1. Mixbook | Terms of Use
http://www.mixbook.com/main/terms Go DEC FEB MAY Clos
8 captures 26 He
4 Jul 08 - 4 May 11
2008 2009 2011
Mixbook - Create Photo Books and Scrapbooks
Online
Learn More
Pricing
Gallery
Help | Signup | Login
Give Feedback
Terms of Use
Using Mixbook.com
This policy is effective December 18, 2008.
Introduction
Welcome to Mixbook.com (the "Web site"), an online, collaborative web site and publishing service that
connects people to create books together that can be printed or shared online. The Web site, service and
network (collectively, the “Service”) are operated by Interactive Memories, Inc. and its corporate affiliates
(collectively, “us”, “we” or “Mixbook.com”). By accessing or using our Website at www.mixbook.com, you (the
“User”) agree that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use”
or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right,
at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without
notice. If we do this, we will post the changes to these Terms of Use on this web page and will indicate at the
top of the Terms of Use the date they were last revised. Any new Terms of Use are effective upon posting and
your continued use of the Service after such posting constitutes your acceptance of the new Terms of Use. If
you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or
access) the Service. It is your responsibility to regularly review the Terms of Use to determine if there have
been changes.
Please read these Terms of Use carefully as they contain important information regarding your
legal rights, remedies and obligations.
Eligibility
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be
thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you
are under the age of 13, you must use an account created by a parent or guardian, and you must have the
explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void
where prohibited.
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

2. Mixbook | Terms of Use
Term
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may
delete your account and end your membership at any time, for any reason by following the instructions on the
My Account page. Mixbook.com may terminate your membership for any reason, at any time. Even after
termination, your obligations under this Agreement will remain in effect. You understand that termination of
this Agreement and your account may involve deletion of your Mixbook.com information from our live databases
as well as any Member Content that you have uploaded to the Service or created on the Service using your
account. You agree that Mixbook.com will not have liability whatsoever to you for any termination of your
account or related deletion of your information or Member Content.
Fees
You acknowledge that Mixbook.com reserves the right to charge for Services and to change our fees from time
to time in its discretion, upon posting such policy on the Service. Thereafter, upon using our Services, you will
be responsible for the payment of any applicable fees as set forth on the Service.
Conditions of Sale
Eligibility and Credit Card Terms
To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of
majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard,
American Express or any other issuer then accepted by us) and associated payment information at the time you
order books or any other products hereunder, including all of the following:
Your name as it appears on the card
The credit card type
The date of expiration of your credit card
Billing address
Any activation numbers or codes needed to charge your credit card.
Mixbook.com does not accept cash, checks or any other payment form, although it reserves the right to change
this policy in the future. Your credit card issuer agreement governs your use of your designated credit card,
and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a
cardholder. You agree that no additional notice or consent is required before Mixbook.com invoices the credit
card for all amounts due and payable. By providing Mixbook.com with your credit card number and associated
payment information, you agree that Mixbook.com is authorized to immediately invoice your account for all fees
and charges due and payable to Mixbook.com as a result of your purchase of any books or other products. You
agree to immediately notify Mixbook.com of any change in the credit card used for payment hereunder or in
any associated information. Mixbook.com reserves the right, at any time, to change its prices and billing
methods for books and other products sold, either immediately upon posting on the Service or by e-mail
delivery to you.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any
taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use
or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and
services may change at any time without advanced notice. Mixbook.com may automatically charge and withhold
such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required.
When you order books or other products for overseas delivery, shipments may be subject to import duties and
taxes, which are levied when the package with the books or products arrives at the destination that you
specified. Any charges for customs clearance shall be borne by you, as Mixbook.com has no control over such
charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for
goods and services you order and you shall comply with all laws and regulations of the destination country.
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

3. Mixbook | Terms of Use
Disputes
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute
any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to
the following address: Mixbook.com Customer Service, 2306 Zanker Road, San Jose, CA 95131, or via
Mixbook.com’s online support form.
Returns
All sales are subject to Mixbook.com’s then-current return policies, as posted on the Returns page.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for
such products pass to you upon our delivery to the carrier.
Password and Account Security
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to
maintain the confidentiality of your password. You agree not to use the account, email address or password of
any other Member at any time. You are solely responsible for all activity by anyone using your account and/or
password. If you suspect unauthorized use of your account or your password, please contact us at
support@mixbook.com.
Member Conduct
You understand that the Service is available for your personal, non-commercial use only. You agree that no
Member Content of any kind submitted by your or through your account will violate or infringe upon the safety
or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or
proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not
to scrape, harvest or collect email addresses or other contact information of Members from the Service by
electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated scripts to collect information from the Service or
for any purpose. You further agree that you may not use Service in any unlawful manner or in any other
manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service
to:
upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole
discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive,
obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation
with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk
email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
intimidate or harass another; or
use or attempt to use another's account, service or system without authorization from Mixbook.com, or
create a false identity on this Service.
Proprietary Rights in Content on the Service
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

4. Mixbook | Terms of Use
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and
arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret,
copyright, and other intellectual property rights, are the property of Mixbook.com or its licensors. All rights
reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mixbook.com's
prior written permission under a separate agreement. You may download or print a copy of any portion of the
Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary
notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of
the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Mixbook.com or its
licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of
Mixbook.com under a separate agreement.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile
information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members
through the Service (collectively the "Member Content"). You understand and agree that Mixbook.com may, but
is not obligated to, review and delete or remove any Member Content that in the sole judgment of Mixbook.com
violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that
you have the right to grant, to Mixbook.com an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat,
translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of,
or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the
foregoing.
Copyright Policy
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and
believe that any Content or any material on the Service infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with
the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person
authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to
permit us to locate the material on the Service;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address,
telephone number, and email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you
are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims
Mixbook.com
2306 Zanker Road
San Jose, CA 95131
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

5. Mixbook | Terms of Use
email: copyright@mixbook.com
Telephone: (408) 955-9151
Links to Other Web Sites
The Service contains links to other web sites. Mixbook.com is not responsible for the content, accuracy or
opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or
endorsement of the linked web site by Mixbook.com. If you decide to access these third-party web sites, you
do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other Mixbook.com Members. Mixbook.com reserves the
right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Mixbook.com cares about the privacy of its Members. View Our Privacy Policy, which is incorporated into this
Terms of Use.
Disclaimers
Mixbook.com is not responsible for any Member Content, including Member Content that violates this Terms of
Use or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members
or by any of the equipment or programming associated with or utilized in the Service. Mixbook.com is not
responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand
that the Service may be temporarily unavailable from time to time. MIXBOOK.COM DOES NOT ENDORSE,
GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY
MEMBER CONTENT ON THE SERVICE. Mixbook.com assumes no responsibility for any error, omission,
interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user or Member communications. Mixbook.com
is not responsible for any problems or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or
damage to users and/or Members or to any other person's computer related to or resulting from participating
or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no
circumstances will Mixbook.com be responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Service, any Content posted on the SERVICE or transmitted to Members, or
any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE CONTENT
ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MIXBOOK.COM DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIXBOOK.COM
CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS
FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY
APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MIXBOOK.COM BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF
BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF MIXBOOK.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
MIXBOOK.COM’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

6. Mixbook | Terms of Use
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MIXBOOK.COM FOR
THE SERVICE DURING THE TERM OF MEMBERSHIP.
Governing Law and Venue
The Terms of Use and any dispute about or involving the Service will be governed by the laws of the State of
California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue
of the courts of the state and federal courts of Santa Clara County, California and waive all claims of lack of
personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be
instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold Mixbook.com, its subsidiaries, affiliates, officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by
any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of
any law or the rights of a third party.
Other
These Terms of Use constitute the entire agreement between you and Mixbook.com regarding the use of the
Service, superseding any prior agreements between you and Mixbook.com relating to your use of the Service.
The failure of Mixbook.com to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. Mixbook.com may assign its rights under this
Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you
via email or other electronic means. To opt out receiving electronic communications, mail us at Opt-Out,
Mixbook.com Customer Service, 2306 Zanker Road, San Jose, CA 95131.
Questions
Please visit our Help page for more information.
Learn More
About Mixbook
Special Features
Printed Photo Books
Shipping
Jobs
Our Services
Photo Books
Memory Books
Online Scrapbooking
Digital Storytelling
Gift Cards
Idea Center
Wedding Memory Books
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]

7. Mixbook | Terms of Use
Baby Memory Books
Family Photo Albums
Programs
Mixbook For Educators
Get Help!
FAQ
Customer Service
Order Status
Contact Us
© 2006-2008 Mixbook.com | Terms of Use | Privacy | Returns | Mixbook Blog
http://web.archive.org/web/20090226225053/http://www.mixbook.com/main/terms[2/27/2012 4:30:11 PM]