Terms Of Use

TERMS OF USE
   Welcome to Shop HipMix.net (the “Website” or “Service”) provides services to you (the “buyer”, “seller”, or “user”) subject to the following terms of use. These terms of use will be updated from time to time, the most current version can be found at  http://shop.hipmix.net/terms-of-use. By accessing and using the website, users accept and agree to be bound by and comply with these terms of use. Please read the following terms carefully.

ELIGIBILITY
    Users represent and warrant that they are at least 18 years of age, or using the website under the supervision of a parent and/or guardian. Users represent and warrant that the information they submit to us is true and accurate, and that their use of the service will not violate any applicable law or regulation.

PRIVACY
    We collect registration and other information about our users through their use of the website. Our collection and use of this information is governed by our privacy policy, which can be found at http://www.hipmix.net/policies.php

VENUE
    Shop HipMix.net is a venue that allows users who comply with Shop HipMix.net’s policies to buy, sell and offer goods and services. Shop HipMix.net is not directly involved in the transactions between buyers and sellers. Shop HipMix.net has no control over the quality, safety, or legality of any aspect of any items listed, the truth and/or accuracy of the listings, the ability of sellers to sell items or the ability of the buyers to pay for said items. Shop HipMix.net  does not review users or the content of the information provided by users. Shop HipMix.net cannot ensure that a buyer or seller will actually complete a transaction, therefore, Shop HipMix.net does not transfer legal ownership of items from the seller to the buyer.

   Shop HipMix.net cannot guarantee the true identity, age and nationality of a user. Shop HipMix.net encourages you to communicate directly with the potential buyer/seller utilizing the tools available on the site. Users may also use a third-party escrow service or services that can provide additional information.

   Users will agree that Shop HipMix.net is a venue, and as such, is not responsible or liable for any content. For example, data, text, information, user names, graphics, images, photographs, profiles, audio, video, items, and links inserted by yourself, other users or outside parties on Shop HipMix.net. Users will use the site and service offered by Shop HipMix.net at your own risk.

COMPLIANCE
    Users agree to comply with all local laws regarding online conduct and acceptable content. Users are responsible for all applicable taxes. In addition, users must abide by Shop HipMix.net’s policies as stated in the agreement, as well as all other operating rules, policies and procedures that may be published, each of which is incorporated by reference and may be updated by Shop HipMix.net from time to time.

LICENSE AND SITE ACCESS
   Shop HipMix.net grants a limited, revocable, non-transferrable, nonexclusive license to access and use the website. Users may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the website, or any portion of the website, without the express written consent of Shop HipMix.net.  In all respects to the immediately preceding sentence and to these terms of use, you may copy and publish images, illustrations, graphics, audio clips, video clips and text related to specific productions sold on the website. Except as may be authorized by by Shop HipMix.net, this license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices, or any use of data mining, robots, or similar data gathering and extraction tools. Users may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of Shop HipMix.net without its express written consent. Users may not use any meta tags or any other “hidden text” utilizing Shop HipMix.net’s name or trademarks with out the express written consent of Shop HipMix.net. Users may not use the website in such a manner that threatens the integrity, security, performance or availability of the website. Users must retain, with out modification, all proprietary notices on, affixed to, or contained in the website. Any unauthorized user, as determined solely by Shop HipMix.net, terminates this license.

YOUR ACCOUNT
    Users are responsible for maintained the confidentiality of their account and password, and accept the responsibilities for all activities that occur under their account or password. Users agree to immediately notify Shop HipMix.net at info@shop.hipmix.net of any unauthorized use of their password, identification or any other breach of this website’s security. Shop HipMix.net reserved the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion and with out notice.

FEES AND SERVICES
    Shop HipMix.net fee policy:
   When users sell an item on Shop HipMix.net, they are charged a percentage of the sale price when the item sells. When the item is listed, users will have an opportunity to review and accept the fees that will be charged. Shop HipMix.net fee policies are subject to change and are incorporated into this agreement by reference. Changes to the fee policy, as well as the fees for Shop HipMix.net’s services are effective after Shop HipMix.net has provided users with at least twenty (20) days notice by posting the changes on the site. However, Shop HipMix.net may decide to temporarily change the fee policy and the fees for its services for marking or promotional events; such changes are effective when Shop HipMix.net posts the temporary promotional event on the site. Shop HipMix.net may change some or all of Shop HipMix.net’s service at any time, at Shop HipMix.net’s sole discretion. In the event that Shop HipMix.net introduces a new service, the fees for that service are effective at the launch of the service. All fees are quoted in U.S. dollars (USD).

    Users are responsible for paying all fees and applicable taxes with using Shop HipMix.net. Shop HipMix.net keeps accepted payment information on file. On the 16th day of the month, each seller is emailed an invoice indicating the amount due. The seller has 15 days from the date of the invoice to make the payment in full.

   In the event that Shop HipMix.net terminates a seller’s listing or account, the seller closes their account, or if the payment of Shop HipMix.net fees cannot be completed, the seller remains obligated to pay Shop HipMix.net for all unpaid fees, plus penalties. If the seller’s account is not paid in full and becomes past due, the seller risks such penalties as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining of collection agencies and legal counsel.) If you have any questions or wish to dispute a charge, contact Shop HipMix.net.

LISTING AND SELLING
   By listing an item on the site, sellers warrant that all aspects of the item comply with Shop HipMix.net’s published policies.  Users also warrant that they may legally sell the item. Users must accurately describe the item and all terms of sale in their Shop HipMix.net store. Listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item.  All items must be listed in an appropriate category with tags. If the “in stock” quantity is more than one, all items in that listing must be identical.  Each unique item must have its own listing.

   All sellers are urged to outline shop policies for their Shop HipMix.net store. These policies may include shipping, returns, payment and selling policies. Sellers must create reasonable polices in good faith, and must abide by such policies. All shop policies must comply with Shop HipMix.net’s published policies. Sellers are responsible for enforcing their own  reasonable shop policies. Shop HipMix.net reserves the right to request that a seller modify a shop policy.

   All sales are binding. The seller is obligated to ship the order or otherwise complete the transactions with the buyer in a prompt manner, unless there is an exceptional circumstance such as: The buyer failed to meet the terms of the seller’s listing (such as desired method of payment), or the seller can not authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for the items purchased.

   The price stated in each item listing must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs of packaging and mailing items. Sellers may not change excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Shop HipMix.net transaction fees, misrepresent the items location, or use another user’s account with out permission.

SITE CONTENT
    Other users of the website may post certain information or provide opinions or advice as part of the website. Information provided by users of the website is solely the opinion of such users and does not express the opinions of Shop HipMix.net. When reviewing such information, users should not assume that the speaker is unbiased, independent or qualified to provide the information or advice. Shop HipMix.net does not necessarily exercise editorial control over content created or posted by others. Where information contained on the website comes from third parties, even where it may have been obtained by Shop HipMix.net, Shop HipMix.net makes no representation about the suitability of such content for such purpose. When reviewing any information on the website, including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by Shop HipMix.net, and that your actual experience may be different. Neither Shop HipMix.net nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the website and shall not be liable for any errors or delays in the content or for any actions taken.

RESOLUTION OF DISPUTES AND RELEASES
    In the event a dispute arises between you and Shop HipMix.net, please contact Shop HipMix.net.

    Your use of Shop HipMix.net constitutes your express agreement that any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration pursuant to the Texas Arbitration Act in Travis County, Texas, using the English language.

    Your use of Shop HipMix.net further constitutes your express agreement that, should you have a dispute with one or more users, or an outside party, you hereby agree to release Shop HipMix.net (and Shop HipMix.net’s officers, directors, agents, parent companies, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Shop HipMix.net encourages users to report user-to-users disputes to your local law enforcement, postmaster general, or attorney general* if applicable.

INTERNATIONAL ACCESS
    This website can and will be accessed from countries other than the United States. This website may contain products or references to products that are not available for purchase in some countries. Any such references do not imply that such products will be made available in the United States. If you access and use this website outside of the United States, you are responsible for complying with your local laws and regulations.

COPYRIGHT
    All content included on this site such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software is the property of Shop HipMix.net, its merchants, or its content suppliers and is protected by United States and international copyright laws. All software used on this site is the property of Shop HipMix.net and is protected by United States and international copyright laws.

DISCLAIMER OF WARRANTIES
    Users will use the service and website content at their own risk. This website and all information, content, materials, products (including software) and services included on or other wide made available to users through the website are provided on an “AS IS” and “AS AVAILABLE” basis.  Shop HipMix.net expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Shop HipMix.net does not warrant that the website, information, content, materials, products (including software) or services included on or otherwise made available to users through the website, their servers, or email sent from Shop HipMix.net are free of viruses or other harmful components. No advice or information, whether oral or written, obtained from Shop HipMix.net or through the website will create any warranty not expressly stated in these terms of use. Some states prohibit a disclaimer of warranties, and users may have other rights that vary from state to state.

LIMITATION OF LIABILITY
    Shop HipMix.net will not be liable for any damages of any kind arising from or related to the use of this website or from any information, content, materials, products (including software) or services included on or otherwise made available to users through the website, including but not limited to: direct, indirect, punitive, consequential or exemplary damages. Because some states to not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to some users.

INDEMNIFICATION

    Users agree to indemnify, defend and hold harmless Shop HipMix.net, and its directors, employees, agents, independent contractors, service providers, and consultants (collectively, “Shop HipMix.net”) from any third party claims, damages, loss, liability, costs and expenses including reasonable attorney’s fees, arising out of use of the website, and any discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any the Shop HipMix.net parties arising out of or relating to use of the website, user submissions, user violations of the terms of use, or user violation of the rights of any third party. You also agree to indemnify Shop HipMix.net parties for any loss, damages, or costs, including reasonable attorney’s fees, resulting from the use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action users may take that imposes and unreasonable burden or load on Shop HipMix.net’s infrastructure.

NOTICES
    Agreements, notices, disclosures and other communications the terms of use refer to will be posted from time to time on the website.

REMEDIES
    The agreement to arbitrate any dispute arising out of this agreement shall not affect Users agreement that Shop HipMix.net’s remedy at law for any actual or threatened breach of these terms of use would be inadequate and that Shop HipMix.net shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Shop HipMix.net may be legally entitles to recover, together with reasonable expenses of any form of dispute resolution, including attorney’s fees. No right or remedy of Shop HipMix.net shall be exclusive of any other,  whether at law or in equity, including damages injunctive relief, attorney’s fees and expenses. No instance of waiver by Shop HipMix.net of its rights or remedies under these term of use shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW
    These terms of use are governed by the laws of the State of Texas, without regard to the principles of conflict of laws.

DISPUTES
    All disputes not governed or controlled by arbitration, if any, shall be adjudicated in a state or federal court in Travis County, Texas, and  users consent to exclusive jurisdiction and venue in such courts. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or in connection with the use of the website and these terms of use must be filed within one (1) year after such claim or cause of action arises.

SITE POLICIES, MODIFICATION AND SEVERABILITY
    Shop HipMix.net reserved the right to make changes to the website, policies, and these terms of use at any time. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

CONTACTING SHOP HIPMIX.NET
    If users have any questions or concerns about the website or these terms of use, Shop HipMix.net can be reached at the following mailing address, telephone number or email address:

6950 College St.
Suite G
Beaumont, TX 77707

(409) 347-8146
info@shop.hipmix.net 

  

Terms of Use last updated 04/04/2011