Terms of Use
Agreement with Terms and Conditions:
This agreement sets forth the terms and conditions that apply to use of
MysticIsland.net ("Agreement") by you, an individual accessing
MysticIsland.net ("Visitor"). By accessing MysticIsland.net, you agree
to the following terms and conditions. If you do not agree, you have no right
or license to access MysticIsland.net and you should not do so.
Changes in Terms and Conditions:
Mystic Island has the right to change or discontinue any aspect or feature of
MysticIsland.net, including, but not limited to, content, hours of
availability, and equipment needed for access or use, at any time. Mystic
Island has the right to change or modify the terms and conditions applicable to
Visitor's use of MysticIsland.net, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and charges for use at
any time. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on MysticIsland.net, or by electronic
mail, or by any other means by which Visitor obtains notice thereof. Any use of
MysticIsland.net by Visitor subsequent to such notice shall be deemed to
constitute acceptance by Visitor of such changes, modifications or additions.
Conduct of Visitor:
Lawful Use:
Visitor shall use MysticIsland.net for lawful purposes only. Visitor shall not
post or transmit through MysticIsland.net any material which: (i) violates or
infringes in any way upon the rights of others; (ii) is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable; (iii) encourages conduct that would
constitute a criminal offense, gives rise to civil liability or otherwise
violates any law; or (iv) contains advertising or any solicitation with respect
to products or services, unless Mystic Island has expressly approved such
material in advance of its transmission. Any conduct by a Visitor that in
Mystic Island’s discretion restricts or inhibits any other Visitor from using
or enjoying MysticIsland.net is expressly prohibited.
Downloading
of Intellectual Property:
MysticIsland.net contains copyrighted material and other proprietary information,
including, but not limited to, text, software, graphics, and sound. No Visitor may modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Visitor may download one (1)
single copy of the copyrighted material for Visitor's personal, non-commercial
use only. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written permission
of Mystic Island. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend, copyright or other proprietary notice shall be
made. Visitor acknowledges that he/she does not acquire any ownership rights by
downloading copyrighted material.
Users who violate our standards
while in our chat rooms and tables may be denied access to this site, without
due recourse. Right to use at any specific time does not constitute a
continued obligation to provide service to any individual or group.
We encourage an atmosphere of
understanding and thoughtful debate. Please abide by the following code of
conduct that prohibits:
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We DO NOT sell or lease personal
information collected here and you are prohibited from collecting information
for any purpose other than private, non-commercial, communications with members
on an individual basis. You agree to pay our legal fees and other costs
in enforcing this provision should you violate it.
Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks
of Mystic Island Inc. All other trademarks not owned by Mystic Island Inc. or
its affiliates that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Mystic Island or its affiliates.
Postings and Messages:
No Responsibility or Liability:
To the extent that portions of MysticIsland.net (such as "chat
rooms") provide users an opportunity to post and exchange information,
ideas and opinions ("Postings"), BE ADVISED THAT MYSTIC ISLAND CAN
NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON
MYSTICISLAND.NET, and Postings do not necessarily reflect the views of Mystic
Island. To the fullest extent permitted by applicable laws, Mystic Island shall
in no event have any responsibility or liability for the Postings or for any
claims, damages, or losses resulting from their use and/or appearance on
MysticIsland.net.
Monitoring:
Mystic Island reserves the right to monitor all Public and Private Postings,
Messages, Codes, Data, Signals and any other form of electronic communication
that is sent through Mystic Island.
Anything which it considers in its absolute discretion to be offensive
or otherwise in breach of these terms and conditions will result in an
immediate review.
Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to
all Postings you provide and all material they contain; that your Postings
shall not infringe any proprietary or other rights of third parties; that your
Postings shall not contain any viruses or other contaminating or destructive
devices or features; that your Postings shall not contain any defamatory,
indecent, offensive, tortious, or otherwise unlawful material or content; and
that your Postings shall not be used to carry out or solicit any unlawful
activity and/or be used to make commercial solicitations.
Disclaimers and Limitation of Liability:
Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF MYSTICISLAND.NET IS AT VISITOR'S OWN RISK.
VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S
PASSWORD(S), IF ANY. NEITHER MYSTIC ISLAND, ITS AFFILIATES, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS,
WARRANT THAT MYSTICISLAND.NET SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
MYSTICISLAND.NET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MYSTICISLAND.NET. IT IS
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL
INFORMATION, OPINIONS AND OTHER MATERIAL ON MYSTICISLAND.NET OR ANY SITES WITH
WHICH IT IS LINKED.
No Warranties of MysticIsland.net's Service:
MYSTICISLAND.NET IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT MYSTIC ISLAND IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH VISITOR.
Visitor's Waiver of Damages:
IN NO EVENT WILL MYSTIC ISLAND, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING MYSTICISLAND.NET BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
MYSTICISLAND.NET. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON MYSTICISLAND.NET.
IN ADDITION TO THE TERMS SET FORTH ABOVE,
NEITHER MYSTIC ISLAND, NOR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
MYSTICISLAND.NET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification:
Visitor agrees to defend, indemnify and hold harmless Mystic Island, its
affiliates and their respective directors, officers, employees, agents, and
assigns from and against all claims and expenses, including attorneys' fees,
arising out of Visitor's use of MysticIsland.net.
Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones,
computer hardware, and other equipment needed for access to and use of MysticIsland.net
and for any/all charges related thereto.
Entire Agreement:
This Agreement, and any operating rules for MysticIsland.net established by
Mystic Island, constitutes the entire agreement of the parties with respect to
the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter.
Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of
Nevada, without regard to its conflict of laws rules. Any cause of action of
any nature arising out this Agreement shall be brought in the City of Las
Vegas.
Headings:
The section headings used herein are for convenience only and shall not be
given any legal import whatsoever.