes any disputes concerning agreements made through the platform, payments, services or work provided, or any other interaction or transaction. You are solely responsible for resolving disputes with other users. However, we still encourage courteous and respectful communication and, as noted, you can report severe misconduct to us for review.
• User Responsibility: You understand that MixerCloud does not verify the background, credentials, or authenticity of our users or the content they provide. Any business dealings or decisions you pursue based on connections or information on MixerCloud are at your own risk. You should conduct your own research and due diligence as you would when engaging in any professional relationship outside of the platform. MixerCloud will not be liable for any loss or damage that results from your reliance on information or content obtained through the platform or from any interactions with other users (whether on the app or off). Always use good judgment and, when in doubt, seek professional advice before committing to any arrangement.

Third-Party Services and Analytics

MixerCloud may be distributed through third-party application marketplaces and platforms including the Apple App Store and Google Play Store. Your use of those platforms may also be subject to additional terms and policies established by the applicable marketplace provider.

In using MixerCloud, you may encounter links or integrations to third-party websites, services, or resources (for example, a link to an external site shared by another user). Please note that MixerCloud is not responsible for any third-party content, products, or services that you access through such links. If you choose to visit or use any third-party links or services, you do so at your own risk, and you should understand that this Terms of Service and our Policies do not apply to those external services. Be sure to review any applicable terms and privacy policies of third-party websites or services that you access.

Analytics Services: MixerCloud uses third-party analytics tools to help us understand user engagement and improve our Services. In particular, we utilize Google Analytics via Firebase within our applications and website to collect aggregated, non-personally identifiable information about how users interact with MixerCloud (such as app usage statistics, device information, and general user behavior within the app). By using the MixerCloud platform, including our iOS application, Android application, and website, you acknowledge and consent to this use of analytics. Data collected through Google Analytics/Firebase is subject to our Privacy Policy and to Google's own privacy policies. We do not share personally identifying information (such as your name or contact details) with Google Analytics; the information collected is used only for analytics purposes to enhance the app's features and performance. If you do not want to be part of these analytics, your option is to discontinue use of the app. (For more information on how we handle user data, please refer to our Privacy Policy.)

Please note that any third-party tools or services integrated into MixerCloud are provided for your convenience on an "as is" basis. MixerCloud makes no warranties or representations regarding the availability, accuracy, or results of these third-party services. We also reserve the right to add, remove, or replace third-party integrations and analytics services as our platform evolves.

Subscriptions, Digital Goods, and In-App Purchases

MixerCloud may offer paid subscriptions, premium memberships, digital goods, enhanced networking tools, mentorship-related features, event upgrades, and other digital products or services through the Apple App Store, Google Play Store, our website, or authorized third-party payment providers.

By purchasing or subscribing to any paid feature, you agree to pay all applicable fees, taxes, and charges associated with the purchase. Certain purchases may automatically renew unless canceled in accordance with the policies of the applicable platform provider (such as Apple or Google) or payment processor.

Digital purchases may include recurring subscriptions such as MixerCloud Pro memberships or one-time purchases of digital features or services. Unless otherwise required by law, all purchases are final and non-refundable once delivered or activated. Refund requests are subject to the refund policies of the applicable marketplace or payment processor.

MixerCloud reserves the right to modify pricing, subscription offerings, premium features, or digital goods at any time. Any pricing changes for recurring subscriptions will take effect in accordance with applicable marketplace rules and legal requirements.

Intellectual Property Rights

MixerCloud's Intellectual Property: All content and materials provided by MixerCloud through the Services, including but not limited to the software, applications, designs, text, graphics, logos, trademarks, and any other proprietary information, are the property of MixerCloud LLC (or its licensors) and are protected by copyright, trademark, and other intellectual property laws. MixerCloud and the MixerCloud logo are trademarks/service marks of MixerCloud LLC. Except as expressly permitted by MixerCloud, you agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or distribute any part of the Services or content that belongs to MixerCloud.

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your intended purpose (professional networking and collaboration), subject to your compliance with these Terms. This license does not give you any ownership or resale rights in our Services or content. If you violate these Terms, this license will automatically terminate and you must cease any use of MixerCloud content.

Your Intellectual Property: As noted in the User Content section above, you retain ownership of the content you create and share on MixerCloud. By posting content, you give MixerCloud permission (a license) to use it as described in these Terms. Aside from that limited license, we do not claim any ownership over your personal content. If you believe someone is infringing your copyrighted material or other intellectual property on MixerCloud, please notify us with details so we can investigate and, if necessary, remove or disable the infringing content (we comply with applicable intellectual property laws, including the Digital Millennium Copyright Act (DMCA) for copyright complaints).

Additionally, any feedback, suggestions, or ideas you provide to MixerCloud about the platform are completely voluntary, and we are free to use them without any obligation or compensation to you. Providing feedback grants us a non-exclusive, perpetual license to implement and use your suggestions to improve MixerCloud.

Disclaimer of Warranties

MixerCloud strives to provide a high-quality professional networking service, but the Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, MixerCloud disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, any implied warranties of title, accuracy, reliability, non-infringement, merchantability, and fitness for a particular purpose.

Without limiting the above, you understand and agree that:

• No Guarantee of Results: MixerCloud makes no guarantee that using the platform will result in successful business partnerships, job offers, or any particular outcomes in your professional career. The connections you make and the information you obtain through MixerCloud are provided without any warranty of any kind as to their quality or suitability for any purpose. You are solely responsible for deciding how to use that information or those connections in your professional life.
• Availability and Accuracy: MixerCloud does not warrant that the Services will be uninterrupted, error-free, or secure. We do not promise that any defects will be corrected or that the app will always be free of viruses or other harmful components. While we aim for high availability, downtime can occur (for example, for maintenance or due to technical issues). You acknowledge that you use the Services at your own risk.
• Third-Party Content: Any content or information accessed through MixerCloud is for general networking purposes and is not guaranteed to be verified or reviewed by us. We specifically disclaim any liability for the content, actions, or omissions of any third party or other user. That means we do not guarantee the accuracy or reliability of information shared by users, such as job postings, project opportunities, or advice given in discussions. Always exercise independent judgment when relying on such information.

Some jurisdictions do not allow certain warranty disclaimers. In such cases, to the extent that a disclaimer is not allowed by law, those specific disclaimers may not apply to you and certain implied warranties may remain in effect. However, in any such case, our warranties will be limited to the minimum scope and duration permitted by applicable law.

Limitation of Liability

To the maximum extent permitted by law, in no event will MixerCloud LLC or its affiliates, or their respective directors, officers, employees, agents, or partners, be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, business opportunities, goodwill, or data, even if advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory.

In particular, MixerCloud will not be liable for: (a) any harm resulting from your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information or data stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojans, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content (including user content), or for any loss or damage incurred as a result of the use of any content posted, emailed, or otherwise made available via the Services; and (f) the defamatory, offensive, or illegal conduct of any third party (including other users). You assume full responsibility for your use of the Services.

If, notwithstanding the above, MixerCloud is found liable to you for any damage or loss arising from or connected to your use of the Services, MixerCloud's total cumulative liability shall in no event exceed the greater of: (1) the total fees (if any) you have paid to MixerCloud for use of the Services in the six (6) months prior to the event giving rise to the liability, or (2) US $100. If you have paid no fees to MixerCloud, then we shall have no liability to you for any damages, except to the extent required by law.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions MixerCloud's liability is limited to the maximum extent permitted by law.

To the fullest extent permitted by law, MixerCloud shall not be responsible for losses, damages, or disputes arising from subscription interruptions, digital goods access issues, third-party marketplace outages, payment processor failures, or unauthorized purchases resulting from a user's failure to secure their account credentials.

Indemnification

You agree to indemnify, defend, and hold harmless MixerCloud LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, demands, complaints, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services (or anything you do on the platform),
• Your violation of these Terms or of any law or regulation,
• Your violation of any rights of a third party (for example, infringing someone's intellectual property or privacy rights), or
• Any content you post or share on MixerCloud.

MixerCloud reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of MixerCloud. Your indemnification obligation will survive any termination of your account or the Services.

Termination of Use

These Terms will remain in full force and effect while you use the Services or have a MixerCloud account. You may stop using the Services at any time. If you wish to delete your account, you can do so through the app (if that functionality is available) or by contacting us at support@mixercloud.com.

MixerCloud may, in its sole discretion, suspend or terminate your account or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice. For example, we may suspend/terminate an account that we believe is violating these Terms, engaging in improper or illegal behavior, or otherwise creating risk or potential legal exposure for us or for other users.

Upon any termination of your account or the Services, whether by you or by us, your right to use the Services will cease immediately. We may deactivate or delete your account and all associated data, and we may bar you from further access to the Services. You understand that some of your content or data (for example, posts or messages you sent to other users) may persist for a limited time in backup copies or if it has been shared with others, even after your account is deleted. MixerCloud will not have any liability to you for account termination or for the deletion of your content upon account termination.

Even after your access to the Services is terminated, certain provisions of these Terms will survive, including (but not limited to) all provisions relating to ownership of intellectual property, disclaimers of warranties, limitations of liability, indemnification, dispute resolution, and general provisions.

Changes to These Terms

MixerCloud may modify or update these Terms of Service from time to time. If we make material changes, we will provide you with reasonable notice, for example by posting the updated Terms in the MixerCloud app or on our website, or by sending a notification through the app. We will also update the "Last Updated" date at the top of this document. It is your responsibility to review these Terms periodically.

By continuing to use the Services after any updated Terms are in effect, you agree to the revised Terms. If you do not agree with any changes to the Terms, you should stop using the MixerCloud Services and, if applicable, delete your account.

MixerCloud may be accessed internationally through mobile app marketplaces, web browsers, and related online services. Users accessing the Services from outside the United States are responsible for complying with local laws applicable to their use of the Services. MixerCloud makes no representation that the Services are specifically appropriate or compliant for use in every jurisdiction.

Governing Law and Dispute Resolution

This Agreement and any dispute or claim arising out of or in connection with the Services or these Terms shall be governed by the laws of the State of Texas, USA, without regard to its conflict of law principles. You agree that any such disputes or claims will be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts. You waive any objections to venue in those courts. If you use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws if and to the extent they apply.

Dispute Resolution: Before filing any legal action, we encourage you to contact us to discuss and hopefully resolve the issue informally. If it cannot be resolved informally, any formal disputes will be handled in accordance with the above governing law and jurisdiction. (If you are a consumer residing in a jurisdiction with mandatory consumer protection laws, this dispute resolution procedure does not waive any rights you may have under those laws, including any rights regarding where you can bring a claim.)

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. MixerCloud's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Certain MixerCloud features may also be accessible through supported web browsers. Users are responsible for maintaining compatible devices, browsers, internet access, and software necessary to access and use the Services.

Miscellaneous

These Terms (along with the Privacy Policy and any other legal terms expressly incorporated by reference) constitute the entire agreement between you and MixerCloud regarding your use of the Services. They replace any prior agreements or understandings between you and MixerCloud (whether written or oral) regarding the subject matter.

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempt by you to assign without consent will be null and void. MixerCloud may assign or transfer its obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or by operation of law or otherwise.

No agency, partnership, joint venture, employment, or franchise relationship is created between you and MixerCloud by these Terms or your use of the Services. You and MixerCloud are independent contractors, and neither party has the authority to bind the other or act on the other's behalf.

The headings used in these Terms are for convenience only and have no legal effect.

Contact Information

MixerCloud is owned and operated by MixerCloud LLC, located at 17250 Dallas Pkwy Dallas, TX 75248, USA. If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us at support@mixercloud.com.

By using the MixerCloud platform, including our iOS application, Android application, and website, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for being a part of the MixerCloud community and helping to maintain a professional, innovative, and respectful environment for everyone.