User Agreement
Mystic Ether User Agreement
Effective Date: Jan 1, 2023.
Welcome to Mystic Ether Web Services (the "Website"). By accessing or using the Website, you agree to be bound by the terms and conditions set forth in this User Agreement (the "Agreement").
1. Use of the Website
The Website is intended for your personal, non-commercial use. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules and regulations in your use of the Website.
2. User Conduct
You agree not to use the Website to:- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;- harm minors in any way;- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or- intentionally or unintentionally violate any applicable local, state, national or international law.
3. Intellectual Property Rights
The Website and its contents are protected by copyright, trademark and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website.
4. Disclaimer of Warranties
The Website is provided on an "as is" and "as available" basis. Mystic Ether Web Services makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website. To the full extent permissible by applicable law, Mystic Ether Web Services disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
5. Limitation of Liability
You understand and agree that Mystic Ether Web Services shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if Mystic Ether Web Services has been advised of the possibility of such damages), resulting from:(i) the use or the inability to use the Service;(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;(iii) unauthorized access to or alteration of your transmissions or data;(iv) statements or conduct of any third party on the Service; or(v) any other matter relating to the Service.
6. Indemnification
You agree to indemnify, defend, and hold harmless Mystic Ether Web Services and its affiliates, officers, agents, partners, and employees from and against any claim, loss, liability, damage, or expense arising from or in connection with your use of the website, including without limitation any claim that your use of the website violates the rights of a third party, any third-party claim that your use of the website infringes their intellectual property rights, and any claim that your use of the website violates these terms and conditions.
7. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the arrangement thereof), are owned by Mystic Ether Web Services, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These rights include, but are not limited to, the right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such materials throughout the world in any media. All such rights are reserved.
Use of Site
You may use the Site for lawful purposes only. You agree not to use the Site:In any way that violates any applicable federal, state, local, or international law or regulation.For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.To impersonate or attempt to impersonate Mystic Ether Web Services, a Mystic Ether Web Services employee, another user, or any other person or entity.To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Mystic Ether Web Services, may harm Mystic Ether Web Services or users of the Site or expose them to liability.
Disclaimers
The Site and all content, materials, information, products, and services included on or otherwise made available to you through the Site are provided by Mystic Ether Web Services on an “as is” and “as available” basis, unless otherwise specified in writing. Mystic Ether Web Services makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products, or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.
Limitation of Liability
To the fullest extent permitted by applicable law, Mystic Ether Web Services, its affiliates, licensors, service providers, and employees will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Mystic Ether Web Services has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Entire Agreement
This Agreement constitutes the entire agreement between you and Mystic Ether Web Services and governs your use of the Service, superseding any prior agreements between you and Mystic Ether Web Services with respect to the Service.
Changes to this Agreement
Mystic Ether Web Services reserves the right to make changes to this Agreement at any time. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
No Waiver
The failure of Mystic Ether Web Services to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions about this Agreement, please contact Mystic Ether Web Services at hello@mysticether.com.
