Terms and Conditions

1. Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.mixandmatchofficial.com and any affiliated domains that redirect or link to this Agreement (the “Site”) by all visitors to the Site. As such, these Terms of Use constitute a binding agreement between you, as a user of the Site (“you” or “user”), and the operator of the Site, as well as (collectively referred to as “MIXANDMATCHOFFICIAL,” “us,” “we,” or “our”). By using the Site, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Site. Please know that these Terms of Use do not create a confidential relationship between you and us.

 

2. Product Information, Accuracy, and Delivery

Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. All information provided on the Site is provided in English and all pricing information is provided in Ringgit Malaysia. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice prior to completion of a purchase. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order, confirmation of an offer to sell a product or service, or the availability of a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Additionally, we may refund a purchase if a product becomes unavailable after purchase. We also may require verification of information prior to the acceptance and/or shipment of any order.

Delivery Limitations. When an order is placed and is ready for shipment, it will be shipped to an address designated by the purchaser as long as that Delivery address is compliant with the Delivery restrictions contained on this Site. All purchases from this Site are made pursuant to a delivery contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost deliveries.

 

3. Ownership & License

3.1 You understand and agree that the Site is owned by mixndmatchofficial, and that you shall have
no ownership right, title, or interest in and to the Site or any of the software / source code or intellectual property on which the Site is based. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or on the Site. Furthermore, you agree not to circumvent, reverse engineer, or modify, any of the technical controls, protections, or components of the Site.

3.2 You understand and agree that the marks, names, slogans, and/or logos (“Marks”) and content appearing in or on the Site are the sole and exclusive property of MIXANDMATCHOFFICIAL, or our partners or licensors. You have no right to use any such Marks or content without the prior written consent of mixandmatchoffical or the partner or licensor that owns the relevant Mark or content.

3.3 MIXANDMATCHOFFICIAL grants you, as a user of the Site, a personal, limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to use the Site (i) solely in accordance with these Terms of Use and (ii) in the ordinary manner in which it was designed to be used. Any other use of the Site is prohibited.

 

4. Use of and Comments to Material

4.1 If you disagree with any material you find on the Site, we recommend that you respond by
noting your disagreement in an appropriate Site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting us info@mixandmatchofficial.com.

4.2 The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. As discussed more completely in the Disclaimer of Warranties section of this Agreement, MIXANDMATCHOFFICIAL and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.

 

5. User Generated Content

From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”). In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant MIXANDMATCHOFFICIAL, MIXANDMATCHOFFICIAL’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, “MIXANDMATCHOFFICIAL Parties”) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the MIXANDMATCHOFFICIAL Parties may or may not earn or generate through its use of your Submission.

MIXANDMATCHOFFICIAL Parties’ Right to Use Your Submission. You grant the MIXANDMATCHOFFICIAL Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the MIXANDMATCHOFFICIAL Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the MIXANDMATCHOFFICIAL Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.
Clearance of Your Submission for the MIXANDMATCHOFFICIAL Parties’ Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the MIXANDMATCHOFFICIAL Parties’ use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the MIXANDMATCHOFFICIAL Parties’ use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the miaxnadmatchofficial Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the MIXANDMATCHOFFICIAL Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the MIXANDMATCHOFFICIAL Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.

 

6. Community and Social Media Sites, Chat Rooms, Forums, and Blogs

6.1 MIXANDMATCHOFFICIAL wants to encourage an open exchange of information and ideas
through the Site, but we cannot and do not review every posting made on MIXANDMATCHOFFICIAL community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than MIXANDMATCHOFFICIAL. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

6.2 Responsibility for what is posted on MIXANDMATCHOFFICIAL community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user. You alone are responsible for material you post. MIXANDMATCHOFFICIALo does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

6.3 By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
6.3.1 Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
6.3.2 Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
6.3.3 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts, or involves alcohol, gambling, tobacco or drug use;
6.3.4 Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
6.3.5 Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
6.3.6 Impersonates any person, business or entity, including MIXANDMATCHOFFICIAL and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including MIXANDMATCHOFFICIAL;
6.3.7 Contains an advertisement or solicitation or encourages others to make a donation;
6.3.8 Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
6.3.9 Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
6.3.10 Results in the posting or transmission of any message anonymously or under a false name;
6.3.11 Permits any person to access, using your account, any features of the Site that may require registration;
6.3.12 Results in a single message being posted to more than five areas of the Site or affiliated websites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
6.3.13 Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

6.4 Although MIXANDMATCHOFFICIAL cannot monitor all content on MIXANDMATCHOFFICIAL community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that MIXANDMATCHOFFICIAL shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by  MIXANDMATCHOFFICIAL from time to time. MIXANDMATCHOFFICIAL shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither MIXANDMATCHOFFICIAL nor any of its affiliates shall assume or have any liability for any action or inaction by MIXANDMATCHOFFICIAL with respect to any conduct within the Site or any communication or posting on the Site. MIXANDMATCHOFFICIAL also reserves the right to disclose any information that MIXANDMATCHOFFICIAL believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

6.5 MIXANDMATCHOFFICIAL requires you not to use the Site to violate anyone’s copyright,
trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

 

7. Our Use of Materials

7.1 With the exception of any and all Submissions (MIXANDMATCHOFFICIAL permitted use of
which is discussed above) and any material posted on MIXANDMATCHOFFICIAL community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of MIXANDMATCHOFFICIAL and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on MIXANDMATCHOFFICIAL community and social media sites, you are granting to MIXANDMATCHOFFICIAL, and to anyone authorized by MIXANDMATCHOFFICIAL, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on MIXANDMATCHOFFICIAL community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant MIXANDMATCHOFFICIAL, and anyone authorized by MIXANDMATCHOFFICIAL, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as MIXANDMATCHOFFICIAL deems appropriate.

7.2 The materials available through the Site are the property of MIXANDMATCHOFFICIAL or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the Site, and to tell them how to find it.

 

8. Linking

We welcome links to the Site. You are usually free to establish a hypertext link to any publicly
available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by MIXANDMATCHOFFICIAL. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

 

9. No Soliciting or Spamming

9.1 You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or
services, nor to solicit anyone to make donations of any kind, without our express written approval.

9.2 From time to time, users post their email addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these email addresses for commercial or illegal purposes, such as sending unsolicited or unrequested email or instant messages.

 

10. No Framing

Without the prior written permission of MIXANDMATCHOFFICIAL, you may not frame, or make it
appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, MIXANDMATCHOFFICIAL or any of their licensors into another website or other service.

 

11. Trademarks & Other Intellectual Property

We don’t want anyone to be confused as to which materials and services are provided by
MIXANDMATCHOFFICIAL and which are not. You may not use any trademark, service mark, copyright-protected image, or other intellectual property appearing on or available through the Site without the prior written consent of the owner.

 

12. Disclaimer of Warranties

12. 1 THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES
WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, MIXANDMATCHOFFICIAL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE AS WELL AS CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

13. Limitation of Liability

We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL MIXANDMATCHOFFICIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF MIXANDMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

 

14. Access and Interference

14.1 Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:
14.1 .1 Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
14.1.2 Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
14.1.3 Implement any manual processes to monitor or copy content from the Site without express written permission.
14.1.4 Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.

 

15. Termination

15.1 MIXANDMATCHOFFICIAL reserves the right, in its sole discretion, to terminate your access
and any rights granted herein, as well as to remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to the Site, or a breach of any of these Terms of Use or any additional terms, policies, or rules available in or on the Site. MIXANDMATCHOFFICIAL failure to take, or delay in taking, any such actions shall not constitute a waiver of its rights to enforce such terms.

15.2 In addition, we have the right, in our sole, exclusive, and complete discretion, to remove any content if we have reason to believe that posting, displaying, or otherwise using such content may infringe the intellectual property rights of a third party, subject us to expense or liability, or injure and/or impair our reputation and/or goodwill.

 

16. Remedies

Your access and use privileges of this Site and its content are conditioned upon your adherence to
these Terms of Use. As stated above, MIXANDMATCHOFFICIAL has the right to deny you access and use of this Site and its content if you violate (as MIXANDMATCHOFFICIAL may determine in its sole and absolute discretion) any provision of these Terms of Use. MIXANDMATCHOFFICIAL reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold MIXANDMATCHOFFICIAL and its Representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, this Site or any of its content in a manner other than as expressly authorized by these Terms of Use, your breach of these Terms of Use or your violation of applicable laws or any third party rights.

 

17. Links to Other Websites

MIXANDMATCHOFFICIAL is not responsible or liable for any content presented by or contained on
any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party websites. Third party websites that are accessed through links on our websites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information. Additionally, MIXANDMATCHOFFICIAL is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by MIXANDMATCHOFFICIAL or its licensors.

 

18. Updates to the Terms of Use

MIXANDMATCHOFFICIAL reserves the right to amend these Terms of Use at any time in order to
meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers, distributor partners, and service providers.

 

19. Choice of Law

All issues and questions concerning the construction, validity, interpretation and enforceability of
these Terms of Use, or the rights and obligations of the you or MIXANDMATCHOFFICIAL in connection with the Site, shall be governed by, and construed in accordance with, the substantive laws of Malaysia without regard to conflicts of law principles.

 

20. Entire Agreement

These Terms of Use contain the entire agreement between you and us regarding the use of the Site
and its content and supersede any and all other agreements between us with respect to matters in these Terms of Use.

 

21. Assignment of the Agreement

We may assign these Terms of Use, in whole or in part, at any time with or without notice to you.
You may not assign these Terms of Use, or any part of these Terms of Use, to any other party. Any
attempt by you to do so is void.

 

22. Other

22.1 No waiver of any provisions in these Terms of Use shall be deemed a further or continuing
waiver of such provision or any other provision.

22.2 Additionally, if any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions.
22.3 MIXANDMATCHOFFICIAL enters into this Agreement on its own behalf and on behalf of each of its affiliates. Accordingly, MIXANDMATCHOFFICIAL holds the benefit of and may enforce this Agreement on behalf of those affiliates. MIXANDMATCHOFFICIAL reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement. Please contact MIXANDMATCHOFFICIAL at info@mixandmatchofficial.com with any questions.

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