Welcome to ClearMixl! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the ClearMix services and the ClearMix website, including any browser extensions, mobile applications and other downloadable apps we provide (collectively, “ClearMix”), so please read them carefully. ClearMix is a brand of AKM Parent Holdings, Ltd.
Last Updated: October 13, 2020
By using ClearMix, you are agreeing to these Terms and the use of your Personal Information as described in our Privacy Policy. If you do not agree to these Terms, do not use ClearMix. If you are using ClearMix on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you via the email address you have provided us. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use ClearMix after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using ClearMix.
Your ClearMix Account
To use ClearMix, you'll need to create an account, either via ClearMix or through a third-party service such as Google or Microsoft. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your ClearMix account.
You are responsible for safeguarding your ClearMix login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
Your Content and Content Produced for You by ClearMix
By using ClearMix, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content, which does not belong to ClearMix.
You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else to whom you have given permission to access it, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Without limiting the foregoing, you agree that any content that you use the GIF feature with is owned by you.
You may engage ClearMix to produce content for you (“produced content”). Any produced content is also your content and you retain full ownership to it. In certain instance, produced content may include the name, photograph, likeness, voice, and biographical information of an individual or entity not affiliated with ClearMix (for example, your customer). By using the produced content in any way (whether through ClearMix or otherwise), you represent, covenant, and warrant that you have the legal right to use, without limitation, the name, photograph, likeness, voice, and biographical information of any such individual or entity in any media (including both current and future media, and including but not limited to, film, video, written, and digital or other electronic media). You hereby agree to indemnify and hold ClearMix harmless against any damages, losses, liabilities, actions, claims, settlements and expenses (including without limitation costs and attorneys’ fees) arising in connection with an alleged or actual violation of the foregoing.
Your Use of ClearMix
ClearMix is owned by AKM Parents Holdings Ltd. and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use ClearMix as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from ClearMix, or use ClearMix in any way other than through our publicly supported interfaces;
Access, tamper with, or use non-public areas of ClearMix, ClearMix’s computer systems, or the technical delivery systems of ClearMix’ providers;
Probe, scan, or test the vulnerability of any ClearMix system or network or breach any security or authentication measures;
Decipher, decompile, disassemble or reverse engineer any of the software used to provide ClearMix;
Plant malware or use ClearMix to distribute malware;
Violate the privacy of others, which should always be respected;
Violate any applicable law or regulation;
Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;
Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing ClearMix, or introducing any other material or content which is malicious or technologically harmful;
Attack ClearMix via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of ClearMix;
Attempt any of the above, or encourage or enable any other individual to do any of the above.
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Infringement
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the ClearMix account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, ClearMix will respond expeditiously to claims of copyright infringement committed using ClearMix as reported to our Designated Copyright Agent.
Termination
We may terminate or modify your access to and use of ClearMix, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use ClearMix in any way that would cause us legal liability or disrupt others’ use of ClearMix.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of ClearMix, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.
Publicity
Unless otherwise specified, ClearMix may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as a ClearMix customer on ClearMix's website and other marketing materials.
Warranty Disclaimers
ClearMix IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AKM Parent Holding Inc. will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of ClearMix. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Indemnity
You will hold harmless and indemnify AKM Parent Holding Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of ClearMix or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AKM PARENT HOLDINGS LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT AKM PARENT HOLDINGS LTD. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ClearMix SHALL BE NO MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO AKM PARENT HOLDINGS LTD. FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
Terms of Paid Subscriptions
If you purchase a subscription to the Services via the ClearMix website (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to you:
Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).
Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.
Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.clearmix.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to support@clearmix.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize ClearMix (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to ClearMix. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.
Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). ClearMix may terminate your subscription if you fail to promptly pay any outstanding fees.
Taxes and Fees.You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on ClearMix’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.
General Terms
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and AKM Parent Holdings Ltd, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. AKM Parent Holdings Ltd’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. AKM Parent Holdings Ltd may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms, please contact us at legal@clearmix.com.