how it works

1. Acknowledgment and acceptance of terms

By using this site, you are deemed to have agreed to these terms and conditions of use. You agree that you are 18 years of age or older. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. If, at any time, you decide not to accept these terms and conditions of use, please do not use this site and let us know of your decision at admin@mixpool.com.

2. Restrictions on use of materials

The contents of our website are protected by copyright and trademark laws and are the property of MixPool, Inc. You may access the materials located within the website only for your personal use. However, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website unless you receive prior written consent from us.

3. Links

These terms and conditions apply only to the website and not to the website of any other companies or organizations, including those to which our website may link. We are not responsible for the availability of any other site to which our website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

4. No personal or medical advice

The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical and behavioral specialists. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action or application of medical or behavioral therapies. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

5. Disclaimers

THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE WEBSITE.

7. Indemnity

You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

8. Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in New York. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions or by a writing signed by both parties.

1. Acknowledgment and acceptance of terms

MixPool, Inc. is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing this website, you acknowledge and fully understand MixPool, Inc.'s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.

2. Participating Merchant Policies

Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in MixPool, Inc. services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

3. Information We Collect and How We Use It

MixPool, Inc. collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.

a.Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include: Your Internet protocol address. The kind of browser or computer you use. Number of links you click within the site. State or country from which you accessed the site. Date and time of your visit. Name of your Internet service provider. Web page you linked to our site from. Pages you viewed on the site.

b. Use of Cookies

MixPool, Inc. may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.

MixPool, Inc. reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings, then be aware that this may disable some of the functionality on our Website.

c.Personal Information Users

Visitors to our website may register to receive services such as updates, advanced notices, and newsletters. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, and other relevant information. We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

To fulfill your service requests for services.
To protect ourselves from liability,
To respond to legal process or comply with law, or
In connection with a merger, acquisition, or liquidation of the company.

4. Information you disclose on your Friends list, Avoid list and Seek list.

MixPool, Inc. will save and store this information for long as it needs to. Under no circumstances will it provide this information to any third party, including other users. However, it may be possible for other users to infer this information with varying degrees of probability from the pattern of people a user is grouped with.

5. Information you disclose through what you have said in your conversations in the Decision Room.

MixPool, Inc. will store and save this information as long as it needs to. Under no circumstances will it share information about who has said what with any other users or any third party. Obviously, other participants in a conversation have access to that information and MixPool, Inc. has no control over who they may share this information with. Users are strongly urged not to say anything in a conversation in a decision room which may compromise them. MixPool, Inc. reserves the right to mine conversations and make the results available to third parties. Please be advised that by using MixPool.com you have agreed that this information is the sole property of MixPool, Inc.

6. Information you disclose in your MixPool profiles.

MixPool, Inc. will save and store this information as long as it needs to. It will not disclose this information to any non-user of MixPool.com. MixPool, Inc. reserves the right to send users promotional material such as discount offers from merchants based on this and other information about users that MixPool, Inc. has access to.

7. Changes to this Statement

MixPool, Inc. has the discretion to occasionally update this privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

5. Contacting Us

If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at privacy@mixpool.com.

Q1. How is MixPool different from Facebook?

A1. Facebook's primary purpose is to enable on-line relationships and on-line interactions although it also supports real life events. MixPool's primary purpose is to enable the creation of real-life events.

Q2. How are MixPool events different from Facebook events?

A2. Facebook events require someone to initiate and organize them and they are most often large and impersonal gatherings. MixPool events don't need to be organized or initiated by any one and no one has to invite any one. MixPool creates groups of people interested in getting together with each other. Each such group creates a (micro) event just for the group members.

Q. I see that someone has added me to their friend list. How do I confirm or accept their friendship?

A. There is no explicit act of confirming or accepting someone as a friend in MixPool. If you also add them to your friends list then you are implicitly accepting their friendship.

Q. What happens if someone adds me to their friends list and I don't add them to my friends list?

A. Then the two of you are not treated as friends in forming groups.

Q. Will I be grouped only with people on my friend list?

A. Generally, yes. Occasionally, we may put a friend of your friend in the group so long as the common friend is also in the group. For example, Chandler is on your friends list but Monica is not. We may group you with Monica so long as Chandler is also included in the group. But MixPool will do that only if Monica is not also on your Avoid list.

Q. What does it mean when I add someone to my Avoid list?

A. It means MixPool will not group you with that person so long as they are on your Avoid list.

Q. If I put someone on my Avoid list, will they be informed of this?

A. No.

Q. Can someone be on my Friends list as well as my Avoid list (at the same time)?

A. Yes.

Q. What does it mean when I add someone to my Seek list?

A. It means that in creating groups MixPool will try to include people on your seek list. However, we cannot guarantee that you will be included in a group with any specific person on your Seek list. This can happen for a number of reasons: you may be on their Avoid list; they may be grouped with someone on their Seek list, and so on.

Q. If I add someone to my Seek list, will they be informed of this?

A. No.

Q. How many days in advance can I mix in (for an activity)?

A. Seven days (with the exception of during our launch period).

Q. What is the latest I can mix in for an activity?

A. Four hours before the activity.

Q. Can MixPool points be redeemed for any goodies?

A. At present they are only for 'status'. However, we are working on an arrangement to give goodies as prizes for reaching certain milestones in acquiring points.