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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.
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