TERMS OF SERVICE FOR MIXOLO HOSTS (EVENT ORGANIZERS) FOR USE OF OUR BETA EVENT HOST BUILDER AND DASHBOARD

 

These Terms of Service (“Agreement”), together with our web and app Terms of Service for all Mixolo users, set forth a legally binding agreement between you and Mixolo, Inc. a Maryland based corporation (“Company,” “We” or “Mixolo).  Our Mixolo Beta release Event Host Dashboard powered by a third-party open source events management platform customized by Mixolo, and Mixolo’s mobile application, including any software (including, without limitation, software, code, files, images contained in or generated by the software, accompanying data, and other embedded software), documentation, any accompanying fonts, and content developed by the Company or licensed by the Company (collectively, the “Platform”) is provided pursuant to this Agreement.

 

By using the Mixolo Platform, you represent and warrant that you are of legal age to form a binding contract with Company and meet the foregoing eligibility requirements. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies, and notices contained in this Agreement, including, but not limited to, our Privacy Policy, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations. Please read this Agreement carefully before using this Platform.  

 

From time to time we may update the Platform and this Agreement.  Your use of this Platform after we post any changes to this Agreement constitutes your agreement to those changes.  You agree to review this Agreement periodically to ensure that you are familiar with the most recent version.

 

Description of Services:

 

Mixolo acts as a concierge and event aggregator matching solo guests to event organizers who want to fill their seats and welcome groups of unrelated guests for shared experiences.

 

Event sales:

 

Mixolo delivers its services to members with its social networking app and on the web.  Mixolo members who identify as solo (unaccompanied) are given the opportunity to view and purchase tickets in our mobile app for the purpose of attending our aggregated list of events and experiences.  The events are curated for unaccompanied guests who prefer a shared experience with others when they go out.

 

The events listed in the app may be created and managed with our event builder and dashboard Platform by event organizers (“Host(s)”) who want to accommodate Mixolo members for a shared, solo-friendly experience.

 

Event Hosts are permitted to utilize Mixolo’s Beta Event Host Dashboard to submit their events to sell in our app to our Members.  Submitting or posting an event to be listed in the Mixolo app does not constitute a sale or approval for use of our Platform.

 

Only when an event is submitted by a Host to Mixolo using the platform, then reviewed and approved by Mixolo, made ready (live) for sale by Mixolo in the app, purchased by more than one member AND successfully executed and completed by the host is a sale complete.  At this time, only Hosts doing business in the continental United States may submit events for sale in our platform. 

 

Use Fees/Payments/Payouts:

 

For events approved by Mixolo for listing and sale in the app, Mixolo collects and holds all ticket sales in escrow until an event is successfully executed and completed.   

 

For canceled events by (Host or Mixolo), Mixolo will refund ticket purchases to members.

 

For each ticket sold for a Host’s event(s) on Mixolo’s Platform, Mixolo will collect/withhold a service fee from the Host organizer.  For successfully executed and completed events using our platform, hosts agree to pay Mixolo's applicable service fees.

 

Mixolo service fees (subject to change): Mixolo will withhold 10% of each ticket sold or $5.00, whichever is more, from each ticket sold, with the exception of “free” (zero dollars) events. No fees will be collected for free events listed in the app at this time.

 

Upon successful completion of the event, hosts will receive net sales (gross ticket sales from the event LESS Mixolo’s service fee per ticket) within 5 business days using a mutually agreed upon third-party EFT (electronic funds transfer) platform. In the event of unusual circumstances, a standard check payable to the for the net sales may be issued. 

 

Facilitated Payment Processing (FFP):

 

Host account holders will submit the proper payee and FFP information.  Mixolo may not be held liable for misplaced completed Host payouts using third-party payment processors due to unclear or improper instructions. When using FFP, Mixolo accepts no obligation or liability with respect to the collection, performance or non-performance of the host’s third-party service.

 

COMPANY RESERVES THE RIGHT TO CHANGE THESE SERVICES AT ANY TIME IN OUR SOLE DISCRETION

 

With the exception of ticket revenue (net sales) in escrow from a successfully completed event submitted by you, the Host, approved by Mixolo, and listed in Mixolo mobile app, Company will have no liability to you if this Platform is discontinued or your ability to access the Platform is terminated.  You further agree that Company will not be liable for any modification or suspension of the Platform.  You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your internet connection are aware of, and comply with, these Terms of Service and the Privacy Policy.

 

Please read this Agreement carefully before using the Mixolo Platform.  If you do not agree to the terms contained in this Agreement, then you may not use the Platform.  Your use of the Platform constitutes your acknowledgment that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement.  

 

You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Platform.  The Platform is offered and available to users who are 18 years of age or older. You represent that you have the legal authority to bind yourself to this Agreement.

 

YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT.  YOUR ACCESS TO THE PLATFORM MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT.

 

On certain areas of this Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Accounts and Passwords:

 

In order to access certain features of the Platform, you must provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current and complete. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform.  You are entirely responsible for any and all activities that occur under your account and it is entirely your responsibility to maintain the confidentiality of your password and account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, PIN, or other information which provides you access to the Platform.  Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

 

Submissions:

 

Where the Platform requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable business registration form.  It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, including, without limitation, your business name, address, and email address, taxpayer ID number, website and/or any other digital footprint to verify your eligibility and capacity to create and execute a Mixolo event.

 

 You agree that all information you provide to register with us or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

 

You agree that Company may collect and use technical and usage data and related information in compliance with our Privacy Policy. You grant Company permission to use this information to improve its products or to provide services or technologies to you. You hereby authorize Company, directly or through third parties, to make any additional inquiries we consider necessary to validate your identity. Nothing herein shall be construed to require Company to verify the identity of any user on the Platform nor will Company have any liability for failure to verify any user’s identity.

 

You agree to provide the information requested in a timely, accurate and complete manner and to maintain and update this information in a timely manner to ensure it remains accurate and complete at all times.

 

Grant of License:


The Platform is licensed to you by Company subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with Company or its licensors, who own full and complete title, and Company and respective licensors reserve all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to Company’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights.  This Agreement does not grant you any rights to use Company proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform.  Any use of the Platform in any manner not allowed under this Agreement is prohibited.  This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform.  You may not modify, alter, copy, publicly display or perform, distribute, or create derivative works of the Platform.

 

Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Platform and delete all copies of the Platform from your mobile device and account.

 

Company Content:


Company provides this Platform to you, subject to this Agreement.  This Platform and any services performed, provided or enabled by or through this Platform and all the content, information, communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos, product and program names, and other materials and compilations of the foregoing, that may be provided to you via this Platform (collectively “Content”) by Company or its content providers, are the property of Company and its content providers, are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws, and are intended for the lawful use by registered users (as applicable) of this Platform.  Company makes no representation that the Platform or Content are appropriate or available for use in particular locations.

 

Users may download Content for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. You agree not to download, display or use any Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company or its licensors’ property, or that otherwise infringes Company or its licensors’ intellectual property rights.

 

Intellectual Property Ownership:

 

There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content.  By making these Trademarks available through the Platform and in the Content, Company is not granting you a license to use them in any fashion, and you are not granted any license under any of Company’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement.  No Company Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without Company’s prior written permission.

 

The Platform, Content, and the selection, coordination, and arrangement thereof, is owned either by Company, or its respective licensors.  The unauthorized copying, displaying, selling, distributing or other use of any Content or Platform is a violation of the law. You acknowledge having been advised by Company that the Content and Platform is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.

 

Third Party Content:

 

The information presented on or through the Platform is made available solely for general information purposes. This Platform includes content provided by third parties. All content, statements and/or opinions expressed in these materials, other than the content provided by Company, are solely the responsibility of the person or entity providing those materials. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

 

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) to Mixolo at inquire@mixolo.io.

 

Geographic Restrictions:

 

We are based in the state of Maryland in the United States. We provide this Platform for use only by persons and businesses located in the continental United States at this time.  We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries.

 

 

Representations, Disclaimer of Warranties, and Risk Allocation

 

 

Your events:

 

You acknowledge that Mixolo is a concierge and event aggregator matching solo guests to solo-friendly experiences that you, as a Host, may provide using our platform.   Mixolo has no control over, and cannot guarantee the quality, safety or accuracy of any event or content associated with an event or the truth and accuracy of any information provided by you, the Host user, or your ability to perform or actually complete an event.

 

Mixolo assumes no liability for claims by a member or other users and attendees of your event against your business, event or venues or third-party vendors or service providers affiliated with your event or business.

 

You understand and agree that some events involve inherent risk, and by hosting those events, you assume AND mitigate or address that risk in accordance with your business operations and policies and applicable laws within your jurisdiction.

 

You may have other statutory rights, but the duration of statutorily required warranties will be limited to the maximum extent permitted by law.

 

Use of the Platform:

 

Company and its parents, subsidiaries, officers, employees, and contractors and each of their officers, employees and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Platform.  Reference to any process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, or otherwise does not constitute or imply its endorsement or recommendation by Company or Company Affiliates.  

 

The Internet may be subject to breaches of security. Company and Company Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email and other submissions over the Internet may not be secure, and you should consider this before emailing Company or Company Affiliates any information or posting information to the Platform. Company and Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction of computer equipment.

 

MIXOLO’S BETA PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. COMPANY AND COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE CONTENT.  COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL BE CORRECTED.  

 

No oral or written information or advice given by Company or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Platform prove defective, you assume the entire cost of all necessary servicing, repair or correction.

 

Links to Third-Party Websites, Applications, and Services:

 

The Platform may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”).  The Platform may allow you to add/configure certain Third-Party Services to your device.  Company has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services.  Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

 

Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Company servers and/or applications located in the United States and elsewhere.  You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services.  You understand and agree Company is not responsible for these companies, or their use of any other of your information.  Your use of the Third-Party Services is at your own risk.

 

Limitation of Liability:

 

To the extent permitted by applicable laws, or as otherwise set forth herein, Mixolo and any person or entity associated with Mixolo provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Mixolo has been advised of the possibility of such damages); or (b) Your Content

 

In addition, other than the obligation of Mixolo to pay out Event ticket fees due to Hosts as outlined in this agreement, the maximum aggregate liability of Mixolo or Associated Parties is limited to the following:

 

IN NO EVENT WILL THE COMPANY, OR COMPANY AFFILIATES OR THEIR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ANY SERVICES OBTAINED, OR EVENTS PURCHASED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (E) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY. 

 

Assignment:

 

Company may assign this Agreement in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, without the prior written consent of Company. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform.  To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device. This Agreement shall be binding upon successors and permitted assigns.

 

General Information:

 

You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Platform.  If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

By using the Platform, you agree that the statutes and laws of the United States and the State of Maryland without regard to conflicts of laws principles, will apply to all matters relating to use of the Platform and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Maryland.

 

Account cancellation:

 

You may cancel the use of the Platform at any time by contacting us at inquire@mixolo.io. If you request that we delete your account, we will only delete your personal account but we may not be able to delete all information that relates to you located on or associated with other user accounts, particularly in the case of historical financial data relating to event sales and payouts. In the event of a complaint or concern regarding this Agreement or the Platform, or for more information, please contact Company inquire@mixolo.io.

 

YOU AGREE THAT THESE TERMS OF SERVICE FOR HOSTS , THE TERMS OF SERVICE FOR OUR WEBSITE AND MOBILE APP FOR ALL USERS , AND OUR PRIVACY POLICY CONSTITUTE THE SOLE AND ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY.