• TERMS OF USE

    These Terms of Service ("Terms") govern your use of Dreamcast India Pvt Ltd., with a place of business at Crosspoles Towers, C-2, Ajmer Rd, Panchsheel Colony, Jaipur, Rajasthan 302019. These include services, software, and websites (the "Service"), as well as any data, text, files, information, usernames, images, graphics, photos, profiles, audio, video clips, sounds, musical works, works of authorship, applications, links, and other content provided by Dreamcast India Pvt Ltd. The Company is the exclusive owner of all such Content.

    You agree to be governed by these Terms by accessing or using Our website, any subdomains, or any other website through which Mixhubb services are made available ("Website"). Your agreement with us comprises your agreement with your employer for the license to use the Services, as well as these Terms and the Privacy Policy (collectively "Agreement").

    All terms used with capitalized letters shall have the meaning assigned to them hereunder.

    The Website is referred to as a " Platform."

    Any person who registers or uses the Platform after being invited by You or other Authorized Users is referred to as a "User."

    Your employer (Licensee) and the Company agreed to a licensing agreement. The Licensee has given you and other employees access to the Platform/Services as authorized users (Authorized Users). You will be able to access and use the Platform/ Services as Authorized Users of the Licensee in accordance with the Agreement and the documentation provided at https://coda.io/d/_dB0fblwcdDc/Mixhubb-Knowledge-Center_suJ8w.

  • REGISTRATION

    The Authorized User must register on the Platform by following the instructions and supplying information such as but not limited to profile information. (The Authorized User may alternatively be referred to as "You" or "Your" depending on the circumstances.)

    Your Mixhubb account cannot be assigned or otherwise transferred to another person. Only the Licensee has access to this.

    During the registration process, you must submit accurate, current, and complete information, and you must maintain this information up to date at all times.

  • GENERAL DISCLAIMER

    • As a result of the Agreement or Your use of the Mixhubb Platform, You and Mixhubb have no joint venture, partnership, employment, or agency relationship. Other than the parties, these Terms do not and are not intended to confer any rights or remedies.
    • You agree that You will not access the Platform by any means other than the interfaces we provide.
    • You undertake not to acquire, copy, or monitor any portion of the Platform in any way in order to recreate or circumvent the Platform's navigational structure or display or to obtain or attempt to obtain any materials, documents, or information by any means other than the Platform.
    • You agree not to reverse engineer, decrypt, or otherwise extract the Platform's design, internal logic, structure, or inner workings (including algorithms and source code) from any other software, products, models, prototypes, or other materials given by us.
    • You agree not to use any deep-link, robot, spider, or other automatic device or methodology, or any similar or equivalent manual process to access, acquire, download, copy, or monitor the Platform or any part of it or to obtain any content through means other than those made available through the Platform.
    • You consent to Mixhubb sending you a new product and feature announcements, marketing materials, and promotional offers through email from time to time. You can unsubscribe from such communications to opt-out.
    • You undertake not to violate any sections of the Agreement or any applicable legislation.
  • CODE OF CONDUCT

    You are completely responsible for following all applicable laws, rules, and regulations while using the Platform. Authorized User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

    • belongs to another person and over which You have no legal authority;
    • is defamatory, obscene, pornographic, paedophilic, invading another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically offensive, referring or inciting money laundering or gambling, or otherwise in violation of the law;
    • is harmful to children;
    • Infringes any patent, trademark, copyright, or other proprietary rights;
    • violates any law in effect at the time;
    • deceives or misleads the addressee regarding the origin of such messages, or knows and willfully conveys any material that is clearly false or misleading in character but might be fairly interpreted as fact;
    • Impersonates another person;
    • harms India's unity, integrity, defense, security, or sovereignty, cordial relations with foreign states, or public order, or causes incitement to commit any cognizable crime, hampers investigation of any crime, or insults another nation;
    • contains a computer virus or any other computer code, file, or program that is intended to disrupt, destroy, or limit the functionality of any computer resource;
    • is false and untrue, and is written or published in any manner with the intent to deceive, harass, or harm a person, company, or agency for financial benefit; and
    • If any Authorized User believes that any User with whom you interact online is acting or has acted inappropriately; including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should report such person to the appropriate authorities and then to Mixhubb by contacting us with Your police station and report number (if available).
  • PAYMENT RELATED INFORMATION

    • Transaction Fees: Mixhub may charge the Hosts a transaction, as determined by Mixhubb in its sole discretion. Mixhubb maintains the right to adjust or modify the transaction charge at any time, as determined by Mixhubb in its sole discretion, which will become effective upon Mixhubb's notification to the Host.
    • Mixhubb will provide the Host with a transaction summary that includes details of Mixhubb's transaction fees, any third-party payment processing costs, and any taxes withheld by Mixhubb on amounts payable to the Host in accordance with relevant legislation.
    • Users may be required to supply Mixhubb with financial information, such as bank account details and type, and/or any data necessary for any other manner of payment for the Services ("Payment Details''), in order to process payments under the Terms. Users represent, warrant, and covenant that: (a) they are legally authorized to provide Payment Details to Mixhubb; make payments using such Payment Details, they have sufficient funds to complete the payment for the Services; (b) such action does not violate the terms and conditions applicable to Your use of such Payment Details and/or any applicable law.
    • Users understand and agree that Mixhubb may utilize third-party vendors and service providers to process payments and handle credit card information for the provision of Services (or any portion thereof) through the Platform, including payment aggregators or gateways. Payment Details will be used by Mixhubb in accordance with the Privacy Policy. The Platform and/or Mixhubb are not liable for any unauthorized transactions made on the Platform using Payment Details and are not required to reimburse any money to the User in such cases.
    • The appropriate service provider will offer the payment receipt for the conclusion of a transaction, while Mixhubb will provide the transaction summary. Your payment receipt and transaction summary will be emailed to the email address you provided.
    • Mixhubb shall not be accountable for any payments approved through the Platform using Your Payment Details unless otherwise required by relevant legislation. In Particular, Mixhubb shall not be liable for any payments that do not complete because: (1) your bank account or any other payment mode did not contain sufficient funds to complete the transaction; (2) you did not provide Mixhubb with the correct Payment Details; (3) your payment card has expired; or (4) circumstances beyond Mixhubb's control (such as, but not limited to, power outages, cellular service interruptions, or any other outside interferences).
    • Users are responsible for ensuring compliance with all applicable laws in the event of cross-border payment transactions of any payments anticipated under the Terms.
    • Refunds and Cancellations: The conditions regulating refunds or cancellations in connection with the Services hereunder shall be regulated by the appropriate SAAS agreement, if any, taken into separately by the Hosts and Mixhubb. In the absence of a SAAS agreement between the aforementioned parties, the conditions related to refunds or cancellations will be controlled by the Mixhubb website's Refunds & Cancellation Policy.
  • SYSTEM REQUIREMENTS

    Use of the Services necessitates the use of the internet and specific software as well as the installation of updates and upgrades from time to time. Since the usage of Services requires hardware, software, and internet connectivity, the performance of these elements may influence your ability to access and utilize Services. For such services, high-speed internet connectivity is strongly recommended. You recognize and agree that it is solely your obligation to meet such system requirements, which may vary from time to time. Mixhubb is not accountable to Users for any loss or damage resulting from or caused by technological difficulties, internet or bandwidth issues, and is not responsible for any reimbursement to Users in this respect.

  • LINKS TO THIRD PARTY SITES

    Third-party websites or resources ("Third-Party Services'') may be linked from the Platform. The Different terms & conditions and privacy practices may apply to Third-Party Services. Mixhubb is not responsible or accountable for the content, products, or services offered through such Third-Party Services or for the availability or accuracy of such Third-Party Services. Links to Third-Party Services do not imply Mixhubb's support of those Third-Party Services.

  • AMENDMENTS OF THESE TERMS

    Mixhubb reserves the right to change, modify, amend, or update these Terms and/or the Agreement at any time, and such amended provisions of these Terms and/or the Agreement shall take effect immediately upon being posted on the Platform. You can find out when these Terms were last revised by looking at the 'LAST UPDATED' at the top of these Terms. If you do not agree to these terms, you must immediately stop using the Platform. Continued use of the Platform will be interpreted as acceptance of the modified Terms and/or the Agreement.

  • CONTENT

    • On behalf of the Licensee, the Authorized User may create, upload, post, send, receive, and store content. Such as text, photos, audio, video, or other materials and information on or through the Platform ("Content"). (ii) Access and view Content Mixhubb itself makes available on or through the Platform, including proprietary Mixhubb Content and any content licensed or authorized for use by or through Mixhubb from a third party. ("Mixhubb Content” and together with Content is referred to as “Collective Content”).
    • Copyright, trademark, and/or other laws of India and other countries may protect the Platform and Collective Content in whole or in part. You understand and agree that Mixhubb and/or its licensors or authorizing third parties to own the Platform and Mixhubb Content, including all associated intellectual property rights. Any copyright, trademark, service mark, or other property rights notices incorporated in or accompanying the Platform, Mixhubb Content, will not be removed, altered, or obscured by you. All Mixhubb trademarks, service marks, logos, trade names, and other source identifiers used on or in connection with the Platform and Mixhubb Content are Mixhubb trademarks or registered trademarks in India and other countries. The trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Platform, Mixhubb Content, and/or Collective Content are used only for identifying purposes and may be owned by their respective owners.
    • Except to the extent, you are the legal owner of certain Content or as expressly permitted by the Licensee and these Terms, you will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content. Except for the licenses and rights expressly given in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mixhubb or its licensors.
    • Mixhubb provides you a limited, non-exclusive, revocable, non-transferable license to download and use the Platform; and (ii) access and view any Mixhubb Content made available on or through the Platform and accessible to you, only for use in accordance with the Agreement.
    • All Content you make available on or through the Platform is exclusively your and the Licensee's responsibility. As a result, you represent and warrant that: I, the Licensee/You, are the sole and exclusive owner of all Content that you make available on or through the Platform, or that You/ Licensee have all rights, licenses, consents, and releases required to use such Content on the Platform, as contemplated by these Terms; and (i) You/ Licensee have all rights, licenses, consents, and releases required to use such; and (ii) Neither the Content nor your posting, uploading, publication, submission, or transmission of the Content, nor Mixhubb’'s use of the Content (or any portion thereof), will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation.
    • Any content on the Mixhubb platform by the organizers & users can be used for Mixhubb's marketing and promotional campaigns.
  • TERMINATION

    • This Agreement will remain in effect until the Licensee's licensing agreement is terminated.
    • Mixhubb may immediately and without notice terminate/ suspend Your access and use of the Platform if you have materially breached Your obligations under these Terms, Our Policies or Standards, and Documentation. (ii) You have violated applicable laws, regulations, and third-party rights. (iii) Mixhubb believes in good faith that such action is reasonably necessary to protect the personal safety or property of Mixhubb, Users, or third parties.
  • WAIVER

    Failure by Mixhubb to enforce any right or provision of these Terms will not be construed as a waiver of that right or provision unless acknowledged and agreed to in writing by us. The exercise by any party of any of its remedies under these Terms, except as specifically set forth in these Terms, will be without prejudice to its other remedies under these Terms or otherwise permitted by law.

  • USE OF PERSONAL INFORMATION

    When you visit https://app.mixhubb.com, we receive the Internet protocol (IP) address of your computer, operating system information, browser information, and name of your ISP. This information is used to improve our service offerings; we are also legally accountable to pass the same information to legal authorities when requested. We also use advanced web analytics, which provides information such as the URL of the site from which you came and the site to which you are going. Mixhubb information collection and use policies with respect to the privacy of such information are set forth in the Privacy Policy available at https://www.mixhubb.com

  • DISCLAIMER

    You do so voluntarily and at your own risk if you utilize the Platform or Collective Content. The Platform and Collective Content are supplied "as is " with no express or implied warranties of any kind.

  • LIABILITY

    You acknowledge and agree that to the extent permissible by law, you bear the full risk arising from your access to and use of the Platform and Collective Content via the Platform. Neither Mixhubb nor any other party involved in creating, producing, or delivering the Platform, or Mixhubb Content will be liable for any incidental, special, exemplary, or consequential damages. It includes lost profits, data loss, goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, damages for personal or bodily injury, and emotional distress arising out of, in connection with the Platform or Mixhubb Content. (i) these Terms, (ii) Your use of or inability to use the Platform or Collective Content, (iii) any communications, interactions, or meetings with Users or other persons with whom You communicate, interact, or meet as a result of Your use of the Platform, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Mixhubb has been informed of the possibility of such damage, even if a limit has been set. Mixhubb's total liability arising out of or in connection with these Provisions and your use of the Platform in line with the Agreement's terms will never exceed one hundred dollars (US$100). The above-mentioned damage limitations are essential components of the deal between Mixhubb and you.

  • NO GUARANTEE

    Mixhubb cannot guarantee the Platform's ongoing and uninterrupted availability and accessibility due to the nature of the Internet. If capacity restrictions, the security or integrity of our servers, or maintenance actions that maintain the proper or improved functioning of the Platform require it, Mixhubb may limit the availability of the Platform, some parts, or features thereof. Mixhubb may, from time to time, expand, enhance, and change the Platform, as well as provide new Mixhubb Services.

  • INDEMNIFICATION

    You undertake to keep Mixhubb, its affiliates, subsidiaries, as well as their officers, directors, employees, and agents, safe from and against any claims, liabilities, damages, losses, and expenditures, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to (i) your breach of these Terms, our Policies, or Standards, (ii) your improper use of the Platform or any Mixhubb Services, or (iii) your violation of any laws, regulations, or third-party rights.

  • APPLICABLE LAW AND JURISDICTION

    The laws of India (for all countries)will govern these Terms. You acknowledge and agree that Mixhubb is solely based in India, nothing shall give rise to personal jurisdiction over Mixhubb in any jurisdiction other than Jaipur, India, and you will not bring any claims against Mixhubb in any court or forum other than Jaipur, India. Any claim or disagreement between You and Mixhubb shall be heard and resolved only and exclusively in a court of competent jurisdiction in Jaipur, India, and nowhere else.

  • NOTICES

    All notifications or demands to or upon Mixhubb must be in writing and delivered to Dreamcast India Pvt. Ltd. having a business address at Crosspoles Towers, C-2, Ajmer Rd, Panchsheel Colony, Jaipur, Rajasthan 302019.

    If and when the Platform is able to establish such communication, whether in physical or electronic form, has been provided to You, or when the Platform posts such notice in a publicly available part of the Platform, notice will be deemed received by You(s)

  • SEVERABILITY

    If a court of competent jurisdiction considers any provision of the Terms or portion thereof unenforceable for any reason that provision will be enforced to the utmost degree possible to give effect to the parties' purpose as indicated by that provision. The Terms will remain in full force and effect for the time being.

  • MISCELLANEOUS

    • The headings for each part of the Agreement are for reference only and do not define, limit, construe, or characterize the section's scope or breadth.
    • The Company may delegate its obligations and responsibilities under this Agreement to any person or organization.
    • All telephone calls to the Company shall remain fully private. Your call may, nevertheless, be recorded to guarantee service quality. Calls from the Company to You or from You to the Company may also be monitored, and/or recorded for training reasons and to guarantee good customer service.
    • Any complaints or concerns about any content on the Platform, or any breach of this Agreement or Privacy Policy should be addressed in writing to Dreamcast India, Crosspoles Towers, C-2, Ajmer Rd, Panchsheel Colony, Jaipur, Rajasthan 302019, or via email to [email protected] that must be signed with an electronic signature.

    By accessing or using the Services, you agree to read, understand, and accept these Terms, as well as any other documents or policies referenced to in or incorporated into these Terms, whether you are a visitor or a registered user;

    You understand and agree that your continuing access or use of the Services indicates your acceptance of the revised Terms if these Terms have significantly changed since you last accessed or used the Services.

    You represent and warrant that you are at least eighteen (18) years old and that you have the legal right, authority, and ability to enter into these Terms on your own behalf or on behalf of the entity you represent; and

    You agree to receive electronic communications from us and that such electronic communications, notifications, and posts will meet any legal requirements that such communications be in writing.

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