Terms of Use and Service

Table of Contents

 

 

 

Effective: 07/07/2025
Last updated: 07/14/2025

IMPORTANT NOTICE: THESE TERMS OF USE AND SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN ARTICLE 14 BELOW. IF YOUR COUNTRY OF RESIDENCE IS OUTSIDE OF THE UNITED STATES, THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST MIXAM  IN THE UNITED STATES.

INTRODUCTION

Welcome to Mixam, Inc - Please read these Terms of Use and Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of our website, www.mixam.com, (the “Website”), as well as our provision of products, including print products (“Products”, each a “Product”), and services, including manufacturing, printing, and design services (the “Services”, each a “Service”) through the Website. 

The words “you” and “your” refers to any individual or entity using the Website, Products, or Services in the United States (including its possessions and territories), including without limitation users who are visitors, browsers, partners, customers, Publishers (defined below), PL Customers (defined below) merchants, and/or contributors of content (each a “User” and collectively “Users”). “Mixam,” “we,” “us,” or “our” refers to Mixam, Inc, including its affiliates, parent entities, sister entities, subsidiary entities, divisions, partners, partnerships, commonly controlled operations, contractors, suppliers, web developers, licensors, directors, shareholders, officers, agents, representatives, and employees. Mixam reserves the right to provide the Services to you through various Mixam legal entities.

By using the Website and Services, and ordering Products from us, you acknowledge that you have read and reviewed these Terms in their entirety, and you agree to be legally bound by them.

Certain services, promotions, and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference. If there is a conflict between these Terms and the terms set forth on a specific portion of the Website, the terms listed on the specific portion of the Website shall control with respect to your use of that portion of the Website.

You may access the Website and Services through a computer, mobile phone, tablet, console, or other technology (each a “Device”). Your carrier's normal rates and fees apply to your Device.

We may revise these Terms from time to time. If a material change is made to the Terms, we will notify you (for instance, by email or with a banner on the Website). Your continued use of any portion of the Website or Services after we notify you of changes constitutes an acceptance of such changes. 

By using our Website and the Services, you are also signifying your assent to our Privacy Policy, which is incorporated herein by reference. 

ARTICLE 1 - YOUR USE OF OUR WEBSITE, PRODUCTS, AND SERVICES

A.  License to Use: Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Website, Products, Services, and Mixam Content (defined below), solely as made available by us and for your own personal, non-commercial, purposes. We also grant you a non-exclusive, perpetual, worldwide, fully paid up, license to use the Work Product (defined below), including for commercial purposes, provided you have paid for the Services relating to the Work Product in full. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, create derivative works from, transmit, or publicly display any portion of the Website or Services without our written consent. 

B.  General Rules of Conduct: You may not (and may not permit any third party to) use the Website, Products, and Services for any illegal or unauthorized purpose, including to:

  • Violate any applicable laws or regulations or otherwise violate the legal rights of others, including, without limitation, others' intellectual property rights, or rights of privacy and publicity;
  • Defame, abuse, harass, stalk, threaten, use foul language or profanity with, or discriminate against, others (including other Users and Mixam); 
  • Impersonate any person or entity or use any fraudulent, misleading, or inaccurate email address or other contact information;
  • Restrict or inhibit any other User or individual from using any portion of our Website or Services, including, without limitation, by means of "hacking" or defacement;
  • Upload to, transmit through, or display on any part of our Website any (a) material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; or (b) confidential, proprietary or trade secret information of any third party; 
  • Engage in spamming, phishing, or unsolicited communications;
  • Express or imply that Mixam endorses any statement you make;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website or Services; 
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website or Services; and 
  • Permit any third party to do any of the above prohibited actions.

It is your responsibility to ascertain and obey all applicable laws, regulations, and rules (including minimum age requirements) regarding the possession, use, and sale of any item purchased through our Website. By placing an order, you represent that the Products and Services you purchased from us will be used only in a lawful manner. 

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website and Services. We explicitly reserve the right to refuse orders that we, in our sole discretion, determine contain unlawful, offensive, threatening, sexually violent, or otherwise inappropriate content.

C. Mixam Communications: By using the Website and Services, you may have also agreed to receive certain electronic communications from us, subject to applicable law, including text messages for order updates. If you agree to receive such communications, you agree that any notice or other communication that Mixam sends you electronically will satisfy any written notice requirements.

ARTICLE 2 - YOUR ACCOUNT

You may create a User account (“Account”) on our Website by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current, and accurate information about yourself when creating an Account, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of the login information that you use to access your Account. You agree not to disclose your login information to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You must immediately notify us of any unauthorized use of your Account.

You must be at least eighteen (18) years of age (or the legal age of majority in your jurisdiction) to create an Account. By creating an Account, you represent to us that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect from any payment method you provide. If you are not of legal age (and an officer or otherwise authorized to act on behalf of a company if the potential User is a company), please do not set up an Account on our Website.

ARTICLE 3 - MAKING PURCHASES

A.  Payment: If you wish to purchase our Products or use the Services through our Website, we will ask you to supply certain information applicable to your purchase. This  includes, without limitation, payment methods and contact information. We will treat any such information as described in our Privacy Policy. All information you provide in connection with an order must be accurate, current, and complete. 

YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD PROVIDED TO INITIATE ANY TRANSACTION. You authorize us to collect payment from the payment method you provide. You agree to pay all charges incurred by you or any users of your Account at the prices in effect when such charges are incurred. You also agree to the legal terms of any third party credit/buy now and pay later plan you select, and our third-party payment processors. For more information on payment methods, see, https://mixam.com/support/payment (terms incorporated herein). To the extent you want to pay with store credit, store credit is only valid for one (1) year from the issue date, after which it will auto-expire.

A valid payment method is due at the time of your order. All payment must be made in clear funds, in full, within the deadline stated on our invoice/Website, without set-off or deduction. Failure to timely pay for any order may result in termination or suspension of your order.

B.  Pricing; Availability of Products and Services: Although the prices listed on our Website reflect our current prices, the price for any particular purchase made by you may change depending on such factors as your User Submitted Materials (including the nature of its content), our production speed, the delivery service level, and whether a Mailing List (defined below) is used. You are responsible for paying any applicable taxes or additional fees (including for shipping) relating to your purchase. We may require verification information from you before we accept any order. Any declined payment costs shall be borne by you.

Descriptions, images, references, features, content, specifications, prices, and availability of Products or Services are subject to change without notice. The inclusion of any Products or Services on our Website at a particular time does not imply or warrant that these Products or Services will be available at any time.

We reserve the right, with or without prior notice or liability, to: a) limit the available quantity of, or discontinue, any Product or Service; b) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; c) bar any User from making any or all purchase(s); and/or d) refuse to provide any User with any part of the Products or Services. 

To the extent any information available on the Website contains typographical errors, inaccuracies, or omissions, including those that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability, we reserve the right to correct them, including to change, update, or cancel orders so affected (regardless of whether you have already confirmed or paid for your order).

In our sole discretion, we may also offer discounts and/or make limited-time offers. The terms of any such discount/offers will be listed on the specific portion of the Website dedicated to such discounts/offers, and/or in our newsletter and social media. Each discount and/or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and/or offer is for a limited time only, the order must be paid for within the limited time frame to take advantage of the discount/offer, and the time zone is Central Standard Time, unless otherwise specified.  Orders placed and paid for before a discount/offer goes live are not eligible for the discount/offer. Changing an order after a discount/offer expires voids the use of the discount/offer for that order. 

C.  Abandoned Orders: Orders that have been paid for but remain unconfirmed ninety (90) days after the purchase date will be deemed abandoned and cancelled. To the extent the order was placed via a third party payment processor/system, Mixam will refund the purchase price to the payment method used to place the order. To the extent the order was placed via bank transfer or other payment method, Mixam will contact you at the email address listed in the order for your banking details. If you fail to provide your banking details, we will refund the purchase price to you in the form of store credit on your Account.

ARTICLE 4 - DESIGNS AND PROOFS

REVIEWING YOUR DESIGN, ORDER, AND PROOFS FOR ACCURACY IS YOUR RESPONSIBILITY.

Whenever you order an item, our Website will display thumbnails, a virtual preview, and a downloadable proof for your final review and approval. For higher value orders, you must approve a Professional Proof (collectively with the downloadable proof, “Proofs”) and re-confirm your order.

The downloadable proof (while not necessarily color accurate) is the closest representation of how your design will appear in print, and downloading it will highlight some issues that may not be apparent in the virtual preview or thumbnails. Viewing the downloadable proof with a professional PDF reader like Adobe Acrobat (with the Overprint Preview turned on) will also help ensure optimum print results. 

We make reasonable efforts to display the attributes of our Products accurately, including their colors. However, the colors you see when using our Website and viewing your Proofs will depend on your electronic device system, and we cannot guarantee that your screen will display colors accurately. If colors are critical to your design, contact us, and our print experts will do their best to help you achieve color-accurate work where possible. Our system will automatically convert any RGB files to CMYK, which may cause color variations. When printing in color we recommend uploading your files in CMYK color mode. When printing in greyscale, we recommend uploading your files in greyscale color mode.

Our Website will also flag issues with your design so that they can be promptly resolved, including issues relating to image resolution, background, and text size. If you place an order on our Website, you agree to work with us to resolve flagged issues, and you ignore these flags at your own risk. If you approve Proofs without resolving the issues flagged, we may not be able to amend them during production. We may on occasion manually or use AI to make technical adjustments to your order to enhance your User-Submitted Materials. By placing an order with us, you hereby approve of such. 

Production will only commence after you make payment and you have confirmed/re-confirmed (as applicable) the order’s contents and all Proofs. It is critical that you carefully review your order and the Proofs provided to you before confirming/re-confirming your order. We will start fulfilling your order immediately after receiving your confirmation/re-confirmation. Any changes made or requested after an order has been confirmed/reconfirmed may not be honored. For further details, see, mixam.com/support/proof  and mixam.com/support/design-your-photo-book-with-mixam (terms incorporated herein).

ARTICLE 5 - DELIVERY

A.  General: All fulfilled orders, whether delivered or not, remain our property until we have been paid in full for the order. We will arrange for your order to be delivered to the address(es) specified by you in your order via the delivery method you select. We also offer split shipping and white labeling. Mixam will not be responsible or liable for errors in delivery due to inaccuracies or incompleteness in the information supplied by you, for any damage occurring to Products once they are in the possession of a carrier, for a carrier’s failure to provide accurate tracking information for an order, or for any errors or delays in delivery attributable to a carrier. For further details on delivery, see, mixam.com/support/shipping (terms incorporated by reference).

B. Delivery Methods: By placing an order through our Website, you acknowledge that your order will be handled by a third-party carrier (ex: FedEx, UPS). You agree to be bound by the applicable carrier’s terms and conditions, including but not limited to policies on delivery times, liability for lost or damaged packages, and signature requirements. Deliveries are made during normal business hours for the applicable carrier.

There may be limitations depending upon which delivery method you choose. If error or fulfillment needs result in us using a different delivery method than the one you select, your order’s delivery date may be affected. We have the right to refuse or cancel any orders where such errors/fulfillment needs impact delivery methods (regardless of whether you have already confirmed or paid for your order). We also reserve the right to ship partial orders (at no additional cost to you).

C. Failed Deliveries: In the case of your failure to list a valid mailing address, provide adequate delivery instructions or any other instructions that are relevant to the delivery of an order, or the recipient’s failure to collect the order delivered by the deadline set by the applicable carrier, the order will be returned to Mixam, and Mixam will contact you. Orders not collected within ninety (90) days of Mixam first contacting you will be deemed abandoned and disposed of. 

D. Estimated Delivery Times: We will use reasonable endeavors to deliver your order within eight (8) days of printing and finishing your order. However, we are not a mail delivery service, and we cannot guarantee delivery by any particular date. All delivery dates are estimated. Actual delivery time will depend on various factors, including, but not limited to, the carrier used, order quantity, type of printing, how far your order has to travel, our production speed, and when you confirm your order. We guarantee, however, that unless there are exceptional circumstances, we will dispatch all deliveries within thirty (30) days of the later of a) receipt of payment or b) the date of completing printing your order (including all required confirmations). If your order is time-sensitive, contact us in advance to discuss your deadline. 

E. International Deliveries: Unless we expressly agree otherwise, we will only deliver orders within the United States of America. Any international deliveries to which we agree may be subject to excise charges, customs clearance (including import duties), and carrier delays. Local country restrictions may apply and we will not be responsible for any charges that could occur from the import or export of your order. If the recipient of your order fails to pay customs clearance charges, resulting in the order being returned to Mixam, you agree to reimburse Mixam for any expenses we incur in connection therewith.

ARTICLE 6 - ORDER CANCELLATION, ISSUES, AND REFUNDS

A.  Cancellation: The Products we offer are made to order. As such, if you wish to cancel any part of an order before it is shipped, you are liable for any costs or expenses incurred by Mixam for work already performed prior to receipt of your request for cancellation. We reserve the right to cancel all or part of an order for any reason up to the point of shipping, including due to pricing or administrative error. 

B. Order Issue Time Limits: Upon delivery, it is your duty to confirm that the contents of an order are correct and to notify us of any issues. Any request for a partial or full reprint, discount, or refund must be made in writing within:

  • five (5) days of delivery if related to damages, delays, or loss caused by transit; and
  • ten (10) days if related to the quality or quantity of the Products received.

If you do not make a request within this timeframe, the order will be deemed accepted and conforming to your specifications.

C.  Notification Procedure: Users who have an Account should send their request through the Report An Issue button on the relevant order. Non-account holders can send their request to email Mixam's Care Team via care@mixam.com with their order details.

D.  No Chargebacks: You agree not to issue any chargebacks to any payment method for any reason related to Mixam’s Products and Services, and to use the print issue request and dispute resolution procedures outlined in the Terms. Mixam expressly reserves all legal rights and remedies, including to seek damages and attorneys fees against you, and suspend, terminate, and/or issue a strike against your Account, if you initiate a fraudulent or frivolous chargeback. 

E.  Quality issues: If you receive a Product from us that is in your opinion defective, you must contact us immediately as set forth above and provide a detailed description of the alleged defect, including photos and/or videos substantiating the alleged issue. If we agree that the quality of a Product is not satisfactory - or does not materially conform with your instructions or User-Submitted Materials- we may choose to:

  • reprint the Product and replace it; 
  • repair the Product; or
  • provide you with a full refund or a partial refund for that part of the defective Product, including when replacement/repair is prohibitively expensive.

You also have the right to request a refund if a previously carried out replacement/repair fails its essential purpose.

F.  Return Shipments, Refunds and Reprints: Where you seek a refund or reprint from us based on an alleged Product quality defect, you must, on our request, return the Product at issue to us. Any such returns will be at your expense. If we agree that the Product is not of satisfactory quality, we will refund the cost of returning the Product (at the standard postal return delivery rate). Products returned damaged or used beyond what is necessary to establish their nature, characteristics, and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total order value.

ARTICLE 7- THIRD-PARTY SITES, SOFTWARE, AND SERVICES

Our Website may contain links from, or direct you to, sites, software, or services owned or operated by third parties (“Third Party Sites”). We have not reviewed these Third Party Sites, and do not endorse or have any control over them. We are not responsible for the content, policies, activities, and operation of any Third Party Sites, including their data privacy or other practices. We are linking or directing you to such Third Party Sites only as a convenience. You interact with Third Party Sites at your own risk, and you are solely responsible for any costs associated with such Third Party Sites, including any applicable license fees and service charges. You should carefully review any Third Party Site’s terms of use and privacy policy prior to use. Complaints, claims, concerns, or questions regarding any Third-Party Site should be directed to the third party involved.

Other sites may link to our Website, with or without our authorization. We do not endorse such sites, and are not, and will not be, responsible or liable for any links from those sites to our Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. We reserve the right, at any time and in our sole discretion, to block links to our Website through technological or other means without prior notice.

ARTICLE 8 - INTELLECTUAL PROPERTY

A.  Ownership of Mixam Content: “Mixam Content” is any scripts, tools, images, videos, text, information, graphics, sounds, data, tools, applications, interfaces, links, and other materials contained within the Website and Services, other than User Submitted Materials or Third-Party Content (defined below). The Mixam Content, including any copyrighted or patented material, trademarks, service marks, and trade names featured therein, are owned, registered, and/or licensed by Mixam. You do not acquire any ownership rights to the Mixam Content by using the Website and Services. THE MIXAM CONTENT IS PROVIDED “AS IS” FOR YOUR PERSONAL USE ONLY, AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCASTED, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY PURPOSE WHATSOEVER WITHOUT OUR PRIOR WRITTEN CONSENT. Unauthorized use of the Mixam Content may constitute a breach of copyright, trademark, or other intellectual property laws and may subject you to criminal or civil charges and penalties.

To the extent we approve the download or use of the Mixam Content from the Website, you agree not to change or delete any copyright, trademark, or other proprietary right ownership notices from the Mixam Content. We also grant you a limited, non-transferable, non-sublicensable, and revocable license to access and use the Mixam Content for personal, non-commercial, use on your personal device only, for as long as we make such Mixam Content generally available to you and provided ownership attribution requested to Mixam is correctly indicated. Mixam reserves the right to monitor your use and to alter or revoke this license or your access to the Mixam Content at any time and for any reason. Mixam allowing you this limited use does not constitute a waiver of any of Mixam’s rights to the Mixam Content.

B.  Ownership of Mixam Work Product: Any Proofs, designs, designed Products, templates, layouts, analyses, recommendations, and other expressions created by Mixam in the course of performing the Services to a particular User, including any template or layout in which a User arranges or organizes their User Submitted Materials through tools and features made available through our Website (collectively “Mixam Work Product”) are the property of Mixam. However, Mixam grants that User a non-exclusive, perpetual, worldwide, fully paid up, license to use the Work Product, including for commercial purposes, provided the User has paid for the Services relating to the Work Product in full. For the avoidance of doubt, the User retains title to the User’s confidential information, intellectual property, and User Submitted Materials, to the extent featured in the Mixam Work Product. With the exception of the User’s confidential information, intellectual property, and User Submitted Materials, User shall have no right to sublicense, transfer, assign, convey, or permit any third party to use or copy the Mixam Work Product.

C. Ownership of User-Submitted Materials: Any materials submitted by you to us on the Website or in connection with the Services, including, without limitation, artwork, book files, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

  • You represent that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, including any necessary consent from any third parties whose data and/or content you share with Mixam, and that the User Submitted Materials does not and will not infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party;
  • You represent to us that the User Submitted Materials is not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, or otherwise objectionable;
  • You or whoever created the User Submitted Materials will retain ownership of the User Submitted Materials and your use of the Products and Services will not create any right, title, or interest, in or to User Submitted Materials by Mixam or other Users;
  • You grant Mixam a worldwide, non-exclusive, transferable, royalty-free, perpetual, and irrevocable, right and license, with right of sublicense and assignment (through multiple tiers), to use, publish, reproduce, distribute (through multiple tiers), create derivative works of and publicly display the User Submitted Materials solely in connection with providing the Services to you. This includes us preparing digital previews and Proofs, displaying to potential customers how the User Submitted Materials will appear on Products, displaying the User Submitted Materials and interactive previews on Publication Pages (defined below), and preparing, manipulating (if necessary), and transmitting the User Submitted Materials to our suppliers and vendors for production, packaging, and shipment. Should the User Submitted Materials contain the name, image, and likeness of any person, you consent to our use of such name, image, and likeness for these purposes and agree that you have obtained all necessary written consents, releases, and/or permissions of every identifiable individual who appears in the User Submitted Materials. If the User Submitted Materials contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with the User Submitted Materials;
  • We may (but are not obligated to) refuse to use some or all of the User Submitted Materials (including, without limitation, filtering out content, and suspending processing or shipment of any order);
  • We may disclose some or all of the User Submitted Materials and the circumstances surrounding the use of User Submitted Materials to third parties to enforce these Terms or to comply with legal obligations or governmental requests;
  • We may remove User Submitted Materials from our Website that violate these Terms; however, we have no obligation to remove User Submitted Materials in response to user reports or requests; and
  • We are not responsible for, and will have no liability for, the removal, non-removal, or loss, of any User Submitted Materials from our Website. We recommend you keep backup copies of your User Submitted Materials on your hard drive or other personal system. We do not always archive your User Submitted Materials  for longer than it takes to produce a final Product. DO NOT send any “one-of-kind” prints or artwork to us.

D.  User Comments: Some features of our Website and Services may also enable you to send to us non-confidential transmissions, such as comments, feedback, or reviews (“User Comments”). You acknowledge that we have no responsibility or liability for the transmission of any User Comments, including the content thereof. You acknowledge and agree that if you submit any User Comments to us, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable (through several tiers) and transferable license to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, display, distribute, modify, adapt, sell, transmit, create derivative works from, and otherwise use and exploit the User Comments for any purpose, including, but not limited to, developing, manufacturing, and marketing Products and Services and creating, modifying or improving the Products and Services.

E.  Copyright Policy: Mixam respects the intellectual property rights of others and expects our Users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Website (including any User Submitted Materials and User Comments) infringes upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be blocked.

The notice must include the following information:

  1. identification and a description of the copyrighted content (supported by links, registration numbers, and other documentation, if possible);
  2. identification and a description of the alleged infringing content (supported by links and other documentation, if possible);
  3. the name, address, telephone number, and email address (if available) of the complaining party;
  4. a statement made under the penalty of perjury that i) the information in the notice is accurate and, ii) you own the copyright at issue, or are authorized to act on behalf of the right holder and have made sure the owner hasn’t previously approved the content’s use; and
  5. an electronic or physical signature of the copyright owner or a person authorized to act on their behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. DMCA notices and counter-notices must be written in the English language and should be sent to: Attn: Darren Elgin, Mixam, Inc, 1 N Wacker Dr, Suite 2410, Chicago, IL, 60606; email: darren@mixam.com. 

If you send your notice/counter-notice by email, please write “DMCA Copyright Notice/Counternotice” in the subject line. We will investigate all notices/counternotices and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices may result in termination of your Account or other legal consequences.

ARTICLE 9 - INDEMNIFICATION

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD MIXAM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES, INCLUDING: (I) YOUR VIOLATION OF THESE TERMS OR ANY OTHER AGREEMENT THAT GOVERNS YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES, ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN OR THEREIN, OR ANY APPLICABLE LAW; (II) YOUR USER SUBMITTED MATERIALS AND USER COMMENTS; (III) ACTIONS TAKEN BY YOU IN CONNECTION WITH THE WEBSITE, INCLUDING OBTAINING ANY PRODUCTS OR SERVICES FROM US, AND (IV) ANY ACTIONS TAKEN ON THE WEBSITE BY ANYONE ACCESSING YOUR ACCOUNT.

ARTICLE 10 - DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR WEBSITE, PRODUCTS, AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXAM  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT GUARANTEE THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR ANYTHING, OR ELSE HARMFUL, OR THAT ANY DEFECTS WILL BE CORRECTED. MIXAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE, PRODUCTS, AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXAM IS NOT RESPONSIBLE OR LIABLE FOR ANY USER SUBMITTED MATERIALS AND USER COMMENTS UPLOADED TO THE WEBSITE. ALSO, NOTHING CONTAINED ON THIS WEBSITE SHALL BE INTERPRETED AS ADVISING YOU.

NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF MIXAM  SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

ARTICLE 11 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIXAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE OR SERVICES, AND EVEN IF FORESEEABLE OR MIXAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE ARISING OUT OF OR RELATING IN ANY WAY TO: I) OUR PROVISION OF (OR FAILURE TO PROVIDE) THE WEBSITE, PRODUCTS, AND SERVICES, INCLUDING USERS’ INABILITY TO USE OR ACCESS SAME, AND FAILURE TO OBTAIN CERTAIN BUSINESS RESULTS, RESPONSE RATES, OR SALES; II) THE ACTIONS OF THIRD PARTIES INCLUDING SHIPPING CARRIERS, THE CONTENT OF THIRD PARTY SITES, AND ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR USER SUBMITTED MATERIALS/USER COMMENTS OR DATA BY THIRD PARTIES; III) THE CONDUCT OF OTHER USERS ON THE WEBSITE; IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MIXAM OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES; V) ANY ACTION TAKEN BY COPYRIGHT OWNERS OR OWNERS OF OTHER INTELLECTUAL PROPERTY RIGHTS AGAINST YOUR USER SUBMITTED MATERIALS OR USER COMMENTS, OR PRODUCTS AND SERVICES YOU ORDERED FROM MIXAM; AND VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE, PRODUCTS, OR SERVICES’ TECHNICAL OPERATION.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MIXAM FOR ANY ALLEGED DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING FOR DISSATISFACTION WITH PRODUCTS) IS TO SEEK A REFUND/REPLACEMENT AND/OR  STOP USING THE WEBSITE, PRODUCTS, AND SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF MIXAM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES  SHALL BE THE ACTUAL PRICE PAID FOR THE PRODUCTS AND SERVICES BY YOU. ANY CLAIMS MADE AGAINST MIXAM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL, OR SHALL BE FOREVER BARRED. 

NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

ARTICLE 12 - JURISDICTIONAL ISSUES

We do not represent or warrant that any part of our Website, Products, and/or Services is appropriate or available for use in any particular jurisdiction. Those who choose to access/use the Website, Products, and Services do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Website, Products, and Services in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

ARTICLE 13 - TERMINATION

These Terms are effective unless and until terminated by either you or us. We may terminate or restrict your access to our Website, Services, Products, and your Account at any time, with or without cause, and with or without prior notice. We also may delete or otherwise deactivate your Account, User Submitted Materials, and User Comments any time and for any reason, without any liability to Mixam, subject to applicable law. You may terminate these Terms at any time by notifying us at team@mixam.com that you no longer wish to use our Website, Services, Products, and your Account.

Upon your Account being terminated, you will have no further access to it, and we may delete or anonymize any information, files or materials in our systems associated with your Account, including, without limitation, any User Submitted Materials. We will have no obligation whatsoever to save or make any such information, files, or materials available to you after your Account has been terminated. You agree that we will have no liability whatsoever to you or any other party as a result of your access to our Website/your Account being terminated and/or as a result of the deletion or loss of any information, files, or materials in your Account. 

Unless otherwise specified by us, Mixam will complete fulfillment of any orders placed and paid for by you, and accepted by us, prior to your Account being terminated. 

ARTICLE 14 - DISPUTE RESOLUTION

Please read this Article carefully, as it affects your legal rights.   

A.  Consent to Binding Arbitration and Exclusive Jurisdiction of Small Claims Court: YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING IN ANY WAY TO, YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES, INCLUDING THESE TERMS, SHALL BE DETERMINED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, UNLESS OTHERWISE REQUIRED BY LAW. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS AND USING THE WEBSITE, PRODUCTS, AND SERVICES, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN ANY OTHER COURT OR FORUM. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to forums and venues articulated in this Article.

B.  Notice: Prior to seeking arbitration or filing a small claims court action, you must first send to Mixam, by certified mail, a written Notice of your claim ("Notice"). The Notice to us must be addressed to: Attn: Darren Elgin, Mixam, Inc, 1 N Wacker Dr, Suite 2410, Chicago, IL, 60606. If Mixam intends to initiate arbitration or file a small claims court action against you, it will send you a written Notice to the email address we have on file for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Mixam and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Mixam may commence an arbitration proceeding or file a claim in small claims court.

C. Arbitrability of Disputes; Applicable Rules; Statute of Limitations: You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Article 14.This arbitration provision shall survive termination of these Terms and of your Account. Any arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), and will be administered by the AAA. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Illinois, and arbitration will take place in Chicago, IL or via teleconference (at the discretion of Mixam). Any demand for arbitration or small claims action must be filed within one (1) year of the date of accrual, or shall be forever barred.

D.  Class Action Waiver: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS OR SUITS EVEN IF THE AAA OR SMALL CLAIMS COURT PROCEDURES OR RULES WOULD. YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES TO RESOLVE ANY CLAIM AND CONTROVERSY RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS, AND SERVICES.

ARTICLE 15 - VIRTUAL ASSISTANT-SPECIFIC TERMS

A.  General: This Article 15 is intended to inform Users of the limitations and usage guidelines for our artificial intelligence virtual assistant, Mixie (the “Chatbot”), that is provided on our Website. The Chatbot is an automated system powered by Engaige. Please read these terms carefully before engaging with the Chatbot.

B.  Use and Functionality: The Chatbot is designed to answer User questions related to Mixam’s Website, Products, and Services. By using the Chatbot, you understand and agree that:

  • The Chatbot provides information for general informational purposes only.
  • Any information provided to you by the Chatbot is not, and should not be considered to be, advice, and should not be relied upon in that regard.
  • While we strive to provide accurate information through the Chatbot, we cannot guarantee the accuracy and/or completeness of the information provided. The Chatbot may, at times, provide information that is inaccurate or incomplete.
  • The Chatbot has limited capacity and may not be able to answer your question or provide the information that you are seeking.
  • You are responsible for determining if the response provided by the Chatbot applies to you.
  • The responses the Chatbot provides should not be considered as official statements or responses from Mixam, and the Chatbot is not a substitute for directly communicating with Mixam.
  • We may monitor and/or record the discussions you have with the Chatbot for our protection and your protection, and to enhance the quality of the Chatbot and our Products and Services.
  • The Chatbot may collect information you submit to us through the Chatbot and the date and time of your use of the Chatbot and device-related information. Any such data will be handled in accordance with our Privacy Policy and these Terms.
  • If you have violated your responsibilities as set out in these Terms, or at our discretion for any other reason, we may end your Chatbot session without prior notice and delete or otherwise restrict your access to the Chatbot.

C. Your Responsibilities when Using the Chatbot: When you interact with the Chatbot, you may not:

  • Share personal information with the Chatbot that is not useful and/or requested by the Chatbot for handling your assistance request.
  • Ask the Chatbot for the personal or sensitive information of any individual, and you will not provide any sensitive personal information to the Chatbot.
  • Provide the Chatbot with your login information, PINs, or any other confidential information.
  • Submit, send, post, or publish any material through the Chatbot that violates the General Rules of Conduct set forth in these Terms.

D. Disclaimer; Limitation of Liability: TO THE FULLEST EXTENT PERISSIBLE BY APPLICABLE LAW, MIXAM DISCLAIMS ALL LIABILITY FOR ANY ACTIONS, LOSSES, OR DAMAGES, RESULTING FROM YOUR USE OF THE CHATBOT, AND ASSUMES NO RESPONSIBILITY OR GUARANTEE FOR THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE CHATBOT. If you do not agree with this disclaimer and limitation of liability, please do not use the Chatbot.

ARTICLE 16 - PRINTLINK-SPECIFIC TERMS

A.  General: The Services includes PrintLink, a print-on-demand service which allows a User to become a publisher ("Publisher") and self-publish a book containing User-Submitted Content (“Publication”) on the Website. Upon adding a Publication to PrintLink, we will generate a unique link specific to that Publication (“Publication Link”), which the Publisher can access through the Publications subtab in their Account. The Publication Link resolves to a landing page on the Website dedicated to that Publication (“Publication Page”) and facilitates direct sales to the Publisher’s customers (“PL Customers”). 

Publisher may provide the Publication Link to the PL Customers by any suitable form of communication, subject to Publisher’s compliance with the endorsement guideline disclosures set forth by the Federal Trade Commission (“FTC”) and the Terms. Publisher is solely responsible for ensuring that the Publication Link is operable and set up correctly when using it. Mixam is not responsible for a Publisher not receiving commission payments due to Publisher failing to confirm the operability of a Publication Link, or incorrectly formatting or configuring the same. 

Publisher may use the Publication Link to direct PL Customers to the Website/Publication Page and use (subject to the restrictions set forth herein) Mixam’s trademarks and the Mixam Content in connection with promoting sales of the Publication via the Publication Page. However, Publisher must correctly attribute all Mixam Content/Work Product and trademarks to us. Publisher may not use any means to create the impression that Publisher’s communications/social media/website/platform are Mixam’s, including without limitation, framing our Website in any manner. Publisher may also not use Mixam’s Content/Work Product and trademarks i) in connection with activities, products, or services that are not ours; ii) in a manner that may be confusing, misleading or deceptive; and iii) in a manner that disparages Mixam, or the Products and Services.

Mixam may enable a Publisher to integrate PrintLink with Publisher’s store on third party platforms such as Shopify (each an “Integration”) to transmit orders to Mixam from PL Customers for fulfillment. Mixam is in no way affiliated with any Integration and is not responsible for any changes to, or the unavailability of, any Integration that interferes with PrintLink (including any limitations or restrictions on Publisher’s ability to use an Integration to transmit orders to Mixam), or Publisher’s ability to log into an Integration, or receive notices from or communicate with Mixam through an Integration. It is a Publisher’s responsibility to configure their/its Mixam and Integration accounts as appropriate to comply with the Terms, allow Publications to be purchased through the Integration, and enable exchange of order information/communications between Mixam and the Integration.

Publisher may modify certain aspects of and/or remove a Publication/Publication Page from the Website at any time, but Mixam will fulfill any orders accordingly that were completed prior to such modification/removal. The Publication Link will not be affected by any modifications made to the Publication or Publication Page.

B.  Commissions: Publisher will receive a commission for each copy of the Publication sold via the Publication Page (in the amount configured in the Publication listing). There are no minimum sales requirements to use PrintLink and no limits on the amount of commissions a Publisher can earn. 

When creating the Publication listing, the Publisher will configure the pricing strategy, including selecting whether to list the Publication at production cost or include a fixed/percentage markup. The pricing strategy Publisher designates for each Publication is used to calculate what commissions they may be entitled to receive for each sale. Publisher may change the pricing strategy for a Publication at any time. However, any commissions a Publisher is entitled to for a sale will be calculated using the pricing strategy in effect at the time that sale was completed.

Mixam will pay Publisher commissions within the first two weeks of each month following the month the qualifying sale occurs. Payments are made on an automatic monthly basis through our third-party payment processor and deposited directly into a Publisher’s bank account (banking information to be provided by Publisher). Publishers can track sales to PL customers and the commissions they have earned through the Sales subtab in their Account. 

For PrintLink orders received directly from a PL Customer (not via an Integration), we will collect from the PL Customer any sales tax due for such purchases and remit them to the appropriate taxation authorities. However, Publisher is responsible for paying any income or other taxes owed based on the commissions received. Publisher agrees to provide Mixam and/or its third-party payment processors with all required tax information and documentation. To the extent Mixam pays a Publisher $600 or more in commissions in a calendar year, Mixam will make a 1099 or other appropriate tax document available to the Publisher in their Account.

C.  Limitations: 

  • Publisher and PL Customer are bound by the same time limits set forth above in Article 6 regarding notifying Mixam of order issues.
  • We do not guarantee the availability of any particular URL for the Publication Link, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any Publication Page to a different URL. We will notify Publisher if any such suspension, termination, or transfer has occurred.
  • Mixam, in its sole discretion, reserves the right to suspend, terminate, and/or issue a strike against the Account of any Publisher, remove a Publication from the Website, and void/forfeit commissions earned through activity that violates the Terms (including Publisher’s repeated failure to provide banking or tax information). We will endeavor to work with a Publisher prior to instituting a suspension, termination, or voiding commissions. However, we reserve the right to stop any violator from using PrintLink and void commission earnings without prior notice, and on the first occurrence of such prohibited behavior.
  • In the event that the PL Customer’s order is canceled, returned, or refunded for any reason (including via a chargeback), we will deduct the order amount from Publisher’s accrued commission earnings. If a refund is made on an order after we have already paid a Publisher a commission on that order, we will deduct the refund amount from any future commissions Publisher earns through PrintLink. Any such deductions will be noted in the Sale subtab.
  • Commission payments earned are personal to each Publisher and may not be sold, transferred, assigned to, or shared with, any other Publisher and/or any third parties.
  • To the extent an Account belonging to a Publisher is deactivated, any remaining  accumulated commission payments for that Publisher will be paid out as set forth above.

D.  Termination: Ceasing to use PrintLink will not relieve Publisher of any liability arising from any breach of these Terms occurring prior to such termination. Immediately upon Publisher ceasing to use PrintLink, all licenses granted to Publisher hereunder shall immediately terminate, and Publisher must immediately cease i) using, and remove, the Publication Link or any other links to the Website, and ii) using any Mixam Content and trademarks belonging to Mixam to promote their Publication.

ARTICLE 17 - MAILING LIST-SPECIFIC TERMS

A.  General: In connection with an order, you may submit to Mixam a list of recipients you want your printed items delivered to (a “Mailing List”). Mixam will then fulfill your order and mail your printed items to the recipients on your Mailing List.

B. Confidentiality: Mixam agrees to maintain the confidentiality, safekeeping, and protection of the information contained in a User’s Mailing List. The Mailing List is the exclusive property of the User and shall be used only in accordance with the User’s instructions, and in connection with the Services. It is the User’s responsibility to maintain a duplicate copy of the Mailing List, and Mixam assumes no responsibility for replacement (or reprocessing) of the Mailing List in the event of loss while in Mixam’s possession. We will not sell a User’s Mailing List, and will only share it with those individuals who need access to it (including our suppliers and vendors) to provide the Services to that User.

C.  Limitations: 

  • Direct Mail: Email us at team@mixam.com to discuss placing a direct mail order. Mixam may, in its sole discretion, decline to accept direct mail orders for any reason, including due to print quantity, Mailing List format, number of addressees, and complexity of mailing requirements.
  • Additional Charges: We process orders that have a Mailing List as bespoke orders, and you will incur a Mailing List fee and/or additional charges based on factors such as the number of recipients and their location, the cost of postage, and applicable taxes.
  • Compliance with Applicable Laws: By submitting a Mailing List to Mixam, you warrant and represent to us that you are in compliance with all applicable laws, including those relating to data privacy, drop shipping, and direct mail marketing.
  • Circumstances Causing Inability to Track Delivery: When placing an order with a Mailing List, the User may have the ability to select whether a tracked or non-tracked service should be used to mail their printed items. To the extent a non-tracked service is used, once the order is printed and tendered to a carrier, Mixam will have no ability to track the mailings and confirm delivery to individual recipients.
  • Mailing List Accuracy: It is a User’s responsibility to ensure the information in the Mailing List is accurate and complete, and provide adequate delivery instructions. While Mixam and its fulfillment vendors will endeavor to confirm the validity of the data in the Mailing List, we are not responsible for undeliverable or returned mailings resulting from errors or inaccuracies in the Mailing List. We are also not responsible for a recipient failing to collect your printed item(s) after delivery. 
  • Packaging:  You may have the ability to select a packaging type for your Mailing List order (ex: envelope/polybag/carton). Mixam is not responsible for any damage to an order during shipment resulting from the nature of the packaging type you select.
ARTICLE 18 - REWARDS PROGRAM-SPECIFIC TERMS

A.  General: Mixam’s Rewards Program (the “Rewards Program”) is a customer rewards program provided by Mixam and managed by or through Open Loyalty sp. z o.o. (“Open Loyalty”) and/or Tremendous, LLC (“Tremendous”). The Rewards Program provides an eligible User (“Participant”) with the oppo⁸rtunity to earn points (“Points”) on valid purchases that are applied to the Participant’s Account. Points can be redeemed as set forth herein. By participating in the Rewards Program, a Participant agrees to comply with the Terms (including this Article 18), Open Loyalty’s Terms, and Tremendous’ Recipient Terms of Service. Participants can track and redeem their Points through the My Rewards subtab in their Account.

B. Eligibility requirements: Valid User Accounts on the Website are automatically enrolled in the Rewards Program without any Points in their balance. Participants in Mixam’s Reseller Program will be assigned a tier based on their purchase activity in the last twelve (12) months (“Tier”).

C. Earning Points: Participants earn Points in the following ways: 

  • Website Purchases: Participants earn Points on every eligible purchase made on the Website. The amount of Points a Participant earns is based on the Participant’s Tier level and the products in their order. Points earned on an eligible order will be added to a Participant’s Account after fourteen (14) days has elapsed from order being shipped.
  • Promotional Points Offers: From time to time, we may offer Participants opportunities to earn additional Points through promotions. Promotional Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the offer. 
  • Partnership Programs: We may also allow Participants to earn Points by participating in programs offered by our business partners. Mixam does not operate, and is not responsible for these programs, which may have separate and additional terms. Determinations of eligibility are made in Mixam and its partners’ sole discretion.  

D. Redeeming Points: Participants can redeem Points in the following ways:

  • Website: Points can be redeemed for a discount in a Participant’s cart at checkout on the Website. Website redemption options are offered as described in the Website and are subject to change at any time. Points will only be deducted from an Account once payment is processed.
  • Gift Card: A Participant that accrues the equivalent of $5 or more in Points may redeem the Points as a gift card via Tremendous.

E. Limitations:  

  • Points are not earned on purchases of sample packs or purchases made by a guest. 
  • Points are not earned on portions of an order paid for with promotional store credit. Points may be earned on portions of an order paid for with store credit issued as a result of a return or refund on a prior order (where applicable Points on the prior order were deducted).
  • Points are 365 days from the day they are earned and expire thereafter..
  • Gift Cards:
    • Questions regarding gift card redemption and use should be directed to Tremendous. 
    • Gift card expiration varies by product selection. If a Participant’s gift card is not used before its expiration date, Mixam will not return redeemed Points or provide any other compensation to the Participant. 
    • Participants are solely responsible for providing full and accurate email address information for delivery of gift cards. Neither Mixam nor Tremendous is responsible for gift cards that are not received due to the input of incorrect or incomplete delivery information.
  • In the event that a Participant's order is canceled, returned, or refunded for any reason (including via a chargeback), we will deduct the applicable Points from the Participant's Account (potentially resulting in a negative Point balance). Any such deductions will be noted in the My Rewards subtab. 
  • Points and gift cards are non-transferable, non-exchangeable, and may not be substituted or combined with other promotions offered by Mixam, unless explicitly stated by Mixam.
  • Mixam may, in its sole discretion, discontinue the Rewards Program and/or suspend or remove a Participant from the Rewards Program at any time, including based on a suspected or actual violation of these Terms. Any Points remaining in an Account at the time the Rewards Program is discontinued, or you are removed from the Rewards Program, are void and forfeited without compensation.
  • Participants are responsible for the payment of any taxes which may result from participation in the Rewards Program and redeeming Points.
  • The Rewards Program is subject to all applicable laws and regulations and void where prohibited.

F. Subprocessors for Rewards Program: Mixam uses Open Loyalty and Tremendous in connection with administering the Rewards Program: 

ARTICLE 19 - ACCESSIBILITY

We believe our Website should be available to everyone, regardless of their ability. We aim to conform the Website to the guidelines set forth in the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) version 2.1, at the AA level where possible and reasonable. 

Despite our efforts, some limitations may exist on our Website due to such things as legacy content, third-party integrations/content, and technical constraints. We recommend using the latest versions of popular web browsers to access our Website and turning on your browser’s accessibility features.

If you have questions, comments, or experience any accessibility issue with our Website, please email us at team@mixam.com  with “Accessibility” in the subject line and provide a detailed description of the question/comment/issue. Alternatively, you may contact our Customer Care team by telephone as set forth below. Please note that any information you submit to us will be handled in accordance with our Privacy Policy and these Terms.

ARTICLE 20 - MISCELLANEOUS

A.  Choice of Law: These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regards to its conflict of law provisions.

B.  Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of these Terms shall continue to be enforceable. 

C.  No Waiver: Mixam’s failure to enforce or exercise any right or provision of these Terms is not a waiver of such right or provision, or of Mixam’s right to subsequently enforce any such right or provision.

D.  Entire Agreement: This is the entire agreement between Mixam and you  relating to your use of the Website, Products, and Services, and supersedes any and all prior or contemporaneous written or oral agreements between Mixam and you with respect to your use of the Website, Products, and Services.

E.  Right to Assign: These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Mixam may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

F.  Contact Information: If you have any questions or comments regarding these Terms, please contact us:

  • Mixam, Inc
  • 1 N Wacker Dr, Suite 2410, Chicago, IL, 60606
  • team@mixam.com
  • +1 888-510-1456 (M-F: 24-Hour Service; Sat. - Sunday: 6am to 1pm EST).
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