1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Mystical Digits website (the “Site”) and any content, functionality, products or services offered on or through the Site (collectively the “Services”).
The Site and Services are owned and operated by Mystical Digits (“We”/”Us”). By using the Site or Services you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site or Services.
We may modify these Terms at any time without notice, and such modifications shall be effective immediately upon posting the modified Terms on the Site. You agree to review the Site periodically to be aware of any modifications. Your continued access or use of the Site or Services after the modified Terms are posted constitutes your acceptance of the changes.
2. Use of the Site and Services
You may access and use the Site and Services solely for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and Services.
You may not:
- Use the Site or Services for any illegal, harmful, fraudulent, infringing or offensive use
- Interfere with security or functionality of the Site or Services
- Attempt to gain unauthorized access to any portion of the Site or Services
- Use any scraping, data extraction, data mining, or other data gathering methods to obtain data from the Site or Services
- Modify, delete, interfere with the integrity of any content submitted by others
- Circumvent or manipulate our fee structure, billing process, or fees owed to us
- Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or any Services
- Post, upload, transmit, share, or store content that violates any third-party right, including intellectual property rights and privacy rights
- Post, upload, transmit, share, or store unsolicited promotions, advertising, or solicitations
- Post, upload, transmit, share, or store any content that contains viruses or any other malicious code
3. Accounts and Registration
To access certain Services you may be required to create an account and provide certain information about yourself as prompted by the account registration or Service form. You represent and warrant that:
- All required registration information you submit is truthful and accurate
- You will maintain the accuracy of such information
- Your use of the Site or Services will not violate any applicable laws or regulations
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Billing and Payments
Certain aspects of the Services may require payments or fees. You agree to pay all applicable fees or charges to your account based on our fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Recurring Billing: Some aspects of the Services may involve recurring periodic charges to your designated payment provider (“Recurring Billing”). By using Services involving Recurring Billing, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring Services or your account, all accrued sums to your designated payment provider.
Billing Cycle: The billing cycle for Services begins on the date of purchase or enrollment and repeats each month or year according to the term of your plan.
Non-Payment: If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand. We reserve the right to take any action we deem necessary to collect unpaid amounts, including blocking your access to our Services.
Price Changes: We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your plan will take effect at the start of the next Billing Cycle.
5. Content Ownership and Limited License
We retain all rights, title and interest in and to the Services and Site, including all related intellectual property rights. Subject to these Terms, we grant you access to the Site and a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely as intended by us and permitted under these Terms.
Any content made available through the Site or Services, such as text, graphics, logos, button icons, images, audio clips, data compilations and software is the property of Mystical Digits or its content suppliers and is protected by United States and international copyright and trademark laws.
6. User Content
By submitting, posting, displaying, publishing or otherwise making available any text, images, audio, video or other content as part of the Services (“User Content”), you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, distribute, reformat, translate, excerpt, publish and display such User Content in any form, medium or technology.
You are solely responsible for all User Content. You represent and warrant that you own all intellectual property rights to the User Content or are otherwise authorized to submit, post and use such User Content.
We do not claim ownership over any User Content. However, by submitting User Content through the Services, you grant us a license to use, reproduce, modify, distribute, and display your User Content for as long as you continue to use the Services.
7. Indemnification
You will indemnify, defend and hold harmless Mystical Digits and our affiliates, directors, officers, employees, agents, partners and licensors from any claim, demand, loss, liability or expense arising out of or in relation to your use of the Site or Services or breach of these Terms.
8. Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Mystical Digits BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND SERVICES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED $100.
10. Dispute Resolution
Any dispute arising out of or relating to these Terms (“Dispute”) shall be finally resolved through binding arbitration conducted in the English language in the state of [Your State] under the applicable rules of arbitration in such state then in effect. There shall be one arbitrator agreed to by you and us within 20 days of receipt by the respondent of the request for arbitration or in default thereof appointed by the arbitration authority. The seat of the arbitration shall be [City, State]. The award shall be final and binding on the parties (“Award”). The parties waive any right to apply or appeal to any court for relief against the Award.
11. Governing Law
These Terms and any Dispute will be governed by the laws of the State of [Your State], without regard to conflict of law principles. Any Dispute or matter arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in [County, State], and you hereby irrevocably submit to personal jurisdiction and venue of these courts.
12. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site or Services. We may terminate these Terms for any or Terms and Conditions