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Terms and Conditions of Use

These Terms and Conditions of Use ("Terms of Use") govern your use of the Site. Limited use of the Site is offered to you by PureMystic subject to, and conditioned upon your acceptance of, these Terms of Use.

Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, PureMystic grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.

PureMystic reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.

 

1. USE OF THE SITE

A. License.
PureMystic grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one (1) computer connected to the Site over the Internet only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any document, file, or other website or web page. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited.

B General.
PureMystic reserves the right, in its discretion, to change or modify all or any part of these Terms of Use at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms of Use, including any changes or modifications made thereto by PureMystic Inc. as permitted above. If at any time the terms and conditions of these Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site, including the Site Content and Site Code.

C Non-Commercial/Personal Use Limitation.
PureMystic grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. This Site is only licensed for use by natural human individuals in their personal capacity.

D Nature of Services.
PureMystic offers its Site services for entertainment purposes only. Additional terms and conditions of use applicable to specific areas or features of the Site may also be posted in such areas or elsewhere and, together with these Terms of Use, govern your use of those areas or features. PureMystic does not warrant the truth or validity of the information contained on the Site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, PureMystic is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

E Username/Password.
PureMystic may issue you a username and/or password for access to the certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through insecure sites. PureMystic shall not be responsible whatsoever in the event that a third party misappropriates your password.

F Reservation of Rights.
Any rights not expressly granted herein are reserved.

G Rules of Conduct; User Content.
You shall not post on the Site any information, data, text, software, music, sound, photographs, graphics, video, massages or other materials ("User Content") which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as User Content which infringes any copyright, mark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Site any links to any external Internet sites that are obscene or pornographic. You may not use the Site, Site Content or Site Code for any commercial purpose, to distribute any advertising or for the solicitation of funds or goods and services or to solicit users to join competitive online services.

With respect to any User Content you submit or make available for inclusion on the Site, you grant PureMystic a world-wide, royalty free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

H. Managing Content.
PureMystic does not and cannot review the User Content posted by users on the Site and is not responsible for such User Content. However, PureMystic reserves the right to delete, move or edit any User Content (including User Content posted in any interactive area) that it may determine, in its sole discretion, violates these Terms of Service or is otherwise unacceptable. You shall remain solely responsible for all User Content posted by you. PureMystic shall have the right, but not the obligation, to correct any errors or omissions in any User Content, as it may determine in its sole discretion.

I. No Endorsement.
PureMystic does not represent or endorse the accuracy or reliability of any User Content posted on any interactive area and you acknowledge that any reliance upon such User Content shall be at your sole risk. Any User Content placed on any interactive area by users are the views of the user posting the statement, and do not represent the views of PureMystic Inc.

 

2. OWNERSHIP AND INTELLECTUAL PROPERTY

A. PureMystic, as Proprietor.
PureMystic is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by PureMystic for limited use pursuant to these Terms of Use. "Site Content" means any and all human readable patent audio and/or visual elements of this Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site or which is sent to You by e-mail or is available for download from the site including any PureMystic software ("Software") ("Material"), other than User Content (defined in Section 2.7, below). "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site.

All products, creations, characters, output, designs, functions, autonomous beings, battles, processes whether virtual, digital or tangible or any intellectual property whatsoever, created with PureMystic software or the Site Code ("the Created Property") remain the sole property of PureMystic Inc which shall have full rights to use the Created Property in any way it chooses.'

B. Copyright.
The Site Content and Site Code are owned by PureMystic and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the Site by PureMystic, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce, create derivative works from or based on, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site are only permitted upon express permission from and arrangement with PureMystic. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

C. Trademarks.
PureMystic, PureMystic, the PureMystic logo, PureMystic.com, are trademarks and service marks belonging to the PureMystic Corporation (the "PureMystic Marks"). Any product, service, or trade name other than those owned by PureMystic that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the PureMystic Marks is strictly prohibited.

 

3. USE OF THE SOFTWARE

IF YOU ARE LOGGED ON TO THE PUREMYSTIC SERVER, YOU AGREE TO THE FOLLOWING RULES, AND IF YOU BREAK ANY OF THESE RULES, YOUR PureMystic ACCOUNT, AND YOUR RIGHT TO USE THE PureMystic SERVICE, MAY BE TERMINATED IMMEDIATELY BY PureMystic WITHOUT NOTICE.

(i) You may not harass, threaten, or embarrass, or cause distress, unwanted attention, or discomfort, to another user.

(ii) You may not enter into any agreement to unfairly advance someone's rank. This includes "kreds" swapping.

(iii) You may not impersonate another PureMystic user.

(iv) You may not transfer or share your paid PureMystic account to or with others.

(v) You may not create a blatantly offensive user name, handle, or other public tag.

(vi) You may not use any offensive or sexually explicit language.

(vii) You may not use any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable language toward any other user.

(viii) You may not impersonate any PureMystic Technical Support representative or other employee of PureMystic.

(ix) You may not disrupt any PureMystic chat area by entering repeated lines of text or any other manner. (aka "spamming" or "flooding")

(x) You may not market, promote, or advertise anything, or make any other form of solicitation, on the PureMystic Service.

(xi) You may not violate any local, state, national, or international law or regulation.

(xii) You may not modify any part of the PureMystic software that PureMystic does not specifically authorize you to modify in writing.

(xiii) You may not arrange for the exchange or transfer of any pirated software or other contraband while you are on the PureMystic Service, or use the PureMystic Service for any other illegal purpose.

(xiv) You may not organize any teams or groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.

(xv) You may not give false information or intentionally hide any information that is required at the time you register with PureMystic Service.

(xvi) You must comply with requests made of you by PureMystic and PureMystic Technical Support representatives.

 

4. USE OF THE MESSAGE BOARDS

The Site contains certain message boards that are provided as a free service to users who agree to abide by these Terms of Use, including the following terms and conditions specifically relating to the use of the PureMystic message boards. PureMystic assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material on a message board contained on the Site. In addition, PureMystic does not endorse any opinions or recommendations posted by others. The information posted on a message board contained on the Site is the responsibility of the person or persons posting the message. Any user who violates these Terms of Use may be permanently banned from posting messages herein.

You are entirely responsible and liable for any message you post or any message that is posted through your Account. You agree to refrain from the following actions while using a message board on this Web site:

(i) Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity;

(ii) Harm minors in any way;

(iii) Transmitting any information, data, text, files, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable;

(iv) Impersonating any person, including but not limited to a PureMystic employee;

(v) Posting or transmitting any advertising, promotional materials, or any other forms of solicitation, including but not limited to "junk mail," "spam," "chain letters," or unsolicited mass distribution of email;

(vi) Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property, contractual or fiduciary rights of others;

(vii) Starting a thread on a message board that has to do with a stock or stocks (any message found under such thread may be deleted without prior notice);

(viii) Providing false information on your registration form, or impersonating someone else;

(ix) Posting improper messages that are not related to that particular message thread or posting more than 20 messages in six hours;

(x) Violating any applicable local, state, national or international law.

You agree that PureMystic in its sole discretion may remove posts by you or terminate your Account if it believes that you may have in any way violated the terms and conditions contained herein, or any subsequent modifications. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. PureMystic shall not be liable to you or any third party for the termination of your account or any claims related to your termination. PureMystic does not prescreen, monitor or edit messages posted on its message boards. Nonetheless, PureMystic has the right (but not the obligation) to monitor or remove any User Content or information transmitted or received through the message boards. PureMystic relies on its users to bring violations to our attention, although we do not guarantee any action based upon such information.

Should you object to any of the terms and conditions set forth herein or any subsequent modifications or become dissatisfied with the message boards in any way, your only recourse is to immediately: (1) discontinue use of the message boards; (2) terminate your account; and (3) notify PureMystic of termination by sending an email to info@PureMystic.com. Continued use of the message boards is an acceptance of the terms of use and any subsequent changes.

You acknowledge and agree that PureMystic may preserve User Content and disclose User Content or any other information or materials posted to a message board on this Site if (1) required by law to do so, or (2) in the good faith belief that such preservation or disclosure is necessary in order to enforce these Terms of Use, comply with a subpoena or other court or legal process, respond to third party claims, or protect the rights, property or safety of PureMystic, users, and the public.

 

5. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS

The Site may contain hyperlinks or other references to third party Internet sites that PureMystic does not own or operate. Such hyperlinks are provided for your reference only. PureMystic makes no warranties or representations regarding the availability of, or the content located on or through, such sites. PureMystic does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on PureMystic web sites are directed, nor does PureMystic represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, PureMystic does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this Site.

 

6. PRIVACY POLICY

PureMystic takes the privacy of its users seriously and personal information you provide to us will be subject to its Privacy Policy.

 

7. GLOBAL USE

The nature of the world-wide web is such that e-mail or materials posted on this Site can be received or viewed by users in any part of the world and it is therefore your responsibility to ensure that you comply with all applicable laws regarding the transmission and export of technical or other data from the United States or the country in which you reside.

 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

A. PureMystic DOES NOT WARRANT THAT THE SITE OR SITE CODE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES PureMystic MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR SITE CODE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE, THE SITE CONTENT AND THE SITE CODE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS.

B. WITH THE SOLE EXCEPTION OF THE LIMITED WARRANTY OFFERED UNDER A VALID, SUBSISTING FIGHT LICENSE, PureMystic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR AGAINST INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, THE SITE CONTENT, SITE CODE, ANY USER CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CODE AND THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR DATA ACCESSIBLE VIA THE SITE IS ASSUMED SOLELY BY YOU.

C. PureMystic SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF YOU HAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

D. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PureMystic SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. E. PureMystic MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE CODE OR THE SOFTWARE WILL BE CORRECTED.

 

9. GOVERNING LAW

These Terms of Use shall be governed by the laws of the State Queensland Australia as such laws are applied to agreements entered into and to be performed entirely within Queensland between Queensland residents and by the laws of Australia. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Queensland, Australia, and that any dispute arising out of or related in any way with these Terms of Use or any other agreement between you and PureMystic, or your use of the Site, Site Content, or Site Code, shall be filed and heard solely in a court located in Queensland, Australia. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or any other agreement between you and PureMystic, or your use of the Site, Site Content, or Site Code, must be filed within one (1) year after such claim or cause of action arose.

 

10. SEVERABILITY

In the event any provision of these Terms of Use are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. The headings used in these Terms of Use are for convenience only and shall not be considered part of these Terms of Use.

 

11. NOTICE

Notices may be sent to you via either e-mail or regular mail. PureMystic may also give notice of changes to these Terms of Use or other matters by displaying notices or links to notices on the Site.

 

12. INDEMNITY

You agree to indemnify and hold PureMystic, its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, or make available through or on the Site, or by use of the Site Code or the Software, your connection to the Site, your violation of the Terms of Use or any other agreement with PureMystic, or your violation of any rights of another.

 

13. TERMINATION

PureMystic, in its sole discretion, may terminate your password, account, registration, or use of the Site, for any reason. You agree that any such termination may be effected without prior notice, and that PureMystic may immediately deactivate or delete your account or any related information and files in your account or bar further access to such files or the Site. You agree that PureMystic shall not be liable to you or any third party for any such termination.

 

14. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and PureMystic with respect to their subject matter and govern your use of the Site, the Site Code and the Site Content, and supercede any prior agreements between you and PureMystic.


 

(c) 2002 PureMystic.com :: Terms :: Privacy

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