MIXALBUM //

TERMS & CONDITIONS

Although we strive to provide the best facilities we can to ensure maximum speed and availability from our servers and software, MixAlbum does not offer any SLA (Service Level Agreement) or any guarantee in relation to Service up-time or availability for any service. All Services provided are on an 'as is' basis.

MixAlbum reserve the right to add, remove or amend any feature or Service at any time without notice, explanation or liability without limitation. MixAlbum reserves the right to alter the content or features of any Service without prior notice, explanation or liability.

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Security

We take all reasonable precautions to protect information about you from loss, misuse and alteration. Agents, partners and sub-contractors who have access to your information have a duty of care as detailed in our contracts with them and are not permitted to use it for any other purpose unless you have given your explicit permission in detail that they may do so.

Payment Encryption Technology (full site only)
To protect security we use the most advanced Encryption Technology, anti-intruder and anti-infection techniques when you are providing payment details. You can download an update to the default browser we recommend you use with this site, Internet Explorer 5 or above, which will give you 128 bit encryption.

Destruction of Confidential Materials
Manual destruction of files, records and computer print-outs containing sensitive data are carried out in a secure way by either internally shredding or using a supplier who uses secure disposal methods.

Automated Collection of Other Information
Some non-personal information may be collected automatically, such as the computer operating system and the type of browser software you are using, along with special codes that tell us which pages you have visited. Some information is stored in the form of a 'cookie', a small file which remains on your computer but which acts as a reminder about any preferences or tracks you have selected when visiting our site. We only use 'cookies' to improve our service to you. We may occasionally allow this non-personal data to be used by third party content suppliers, to help us serve you with more relevant content. We may also store your log in details on your computer, but only if you explicitly request us to do so. Remember that if you opt for us to do this, any other user of the same computer can access your account. You can delete this 'cookie' by clicking the Log Out link at the top of any page.

Switching Cookies Off
Cookies are required in order to become a member of MixAlbum, or to use the MixAlbum Services.

Linked Sites
This Privacy Promise does not apply to any third parties over whom we have no control.

Changes to our Privacy Promise
We reserve the right to change this statement at any time without warning to meet any statutory requirements or changes in the nature of our activities and services. This privacy statement does not form the basis of any contract between any party.

Some personal information you provide to MixAlbum may be stored outside of the country in which you reside.

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MIXALBUM acceptable use policy

IMPORTANT NOTICE: This policy (the "Acceptable Use Policy" or "this Policy") sets out the terms between you and us under which we will provide you with access to the information and services we offer from time to time via the MixAlbum website located at www.MixAlbum.com (the "MixAlbum Service"). It is, therefore, very much in your interests to read them carefully.

If there is anything in this Policy that you do not understand then please contact our Customer Care Department at info@mixalbum.com

Unless otherwise stated, the MixAlbum Service is provided to you by Higher House Productions Ltd, a company registered in England and Wales (company number 5001955) whose registered office is located at Kingscott, Great Torrington, Devon , EX38 7JJ . References to MixAlbum in this Policy are to "we", "our" and "us".

1. Your Use of the MixAlbum Service
1.1 The MixAlbum Service is intended to appeal to a wide range of audiences and as such not all of the MixAlbum Service is suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's' use of the MixAlbum Service. Parents or guardians of children shall be responsible for the actions of any children using the MixAlbum Service.
1.2 You may use the MixAlbum Service only for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the MixAlbum Service:
1.2.1 in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
1.3 If you do not follow the guidelines set out under paragraph 1, you agree to indemnify us against all claims, demands, actions, costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred as a result of your actions.

2. Intellectual Property Rights
2.1 You agree that the material and content contained in, or provided by MixAlbum as part of, the MixAlbum Service is for your use only and may not be distributed to anyone and you are prohibited from using such content commercially without our permission.
2.2 Your use of the MixAlbum Service carries with it no rights in relation to copyright, trademarks or other intellectual property rights that belong to us or third parties that have granted us licences to use their intellectual property. The MixAlbum.com logo and MixAlbum.com name are trademarks of Higher House Productions Ltd.
2.3 You may not display the contents of the MixAlbum Service or any part of them in a frame surrounded by other material not originated by us.

3. Limitations on the MixAlbum Service
3.1 You should note that various elements of the MixAlbum Service may not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the MixAlbum Service are virus or error free. You should check all emails, attachments and files before downloading them.
3.2 Your dealings with, and interest in, promotions, services, or merchants found via the MixAlbum Service are solely between you and the person with whom you are dealing unless we expressly state otherwise.
3.3 We, or merchants and content providers found via the MixAlbum Service, may provide links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither have we endorsed their content, products or services merely because they are accessible via the MixAlbum Service.
3.4 We make all reasonable efforts to ensure that all information provided by us in connection with the MixAlbum Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about the information included on our web pages (including links to third parties' web pages). You shall be solely responsible for any decisions based on the information contained on such web pages.
3.5 Information provided by MixAlbum does not constitute legal or professional advice and should not be relied upon without taking independent advice.
3.6 We take reasonable steps to safeguard the security of any information you input or send to us in connection with the MixAlbum Service by using secure services and encryption technology where we deem appropriate, however, we accept no responsibility for any damages that you may suffer as a result of the loss of confidentiality of such information.
3.7 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the MixAlbum Service will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of information over the Internet will be secure or that you will be able to access the Internet at all times or at the speeds that we have indicated are available.
3.8 You agree not to use the MixAlbum Service for business or commercial purposes.
3.9 You agree that, unless we specifically state otherwise, we shall provide the MixAlbum Service to you without any conditions, warranties or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded, to the extent permitted by law.

4. Our Liability to You
4.1 We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us.
4.2 We shall not be liable to you in contract, tort (including negligence) or otherwise for:
4.2.1 any damage or loss arising from the consequences of viruses received by you via the MixAlbum Service or of our failure to provide the MixAlbum Service in accordance with this Policy; or
4.2.2 any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to losses caused by viruses.
4.3 Except as set out in paragraph 4.1 any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the MixAlbum Service is limited to £200 in any 12 month period.
4.4 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).
4.5 Each provision of this section 4 operates separately. If any part is held by a court to be unreasonable or inapplicable then the other parts shall still apply.

5. Suspension and Termination of the MixAlbum Service
5.1 We may suspend or terminate the MixAlbum Service without giving notice to you.

6. Changes to the MixAlbum Service
We may alter and/or amend the MixAlbum Service at any time without giving notice to you.

7. Other Things You Need to Know
7.2 If any part of this Policy is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Policy.
7.3 The provision of the MixAlbum Service and the application of this Policy are governed by English law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Policy.