Terms & Conditions
Last Updated. February 21, 2018
Welcome to MIXED CHICKS, LLC (“MIXED CHICKS®”) website. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.mixedchicks.net and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (“Site”) and describe the terms and conditions applicable to your access of and use of the Site.
Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
This Agreement may be modified at any time by MIXED CHICKS® upon posting of the modified agreement and customer confirms his, her, they/ them acceptance of the modifications or updates by continuing to use the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.mixedchicks.net. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Ownership. All content included on this Site is and shall continue to be the property of MIXED CHICKS® or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. By way of example all text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material is owned or licensed property of MIXED CHICKS® or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of MIXED CHICKS® and protected by U.S. and international copyright laws. MIXED CHICKS® and its suppliers and licensors expressly reserve all intellectual property rights in all content. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13.
If you are under 18, you may use this Site only with involvement of a parent or guardian. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS, HER, THEY/THEM PARENT OR LEGAL GUARDIAN.
Site Use. MIXED CHICKS® grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sub, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of MIXED CHICKS® may terminate your use of this website at any time.
Site Accessibility. While MIXED CHICKS® works to make this Site user-friendly, MIXED CHICKS® does not take responsibility for any difficulties encountered in accessing the site or for communication line failure.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Termination of Service. MIXED CHICKS® may terminate your use or right to access the Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Site, to MIXED CHICKS®, to the business of the Site’s Internet service provider, or to other information providers.
User Comments, Reviews & Submissions. MIXED CHICKS® welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow MIXED CHICKS® to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest, Facebook™ ) as long as the user content submitted by you complies with these Terms & Conditions. You agree that any user content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, defamatory, false, deceptive, misleading, sexually explicit, indecent, lewd, violent, abusive, or degrading.
A user may post, comments, reviews, provide feedback, suggestions, questions, photos, videos, and other content through the Site. You are solely responsible for the user content you submit, and MIXED CHICKS® assumes no liability for any user content submitted by you. You acknowledge and agree that MIXED CHICKS® reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor user content; (ii) alter, remove, or refuse to post or allow to be posted any user content; and/or (iii) disclose any user content, and the circumstances surrounding its transmission, to any third party. For any user content you submit, you grant to MIXED CHICKS® a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such user content and to incorporate the user content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.
We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any user content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Site are MIXED CHICKS®’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. MIXED CHICKS® is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of MIXED CHICKS® that may be referred to on the Site are the property of MIXED CHICKS®. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of MIXED CHICKS®’s trademarks or service marks without MIXED CHICKS®’s prior written permission. MIXED CHICKS® aggressively enforces its intellectual property rights. Neither the name of MIXED CHICKS® nor any of MIXED CHICKS® other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without MIXED CHICKS®’s prior written permission.
Copyright Agent. The contents, deign, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips and the overall presentation, arrangement and selection thereof are the exclusive property of MIXED CHICKS® or its respective content providers, and are protected by U.S. and international copyright laws.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Bradley Kaaya, Sr. who can be reached as follows:
Mixed Chicks, LLC
21218 Vanowen Street
Canoga Park, CA 91303
Attention: Bradley Kaaya, Sr.
By Phone: (818) 888-4008
By e-mail: [email protected]
Non-Authorized Retailers. “Mixed Chicks, LLC” cannot guarantee the quality or authenticity of products sold by non-authorized retailers. Purchasing Mixed Chicks® products from unauthorized resellers forfeits our warranty. This includes non-authorized retailers on Amazon®.” Please click here for our limited warranty.
Risk of Loss. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Returns. If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms & Conditions in its entirety.
International Orders. May be subject to import taxes, customs duties, and/or fees imposed by the destination country. These charges will typically be due once the shipped goods arrive at the country of destination.
Indemnification. You agree to indemnify, defend and hold MIXED CHICKS® and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MIXED CHICKS, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MIXED CHICKS® BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and MIXED CHICKS® or its affiliates.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Contact Information Relating to the Terms of This Agreement.
HOW TO CONTACT US:
MIXED CHICKS, LLC
21218 Vanowen Street
Canoga Park, CA 91303