Terms of Use – Mixel Premium
These terms for paid-services supplement Mixel’s Terms of Use found here https://mixelcocktails.com/terms (the “Terms”). All capitalized words not defined herein shall have the meaning set forth in the Terms.
1. Your Membership Rights and Obligations
1.1 By paying the fixed subscription fee you will become a member of the Licensed Application. As a paying member you will gain exclusive access to various features on the Licensed Application. This will include a feature enabling you to upload files onto the platform in accordance with the Terms. The files you upload are not to be shared with other Mixel members.
1.2 You shall not add, store or contribute any content (“User Content”) to the Licensed Application:
(i) unless you hold all necessary rights, licenses and consents to do so and have fully complied with any such third-party licenses relating to User Content (including paying all royalties, fees and any other monies required to be paid in connection with such User Content);
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably considered in our sole discretion: (1) to be obscene, defamatory, disparaging, indecent, offensive, threatening or to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy or otherwise objectionable; (2) that would demean, criticize, place in a negative or false light, harm or negatively affect the reputation of Mixel, the Licensed Application or its associated features; (3) that infringes is likely to infringe the intellectual property or other proprietary rights of any person, or (4) is likely to subject us or our affiliates to any monetary and/or legal obligations.
1.3 You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while using the Licensed Application. You accept responsibility for all activities that occur under your account or from your devices. You accept all risks of unauthorized access to the user data and any other information you provide to us.
2. Accounts and Paid Subscription Packages
2.1 We may make certain products and/or services available to users of the Licensed Application in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products and services from within the Licensed Application (“In-App Products”). If you choose to use Premium Services or make purchase of In-App Products via a third-party application store (like iTunes or Google Play), then such third-party application store will charge you for any such applicable fees or charges (including any applicable taxes), according to their terms and conditions attributable to such purchase.
2.2 If you purchase an auto-recurring periodic subscription through an in-app purchase, you will continue to be billed for the subscription until you cancel. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Licensed Application from your device. Deleting your member account or deleting the Licensed Application from your device does not cancel your subscription. You must cancel your Account as set forth in these Terms.
2.3 You retain the right to cancel your subscription at any time which must be done via your Apple or Google account (however you originally subscribed). Upon cancellation, you will continue to be subscribed to the Licensed Application until the conclusion of the relevant billing cycle, at which point your subscription and access to the Premium Services will cease.
2.4 If you cancel your subscription, following the subscription expiration date, Mixel reserves the right delete all files being stored on the platform.
3. Billing Cycle and Payment
3.1 The membership fee for the Premium Services, the purchase price of In-App Products, and any other charges you may incur in connection with your use of the service, such as sales tax, VAT, and any other transaction fees, will be charged to you via your Apple or Google account or via the third-party payment gateway accessible through our website or desktop application (however you choose to subscribe).
3.2 The length of your billing cycle will depend on the subscription type you select at sign-up for the subscription. Subscription fees will be payable on either an annual or per month basis.
3.3 In certain circumstances the payment date may change, for example, if your chosen method of payment has not successfully settled.
3.5 If a member exercises its cancellation right, Mixel or its billing agents will not charge further subscription fees following the date of cancellation. Members will retain access to Premium Services until the billing cycle concludes. The expiration date will be fixed in-application at the time of subscription.
3.6 All subscription fees are non-refundable.
3.7 Mixel may change your subscription fee from time to time, however, any price changes will apply to subsequent billing cycles only.
3.8 Mixel may, from time to time, offer new members a “free trial” period where subscription fees will be waived for a period of time.
4. Intellectual Property Rights
Content uploaded by you will remain the property of the contributor or creator. Mixel will not, without user consent, publish the contributed content. However, by posting any User Content onto the Licensed Application or its network, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide right and license to host, cache and copy the User Content to and from various servers and our associated networks and to deliver same to you upon your request. You represent that all User Content is stored for your personal, non-commercial use and represent that you have all rights to store, retrieve and listen to any User Content and that you have all necessary rights to grant the licenses and consents with respect to your User Content and for the rights you grant under these Terms.