Terms of Service (TOS) MIX Market

TERMS OF SERVICE

Last updated October 1, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE. Microfinance Information Exchange, Inc. and the MIX Market (collectively, “MIX”) reserve the right to amend, remove, or add to these terms and conditions at any time by posting new terms and conditions on this page. Such modifications shall be effective immediately and shall apply to any information you provide, or your use of the Service, after such modification. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by MIX and shall be of no force or effect.

By using the MIX web sites, you agree to the terms of our Privacy Policy, which is incorporated by reference.

1.  User Consent to Terms and Conditions of Service. You represent that you (a) have read and agree to be bound by the terms and conditions of service (“TOS”) for www.mixmarket.org or any successor site; (b) you have the power and authority to enter into this agreement; and (c) you are at least eighteen (18) years old; You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.

2.  Copyright, Trademarks and other Intellectual Property Rights.

(a) Copyright and other Intellectual Property Rights. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by MIX and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of MIX and such others. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and MIX, at all times be and remain the sole and exclusive property of MIX and/or its licensors or affiliates. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to MIX and/or its licensors and affiliates for its exclusive use. Except as specifically permitted herein, you shall not use MIX’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without MIX’ s prior written approval. Notwithstanding the foregoing, the MIX Taxonomy is covered by the Design Science License, a copy of which may be found HERE. Within the Design Science License, “Work” shall mean the MIX Taxonomy and “Author” shall mean the Microfinance Information Exchange, Inc. (MIX).

(b) Trademarks. MIX MARKET™,  MIX™, MBB™ are trademarks and service marks of The Microfinance Information Exchange (collectively, “MIX Marks”). All rights in the MIX Marks are reserved except to the extent permitted under paragraph 7 below. You may not use MIX’s name or the MIX Marks in any manner which creates the impression that such names and marks belong to you, are associated with you or are use with MIX’s consent. You may not use any meta tags or any other “hidden text” utilizing MIX’s name or the MIX Marks without MIX’s express written consent. Other trademarks, product names, company names and logos appearing on this Web site are the property of their respective owners. You must obtain permission from these owners before copying or using their trademarks, product names, company names or logos.

(c) User-Provided Content. You grant to MIX the non-exclusive right to use any information or data, numeric or otherwise, that you submit to MIX in connection with the Service or MIX activities. You will continue to own any content that you provide to MIX; however, you agree that MIX will own any compilation of your content, used in conjunction with other users’ content. You are solely responsible for the content that you provide to MIX, including the content of any messages or information posted by you, or for the content of any information accessible via direct or indirect hyperlinks from the MIX Web site. However, MIX retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete content you provide that MIX deems to be illegal, offensive or otherwise inappropriate. Except as otherwise permitted in the TOS, you may not input or distribute any material through the MIX Web site that is promotional in nature, including solicitations for funds or businesses without MIX’s prior written authorization.

3.  Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the MIX Web site or any data or content found on the site. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of MIX.

If you become aware of any unauthorized access or use of the Service or any violations of the TOS, please notify MIX by submitting feedback or writing to legal [at] mixmarket [dot] org.

4.  Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, DECOMPILE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT MIX’ S PRIOR WRITTEN CONSENT. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MIX. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

5.  Display of Your Data.  Data you provide to MIX will be displayed on the  MIX Market or other MIX site for display of microfinance data unless it is provided pursuant to a Third Party Arrangement, in which case Paragraph 6 will apply.

6.  Third Party Arrangements. If you are providing MIX with data solely for purposes of an arrangement you have with a third party (a “Third Party Arrangement”), MIX agrees that it will disclose your data only to such third party and to any other party you may explicitly authorize in writing,including by e-mail, via a website, or through any other means that MIX makes available to register your consent.

7.  License. MIX grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service and materials contained within the Service, subject to and in accordance with the TOS. Should you choose to download or print content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by MIX ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

8.  Member Registration and Account Creation. As part of the account creation process necessary to obtain access to certain portions of the Service, you will select a username and a password. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service. MIX reserves the right to deny creation of your account based on MIX’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You are fully responsible for all usage or activity or content provided through your MIX account, including but not limited to use by any third party authorized by you to use your account. You shall immediately notify MIX by submitting feedback or contacting legal [at] mixmarket [dot] org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Notwithstanding anything else herein, MIX reserves the right to pursue any and all claims against any user of your account.

MIX reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days.

9.  Linking and Framing. You may include a link(s) on your Web site to the www.mixmarket.org home page, currently located at http://www.mixmarket.org (“Home Page”). You may not link to www.mixmarket.org any site containing profane, defamatory, infringing or otherwise inappropriate or unlawful material or information. You may not link to an internal or subsidiary page of this Web site that is located one or several levels down from the Home Page (“deep linking”), or bring up or present content on this Web site within another Web site (“framing”) without prior written approval from MIX.

10.  NO WARRANTIES. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and “AS AVAILABLE,” and that MIX makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. MIX does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. MIX is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service.

You agree that MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns arising in connection with the Service including lost profits to MIX; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by MIX. MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns are therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service.

For your convenience, MIX may provide links to other Web sites operated by independent third-party entities. The inclusion of any such links does not constitute MIX’s endorsement of such Web sites, or the content, services or operators of such Web sites. MIX also disclaims any responsibility for the products or services offered or the information contained on these Web sites.

11.  Disclaimer and Limitation of Liability. You acknowledge that: (i) the Service is provided for informational and educational purposes only and is not intended for trading purposes, and that MIX does not act as a financial, legal or other advisor; (ii) the Service includes information taken from stock and other exchanges from around the world, including the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources; (iii) MIX does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which MIX is a party. Accordingly, anything to the contrary herein set forth notwithstanding, MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MIX, ITS OFFICERS, EMPLOYEES, GENERAL PARTNERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF MIX HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PARTY OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, MIX’S AND ITS AFFILIATES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MIX’S AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $50, WHICHEVER AMOUNT IS LOWER.

12.  Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, against any claim, suit, action or other proceeding, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use of the Service in violation of the TOS; (ii) your infringement, misappropriation or other violation of any Intellectual Property Right of any third party, any right of personality or publicity, or any duty of confidentiality owed to any third party, including any infringement, misappropriation or other violation arising from your provision of data to MIX, or MIX’s use of such data, hereunder; (iii) any content provided by you; (iv) any misrepresentation or breach of representation or warranty made by you contained herein; or (v) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from the foregoing. MIX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MIX in asserting any available defense. You acknowledge and agree to pay MIX’s reasonable attorney fees incurred in connection with any and all lawsuits brought against you by MIX under the TOS and any other terms and conditions of service on www.mixmarket.org or any successor site, in which MIX prevails, including without limitation, lawsuits arising from your failure to indemnify MIX pursuant to the TOS.

13.  Termination. Either you or MIX may terminate the Service with or without cause at any time and effective immediately. MIX may discontinue or modify the Service or Web site, or its availability to you, at any time. You may terminate the Service by discontinuing use of the Service and destroying all materials obtained from the Service. MIX may block your access to the Service or Web site if, in MIX’s sole discretion, you fail to comply with any provision of the TOS. Upon termination by you or MIX, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections 2, 10, 11, 12, 14, 16, 17, 18, and 19 shall survive any termination of the TOS.

14.  Governing Law. The TOS shall be governed and construed in accordance with the laws of the District of Columbia, United States of America, without giving effect to conflicts-of-law principles thereof that might lead to the application of the law of another jurisdiction. Any legal action, suit or proceeding arising out of or relating to the TOS, or your use of the Services, will be instituted exclusively in the state or federal courts located in Washington, D.C. You agree to submit to the personal jurisdiction and venue of the state and federal courts located in Washington, D.C. with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

15.  United States’ Export Control & Foreign Asset Control Regulations. This Web site is controlled and operated by MIX from its offices within the United States. MIX makes not representation that the products, services and other materials available through this Web site are appropriate or available for use in any particular location. Access to these products, services and materials from countries where their content or use is illegal is strictly prohibited. Software from the Service is subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not i) located in or a national or resident of any such country or ii) on any such list or acting on behalf of any person or entity on any such list.

16.  Waiver. The failure of MIX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. No waiver by MIX of any right under the TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

17.  Headings. The section titles in the TOS are used solely for the convenience of you and MIX and have no legal or contractual significance.

18.  Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

19.  Entire Agreement. The TOS and any other terms and conditions of service on www.mixmarket.org, and any successor site, constitute the entire agreement between you and MIX and govern your use of the Service.

 

INQUIRIES REGARDING WWW.MIXMARKET.ORG CONTENT Click here for inquiries regarding www.mixmarket.org content: Click here for the MIX MARKET Home page

INQUIRIES REGARDING INTELLECTUAL PROPERTY ISSUES

1. General Inquiries: Please send general inquiries regarding intellectual property issues to legal [at] mixmarket [dot] org or to: Microfinance Information Exchange, Inc (MIX) 1901 Pennsylvania Avenue NW, Suite 307 Washington DC 20006 U.S.A.

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Marten Leijon, Microfinance Information Exchange, Inc (MIX), 1901 Pennsylvania Avenue NW, Suite 307, Washington DC 20006, U.S.A., Tel: +1 (202) 659-9094 , Fax: +1 (202) 659-9095, Email: legal [at] mixmarket [dot] org.