Terms of use


    Welcome to the Ankura, Inc. ("Ankura," "we," "us") MIXM™ web site (the "Web Site"). Please review the following notices and terms of use, which govern your use of the Web Site and downloading or using Ankura's MIXM™ software and services.

    IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE DO NOT CONTINUE YOUR VISIT TO THIS WEB SITE AND DO NOT DOWNLOAD OR USE ANY OF THE MATERIALS IN THE WEB SITE. SPECIFICALLY, DO NOT USE THE ANKURA MIXM™ SOFTWARE OR ANY SERVICE AVAILABLE FROM ANKURA OR THROUGH THE WEB SITE.

    BY DOWNLOADING OR REGISTERING ANKURA MIXM™ SOFTWARE OR USING ANKURA'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND CONSENTED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT ("AGREEMENT").

    1. License: Ankura hereby grants to you a non-exclusive, non-transferable, personal license to use Ankura's MIXM™ software product (the "Software"), and related services ("Services") which Ankura provides, subject to the terms and conditions set forth below. The Software and Services shall collectively be referred to as "Ankura MIXM™". The license to use the Software is limited to use on a single computer. This license will automatically terminate if you violate the terms of this Agreement.

    1.1. In consideration for the license, you agree to: (i) abide by the terms of this Agreement and Ankura's Privacy Policy, and any modifications thereto; (ii) provide true, accurate, and current registration information; and (iii) promptly update your registration information to keep such information true, accurate, and current.


    2. Ankura MIXM: Ankura MIXM™ is intended only for your personal, non-commercial use. It is designed to enable you to compile, track, and "drag and drop" pieces of information selected from publicly available Internet web sites, including links, text, graphics, pictures, music, and other information, and also to copy from other applications found on the Internet or your hard drive. (collectively, "Content"), and place them in individualized workspace(s) ("Workspace(s)") Ankura makes available for your personal use. Ankura MIXM™ enables you to allow other users access to some or all of your Workspaces.


    3. Scope of License and Restrictions:

    3.1. The Ankura MIXM™ Web Site is a general audience web site. Neither ANKURA MIXM™ nor the Content posted on the Ankura MIXM™ Web Site is directed specifically to children. However, Ankura MIXM™ and Web Site are available to persons under the age of 13 only with a verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998. Ankura reserves the right to suspend the Services or access to the Web Site of any user upon learning that the user is under the age of 13 until Ankura has received verified parental consent. Ankura reserves the right to terminate the Services of anyone under the age of 13 whose parent has refused to provide, or has revoked, such consent. In cases where you have authorized a person under the age of 13 to have access to the Web Site and use Ankura MIXM™, you shall be fully responsible for: (i) the online conduct of such user; (ii) controlling the user's access to the Web Site and use of Ankura MIXM™; and (iii) the consequences, if any, of use or misuse of Ankura MIXM™ by such person.

    3.2. You agree that you will use Ankura MIXM™ only for purposes and functions that are legally permitted. You will not use the Workspaces or the Content to: (i) perform any activity that is or is designed to be unlawful, harmful, abusive, tortious, defamatory, libelous, obscene, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; (ii) promote, or incite illegal or dangerous activities, including without limitation the provision of instructions for illegal or dangerous activities; (iii) upload Content or links that exploit the images of children under 18 years of age or that disclose personally identifying information belonging to children under 18 years of age; (iv) perform any activity that will or may infringe on a third party's intellectual property and other rights; (v) upload Content that you do not have a right to make public under the law, or under any contractual or fiduciary duty (such as inside, proprietary, or confidential information); (vi) impersonate or misrepresent an affiliation with another person or entity; (vii) reverse engineer, disassemble, or decompile the Software, except to the extent that this restriction is expressly prohibited by applicable law; (viii) publish, loan, create derivative works, copy, export, sell, license, or otherwise transfer rights to Ankura MIXM™ to third parties; and (ix) use automated processes to retrieve Content and/or user information from our Web Site.

    3.3. The license to use Ankura MIXM™ specifically excludes your right to spam, or upload material that contains software viruses, worms, trojan horses, trap doors, time bombs, or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    3.4. The Services and features offered at our Web Site may be subject to additional specific terms of use posted from time to time on the Web Site and/or terms and conditions of the Internet service provider or host site, in addition to the terms set forth herein. You agree that your continued use of Ankura MIXM™ constitutes your consent to the Terms of Use applicable at the time of your use.


    4. Changes in Ankura MIXM™: We reserve the right, at our sole discretion, to limit, deny, or cancel some or all of the functionality of Ankura MIXM™, without prior notice. We may elect, at our sole discretion, to condition the continuation of this license on your accepting Software improvements, corrections, adaptations, conversions to more recent Software versions, or any other changes to Ankura MIXM™.


    5. Protection of Proprietary Rights, Limited License to Use Ankura MIXM™: You neither own nor acquire ownership in the Software, documentation, or any related patents, copyrights, trademarks, or other intellectual property to which you gain access through Ankura MIXM™. Ankura MIXM™ contains material that is protected by United States Copyright Law, Patent Law, and Trade Secrets Law, and by international copyright and intellectual property treaties and laws. All title to and ownership of intellectual property rights in and to Ankura MIXM™ are owned by or legally licensed to Ankura, and shall remain at all times with us and/or our licensors and suppliers. Nothing in this Agreement shall be deemed as a grant of any ownership right to you. You may not remove any proprietary notice of Ankura from Ankura MIXM™, the Web Site or its related features, or from any proprietary Content to which you gain access by using Ankura MIXM™. UNAUTHORIZED REMOVAL OR ALTERATION OF ANY COPYRIGHT OR TRADEMARK NOTICES FROM ANY CONTENT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW.


    6. Privacy Issues: Ankura's Privacy Policy is incorporated by reference into this Agreement. You are encouraged to read the Privacy Policy before registering for the Software or Service.


    7. Content:

    7.1. Material accessible to you through Ankura MIXM™ may be the subject of intellectual property rights that belong to others, including, without limitation, patents, copyrights, trademarks, and trade secrets. Ankura does not have the right to authorize you to copy, distribute, publicly display, or create derivative works of any Content, information, or materials. PLEASE NOTE THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM COPYRIGHTED MATERIALS OF THIRD PARTIES, WHETHER FOUND ON THE INTERNET OR UPLOADED FROM YOUR HARD DRIVE, IS STRICTLY PROHIBITED.

    7.2. You are solely responsible for the Content you post in the Ankura MIXM™ library or otherwise make available to third parties. By submitting Content on any Workspace, you (i) warrant that you are either the sole owner of such Content or that you have the full right (by virtue of your ownership, by an agreement with the legal owner of the Content, or otherwise) to use such Content and grant the licenses provided for in this Agreement; (ii) warrant that you have the right to make public any Content uploaded from your hard drive, and that posting such Content in the Ankura MIXM™ library or otherwise distributing or making such Content public through the use of the Ankura MIXM™ library, is not in violation of any contractual or fiduciary obligation or any law; (iii) warrant that any Content you submit, or the use of such Content by us or by other users in accordance with the license granted herein, does not and will not infringe on any intellectual property or other rights of any person or is not otherwise unlawful or indecent; (iv) are granting to Ankura a non-exclusive, royalty-free license to copy, store, use, sell, publish, distribute, transfer, or include in any derivative work and file in any database, any Content placed on Workspaces you designate as "public," for any purpose; and (v) are granting other Ankura MIXM™ users the right to use, copy, make derivative works from, or distribute all Content which you designate as "public."

    7.3. Our Web Site is merely a forum for users to author and upload the Content onto the Workspaces they have created. Ankura has no involvement in, and is not responsible for, the creation or posting of any Content in privately kept or publicly maintained Workspaces. The Content and web sites to which you will have access, or the Content which you may use through, or with Ankura MIXM™, and any other information, data, links, products, goods, or services, are created by third parties, and are not prescreened, reviewed, controlled, examined, verified, modified, edited, or endorsed by Ankura in any way. The materials of such Content or other web sites are the sole responsibility of the creator of such Content or web site. Furthermore, we do not verify or endorse the credibility, authenticity, or reliability of the sources of the Content. It is your sole responsibility to determine whether you have the legal rights to rely on, store, link to, browse in, or otherwise make use of any Content or web site to which you obtain access through Ankura MIXM™.

    7.4. If you suspect or know of use of Ankura MIXM™ that infringes your rights, you should notify Ankura immediately in accordance with the process described below. Ankura takes all notices of infringement of intellectual property rights seriously, and will work expeditiously to investigate and resolve all such claims and take all actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notice of infringement that complies with the form below, Ankura will forward the notice to the person(s) who posted the Content on the Web Site, and may, at its sole discretion, remove or disable access to the allegedly infringing Content.

    All notices must be in writing and contain the following information:

    - the identity of the copyrighted work you claim has been infringed;

    - the identity of the material on the Web Site that you claim is infringing,
      with enough detail so that we can locate it;

    - your name, address, telephone number, and e-mail address;

    - your statement that you have a good faith belief that the use of the material is not
      authorized by the copyright owner, its agent, or the law;

    - your statement declaring under penalty of perjury that (i) the information in your
      notice of infringement is accurate, and (ii) you are the owner of the copyright interest
      involved, or that you are authorized to act on behalf of that owner;

    - how you found out about the unauthorized use of Content; and

    - your physical or electronic signature.

    All notices should be sent to Ankura's designated copyright agent Linda Ashkenazi at the following address
        Linda Ashkenazi
        Ankura, Inc.
        MASKIT 22
        HERZELIA, ISRAEL 46120
        customercare@ankura.com

    7.5. We may remove or block access to any Content, in whole or in part, from your Workspace created with Ankura MIXM™, including, but not limited to, Content violating the law or any of the Terms of Use herein, without prior notice, and may also cancel this license for any reason without prior notice. Ankura assumes no liability for removing or blocking access to Workspace(s), or for canceling this license.

    7.6. You expressly acknowledge and agree that Ankura has the right to preserve all registration information you provided, as well as any Content, and may disclose such registration information and/or Content, without incurring any liability, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to: (i) comply with any court order, subpoena, or other legal process; (ii) enforce this Agreement or the Privacy Policy; (iii) respond to claims that a user has violated third-party rights, and (iv) protect Ankura, Ankura MIXM™, the Web Site, other Ankura MIXM™ users, or the general public.

    7.7. Ankura reserves the right to limit the maximum amount of time any Content may be posted in the Ankura MIXM™ library, and to delete any Content that is not removed by the user who posted such Content, without incurring any liability for such removal. Any change in our current policy of unlimited storage in the Ankura MIXM™ library will be posted on the Web Site.

    7.8. By virtue of the license provided in this Agreement, you may (i) use the Content for your own personal use, and (ii) not copy or distribute any Content except for the transmission of a copy to your acquaintances who will not make commercial use of the Content. You must not designate Content as "public" if such designation will violate the intellectual property rights of any third party.

    7.9. The Ankura MIXM™ Web Site may contain third-party banners, legal notices, and links to third-party websites or services. Participation in promotions or advertising of products and services found on the Web Site, including purchase orders, payment, and delivery of any related goods or services, and any other terms, conditions, warranties, legal notices, or representations associated with such dealings, are a matter that involves only you and the creator, offeror, or contractor. You agree that Ankura is not liable in any way for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such materials on the Web Site.


    8. NO WARRANTIES:

    8.1. ANKURA MIXM™ AND THE WEB SITE ARE PROVIDED "AS IS." YOUR USE OF ANKURA MIXM™ AND THE WEB SITE IS AT YOUR OWN RISK, AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR THE LICENSORS OR THE SUPPLIERS MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANKURA MIXM™ OR THE WEB SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENT STATE, OR THAT THE OPERATION OF ANKURA MIXM™ OR THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE.

    8.2. YOU EXPRESSLY AGREE AND UNDERSTAND THAT ANKURA DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERATION, OR AVAILABILITY OF ALL CONTENT, INFORMATION, OR MATERIAL OBTAINED THROUGH EITHER ANKURA MIXM™ OR CONTENT POSTED ON THE WEB SITE. ANKURA DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE DELETION, FAILURE TO STORE, OR BLOCKAGE OF ANY CONTENT. ANKURA DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING CONTENT, INFORMATION, OR MATERIAL THROUGH THE USE OF ANKURA MIXM™ OR THE WEB SITE, OR FROM THE POSTING OF ANY CONTENT ON THE ANKURA MIXM™ WEB SITE.


    9. Beta: Ankura MIXM™ is in a pre-release beta state only and may contain errors or inaccuracies that could cause failures or loss of data. We do not guarantee or assume responsibility for any consequence of your participation in the Ankura MIXM™ beta testing. Due to the experimental nature of Ankura MIXM™ as a beta test, you agree that you will not rely on Ankura MIXM™ for any purpose.


    10. Limitation of Liability:

    YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANKURA, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND LICENSORS, ARE NOT LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, WHETHER UNDER A THEORY OF CONTRACT, TORT, OR OTHERWISE) UNDER OR WITH RESPECT TO (i) THIS AGREEMENT OR THE USE OR MISUSE OF ANKURA MIXM™ OR THE WEB SITE; (ii) LOSS OF REVENUE, PROFITS, DATA, OR LOSS CAUSED BY THE MALFUNCTION OF ANKURA MIXM™ OR THE WEB SITE, OR ANY PART THEREOF; (iii) THE DELETION, REMOVAL, OR BLOCKAGE OF ACCESS TO ANY CONTENT; (iv) THE INTRODUCTION OF COMPUTER VIRUSES, OFFENSIVE, INFRINGING, OR OTHERWISE DAMAGING CONTENT TRANSMITTED THROUGH OR IN CONNECTION WITH THE USE OF ANKURA MIXM™ OR THE WEB SITE, EVEN IF ANKURA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ANKURA'S AGGREGATE LIABILITY, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND LICENSORS, ARISING FROM OR RELATED TO THIS AGREEMENT, OR THE USE OF ANKURA MIXM™ AND THE WEB SITE SHALL NOT EXCEED $100.


    11. Exclusions and Limitations:
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OF PARAGRAPHS 8 AND 10 MAY NOT APPLY TO YOU IF YOU ARE SUBJECT TO ANY ONE OF THESE JURISDICTIONS.

    12. Termination: Either you or Ankura may terminate this Agreement at any time for any reason. Any and all rights you may have to use Ankura MIXM™ and the Web Site will terminate automatically and immediately if you fail to comply with the provisions of this Agreement or any rule of law relating to the use of Ankura MIXM™ or the Web Site. Upon termination of this Agreement, Ankura will deactivate your account. Ankura shall not be liable to you or to any third party for the termination of access to Ankura MIXM™ or the Web Site.


    13. Changes of Terms of Agreement: Ankura may change, from time to time, any of the terms of this Agreement. Any modifications shall be effective upon the earlier of posting the modified Agreement on our Web Site, or directing an e-mail message to you. You must review the Agreement posted on the Web Site so that you will be aware of any and all modifications thereto. Your continued use of Ankura MIXM™ shall signify your consent to the new or revised Agreement.


    14. Indemnification: You shall indemnify and hold Ankura, its employees, officers, directors, affiliates, partners, successors, and assigns harmless against any and all claims, actions, damages, losses, liabilities, and expenses, including without limitation attorneys' fees, arising out of or related to (i) your failure to comply with the terms of this Agreement; (ii) any Content you capture using the Ankura MIXM™; (iii) any Content you post in the Ankura MIXM™ Library or otherwise make available to any third party; and (iv) infringement of any third-party rights, including, without limitation, intellectual property rights.


    15. Waiver of California Civil Code Section 1542:
    You expressly disclaim your rights under California Civil Code Section 1542, which states in full:

    "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


    16. Entire Agreement: This Agreement and Ankura's Privacy Policy represents the complete agreement between you and Ankura concerning the subject matter hereof and supersedes all prior agreements and representations, whether written or oral.


    17. Severability: If any provision of this Agreement or the Privacy Policy is held to be unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect and enforceable.


    18. Assignment: Ankura may transfer, assign, sublicense, or pledge in any manner whatsoever, any of our rights and obligations under this Agreement to any third party, without notice and without the need to receive your consent. You shall not transfer, assign, sublicense, or pledge in any manner whatsoever, any of your rights or obligations under this Agreement.


    19. Governing Law: This Agreement and the Privacy Policy are governed by the laws of the State of California, USA, without reference to its conflict of law principles, and the exclusive jurisdiction for any dispute arising hereunder shall be submitted to the competent courts in San Francisco, California.


    20. Export: Recognizing that the Internet is a global communications tool, you agree to comply with all local rules regarding acceptable Content, including, without limitation, the exportation of certain types of information and personal data from the United States or the country in which you reside.


    21. Contact: Any questions concerning this Terms of Use may be directed by e-mail to customercare@ankura.com.


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