Mythacle Terms of Service
Last modified: September 15th, 2010
Please read the following Terms carefully before accessing or using Services. Your access to and use of any part of Mythacle's Services are conditioned on your acceptance of and compliance with the Terms of this document. By accessing or using Services, you agree to be bound by these Terms. If you do not agree to all the Terms of this document, you may not access or use any Services. The Services are available only to individuals who are at least 13 years old.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms when you create an account to use Mythacle Services.
- Using the Services. In this case, you understand and agree that Mythacle will treat your use of the Services as acceptance of the Terms from that point onward.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Mythacle or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are residing or from which you use the Services.
Provision of the Services by Mythacle
Mythacle is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that Mythacle provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Mythacle may stop (permanently or temporarily) providing Services (or any features within the Services) to you or to users generally at Mythacle's sole discretion without prior notice to you. You may stop using the Services at any time. You do not need to inform Mythacle when you stop using the Services.
- You acknowledge and agree that if Mythacle disables access to your account, you may be prevented from accessing Services, your account details, or any files or other content contained in your account.
- You acknowledge and agree that while Mythacle may not currently have a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Mythacle at any time at Mythacle's discretion.
Establishing an Account
Certain features available within Mythacle's Services require the creation of a "Mythacle Account". A Mythacle Account provides you access to all of Mythacle's Services. Based on your permission level certain features will become available through your Mythacle Account.
Prior to creating a Mythacle Account, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Mythacle will always be accurate, correct, and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Mythacle, unless you have been specifically allowed to do so in a separate agreement with Mythacle. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers), and you shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Mythacle, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You agree that you are solely responsible for (and that Mythacle has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage Mythacle may suffer) of any such breach.
Your Passwords And Account Security
You agree and understand that you are responsible for maintaining the confidentiality of login information and passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Mythacle for all activities that occur under your account.
If you become aware or reasonably suspected of any unauthorized use of your password or account, you agree to notify Mythacle immediately.
Your Personal Information And Privacy
Account Suspension, Modification, And Deletion
Ownership of the Account
Mythacle does not recognize the transfer of Mythacle Accounts. You may not purchase, sell, or trade any Account or offer to purchase, sell, or trade any Account, and any such attempt shall be null and void.
Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, and videos or other images) that you may have access to as part of, or through your use of, the Services is the sole responsibility of the person from whom such content originated. All such information is referred to below as "Content".
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights that are owned by the sponsors or advertisers who provide that Content to Mythacle (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on Content (either in whole or in part) unless you have been specifically told that you may do so by Mythacle or by the owners of the Content in a separate agreement.
- Mythacle reserves the right (but shall have no obligation) to prescreen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. For some of the Services, Mythacle may also provide tools to filter out explicit inappropriate content.
- You agree that you are solely responsible for (and that Mythacle has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage that Mythacle may suffer) by doing so.
Mythacle respects the intellectual property rights of others and expects users of the Services to do the same.
- You acknowledge and agree that Mythacle (or Mythacle's licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Mythacle and that you shall not disclose such information without Mythacle's prior written consent.
- Unless you have agreed otherwise in writing with Mythacle, nothing in the Terms gives you the right to use any of Mythacles's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by Mythacle, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Any feedback, comments, or suggestions you may provide regarding Mythacle or the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Mythacle will also terminate a user's account if the user is determined to be a repeat infringer.
Copyright Infringement. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on his/her behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please email the information to our legal agent.
License From Mythacle
- Mythacle gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Mythacle as part of the Services provided to you by Mythacle (referred to as "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mythacle in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mythacle in writing.
- Unless Mythacle has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- The Services may include references and hyperlinks to other websites or content or resources. Mythacle may have no control over any websites or resources that are provided by companies or persons other than Mythacle.
- You acknowledge and agree that Mythacle is not responsible for the availability of any such external sites or resources and does not endorse any advertising, Services, or other materials on or available from such websites or resources.
- You acknowledge and agree that Mythacle is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, Services, or other materials on or available from such websites or resources.
- Sometimes when you use the Services, you may (as a result of or through your use of the Services) use a service, download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- The Software that you use will automatically be updated from time to time by Mythacle. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of the Services.
Ending Your Relationship With Mythacle
- The Terms will continue to apply until terminated by either you or Mythacle as set out below.
- If you want to terminate your legal agreement with Mythacle, you may do so by (a) notifying Mythacle at any time or (b) closing your accounts for all of the Services that you use where Mythacle has made this option available to you.
- Mythacle may, at any time, terminate its legal agreement with you if:
Nothing in this section shall affect Mythacle's rights regarding provision of Services under the "Provision of the Services by Mythacle" section of the Terms.When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Mythacle have benefited from, been subject to (or which have accrued over time while the Terms have been in force), or which are expressed to continue indefinitely shall be unaffected by this cessation, and the law provisions shall continue to apply to such rights, obligations, and liabilities indefinitely as described under the "Controlling Law and Jurisdiction" section.
- You have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or
- Mythacle is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful).
- The partner with whom Mythacle offered the Services to you has terminated its relationship with Mythacle or ceased to offer the Services to you.
- Mythacle is transitioning to no longer providing the Services to users in the country in which you are a resident or from which you use the Services.
- The provision of the Services to you by Mythacle is, in Mythacle's opinion, no longer commercially viable.
Exclusion of Warranties
Nothing in these Terms, including this section - Exclusion of Warranties - and the Limitation of Liability section, shall exclude or limit Mythacle's warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by the law.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "AS IS" and "AS AVAILABLE."
In particular, Mythacle does not represent or warrant to you that:
- Your use of the Services will meet your requirements.
- Your use of the Services will be uninterrupted, timely, secure, or free from error.
- Any information obtained by you as a result of your use of the Services will be accurate or reliable.
- Any defects in the operations or functionality of any Software provided to you as part of the services will be corrected (no responsibility or liability for the deletion of, or the failure to store or transmit, any content and other communications maintained by the Services).
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No device or information, whether oral or written, obtained by you from Mythacle or through or from the Services shall create any warranty not expressly stated in the Terms.
Mythacle further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including but not limited to the implied warranties and conditions of merchant ability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Subject to overall provision in the "Exclusion of Warranties" section above, you expressly understand and agree that Mythacle and its subsidiaries, affiliates, employees, partners, and licensors shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible losses.a.
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Your access to or use of or inability to acccess or use the Services.
- Any changes that Mythacle may make to the Services or any permanent or temporary cessation in the provision of the Services (or any features within the Services).
- The deletion of, corruption of, or failure to store any Content and other communications data maintained or transmitted by or through your use of the Services.
- Your failure to provide Mythacle with accurate account information.
- Your failure to keep your password or account details secure and confidential.
- Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties.
- Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser, or sponsor whose advertising appears on the Services.
The limitations on Mythacle's liability to you above shall apply whether or not Mythacle has been advised of or should have been aware of the possibility of any such losses arising.
Controlling Law And Jurisdiction
The Terms and your relationship with Mythacle under the Terms shall be governed by the laws of the State of Mississippi without regard to or application of its conflict of law provisions or your state or country of residence. You and Mythacle agree to submit to the exclusive jurisdiction of the courts located within the county of Oktibbeha, MS, to resolve any legal matter arising from the Terms, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Not withstanding this, you agree that Mythacle shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages. If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Changes to the Terms
Mythacle may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Mythacle will make a new copy of the Terms available, and any new Additional Terms will be made available to you through Mythacle's main website.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Mythacle will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General Legal Terms
The Terms constitute the whole legal agreement between you and Mythacle, govern your use of the Services (excluding any services that Mythacle may provide to you under a separate written agreement), and completely replace any prior agreements between you and Mythacle in relation to the Services.
- You agree to the Terms in this document.
- You agree that Mythacle may provide you with notices, including those regarding changes to the Terms, by email, or postings on the Services.
- Waiver and Severability: You agree that if Mythacle does not exercise or enforce any legal right or remedy contained in the Terms (or any right Mythacle has the benefit of under any applicable law), this inaction will not be taken to be a formal waiver of Mythacle's rights and those rights, or remedies will still be available to Mythacle.
If you have any questions or comments about these Terms, please feel free to contact us.