TERMS AND CONDITIONS OF USE OF WEB SITE AND PARTICIPATION IN MULTIMIXX EVENTS 1. LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION In order to use the MultiMixx web site and/or participate in MultiMixx events, you must register and agree to be bound by these Terms of Conditions of Use ("Agreement"), whether or not you register as a member (“Member”). As part of your registration, you must confirm that you have read these Terms and Conditions of Use and follow the instructions for Registration. This Agreement sets out the legally binding terms for your use of the web site and participation in all MultiMixx events. This Agreement may be modified by Multi Cultural Mix, Inc., the parent owner of this web site and the provider of the MultiMixx events, from time to time. Such modifications will be effective upon posting by MultiMixx to the website. We therefore recommend that you read all newsletters in order to keep up to date with any changes in this Terms and Conditions of Use of Web Site and Participation in MultiMixx Events. 2. ELIGIBILITY You must be at least twenty-one years old to register for MultiMixx events and to use this web site. Participation in MultiMixx events and use of this web site is void where prohibited. By using this web site and/or participating in MultiMixx events, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 3. TERM This Agreement will remain in full force and effect while you use this web site and/or are a Member. You may terminate your membership at any time, for any reason by sending a written notice of termination to MultiMixx by email. MultiMixx may terminate your access to the web site and your participation in any MultiMixx events if you have breached the Agreement, without notification. If your rights are so terminated you will not be entitled to a refund of any amounts paid to MultiMixx . Even after this Agreement is terminated, the provisions of paragraphs 4, 7, 8, 9, 11, 12, 13, 14, 15, 16 and 17 shall remain in effect. 4. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES 4.1 The content of this web site and any materials provided at MultiMixx events are the property of Multi Cultural Mix Inc., its business partners, and/or various third party providers and distributors. Multi Cultural Mix Inc. is duly formed in the United States of America under the laws of the State of New York and is qualified to do business in the State of New York. 4.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the "Intellectual Property') used on the web site are vested in MultiMixx, it’s parent Multi Cultural Inc., its business partners and their affiliates and/or various third parties. Nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of Multi Cultural Mix Inc., its business partners or the applicable third party that owns such Intellectual Property. 4.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from this web site, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of MultiMixx, its business partners and/or their third party providers and distributors. 5. ACCESS AND USE 5.1 You are granted access to make personal use of this site and you are not allowed to download (other than page caching), modify or create a hyperlink to this site, or any portion of it, except with the express prior written consent of MultiMixx, it’s parent owners or its business partners, as applicable. 5.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 5.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to MultiMixx, its parent owner, business partners, their affiliates or any third party, without the prior written consent of MultiMixx, its business partners, or such applicable third party. 5.4 You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of MultiMixx, its business partners, or their third party providers and distributors, without each of their express prior written consents. 5.5 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law. 5.6 Any unauthorized use by you may result in the termination of your right to use this site and to participate in MultiMixx events, without refund of any monies paid by you, and legal action against you. 6. MATERIALS PROVIDED BY MultiMixx You agree to return to MultiMixx any hardware provided to you by MultiMixx at the end of a MultiMixx event . 7. WARRANTY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MULTIMIXX MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO TIME. MULTIMIXX, ITS PARENT OWNER, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MULTIMIXX, ITS PARENT OWNER, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 8. SPECIAL LIABILITY DISCLAIMERS AND RELEASE You hereby understand and acknowledge that by using this web site and participating in MultiMixx events that your email address, first name and certain other profiling information provided by you to certain other participants is provided solely at your own volition. Neither MultiMixx, its parent owner nor any of its business partners have conducted any research on the backgrounds of any of the participants in MultiMixx events or visitors to this web site, and you agree to release MultiMixx, its parent company and its business partners from any liability and assume the full responsibility and risk with respect to any person you meet at a MultiMixx event or through this web site. We strongly encourage you to take the same precautions you would take in meeting any new person in order to assure your safety. You also understand and acknowledge that MultiMixx events are held at venues of which neither MultiMixx nor any of its business partners have any control. Therefore, in the event that you are injured or suffer damages in any regard at a MultiMixx event, you agree to release MultiMixx, its parent owner and its business partners from any liability with respect thereto, unless such damages result directly from the actions of any employee or agent of MultiMixx or its business partners. All participants in MultiMixx events understand and acknowledge that MultiMixx provides a new method of meeting people. MultiMixx does not guarantee that any participant will successfully match with any other participant. Additionally, MultiMixx does not guarantee that any match between participants will be successful. 9. MEDIA AUTHORIZATION AND RELEASE MultiMixx , along with certain permitted third parties including, without limitation, representatives of the television, radio, print and online media, may photograph and/or make audio/video recordings of any of the MultiMixx events. By attending and participating in any MultiMixx event, each participant agrees to permit the taking of any such photographs and to be recorded in both audio and video media. Each participant at a MultiMixx event also irrevocably authorizes MultiMixx, its parent owner, its agents, representatives, successors and assigns to use in perpetuity, throughout the world, in any manner whatsoever, all or any portion of photographs and audio/video recordings in which such participant appears, and any comments, statements or testimonials made by such participant, while attending a MultiMixx event. Such photographs may be used by MultiMixx, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, marketing and advertising of MultiMixx events or products, or for editorial purposes. No person shall be entitled to any compensation in connection with the use and exploitation of any photographs or audio/video recordings. Each participant at a MultiMixx event irrevocably releases MultiMixx, its principals, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages which such person may have in connection with his or her attendance and/or participation in any MultiMixx event and the exploitation of photographs and/or audio/video recordings in any manner or format. MultiMixx will not use a participant's name or any other personally identifiable information unless such participant has specifically granted his or her consent, in writing, for such use. 10. LIMITATION OF LIABILITY NEITHER MULTIMIXX, IT PARENT OWNER NOR ITS BUSINESS PARTNERS ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE OR YOUR DOWN LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL MULTIMIXX, ITS PARENT OWNER, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY MULTIMIXX , ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If, notwithstanding the foregoing, MultiMixx, its parent owner. its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of this web site or in connection with any MultiMixx event, such damages shall not exceed, in the aggregate, the fees paid by any person for the services and/or products of MultiMixx. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you. 11. LINKS TO THIRD PARTY SITES This web site may provide, or third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by MultiMixx of such other web sites. MultiMixx has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such sites or resources. If you decide to access other web sites, you do so at your own risk. MultiMixx's Privacy Policy does not extend or apply to other web sites. 12. MEMBER DISPUTES You are solely responsible for your interactions with other participants in MultiMixx events. MultiMixx reserves the right, but has no obligation, to monitor disputes between you and other participants. 13. U.S. EXPORT CONTROLS Software from this web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 14. INDEMNIFICATION You agree to indemnify and hold MultiMixx, its business partners, and each of their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this web site or participation in the MultiMixx events in violation of this Agreement and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth herein. 15. ADMISSION FEE By completing the registration process for our events, you hereby agree to pay the Admission Fee charge shown on the payment page of the MultiMixx Web site and further affirm that you will not "charge back" or otherwise dispute the Fee for any reason whatsoever. If there is a dispute regarding payment or the services provided by MultiMixx, you agree to expeditiously contact MultiMixx to resolve said dispute before escalating the dispute to your credit card company. 16. GOVERNING LAW This Agreement and its performance is governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of New York located in New York County and the Federal District Court for the Southern District of New York in all matters arising out of your use of this site. 17. MODIFICATION MultiMixx may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use. 18. ADDITIONAL TERMS Additional terms and conditions will apply to the use of this site, including purchases of goods and services, the terms of which are incorporated herein. 19. SEVERABILITY These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 20. HEADINGS The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions. 21. PRIVACY You acknowledge that you have read our Privacy Policy, the terms of which are incorporated herein. 22. ASSIGNMENT You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder Please contact us with any questions regarding this Agreement at admin@MultiMixx.com