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Terms of Service
Please read this carefully before using our website, services, and products. This is a contract between you and Mystic.
1. YOUR ACCEPTANCE
By using and/or visiting the https://mysticfinance.xyz website or any successor website of the foregoing (collectively the “Website”), you (“You”) acknowledge that You have read, understood and agree to these Terms of Use. These Terms of Use constitute a binding agreement between You and Mystic and its parents, subsidiaries, affiliates, successors, and assigns (collectively “Mystic”). You are authorised only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.
2. ADDITIONAL POLICIES
In addition to these Terms of Use, the following additional terms and policies (the “Additional Policies”) govern the rights and responsibilities of artists, visitors, and all users of the Website: The Mystic Privacy Policy. All of these Additional Policies are incorporated into, and are a part of, these Terms of Use.
3. GRANT OF RIGHTS
Mystic hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without Mystic prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.
4. YOUR ACCOUNT AND ACCOUNT ACTIVITY
In order to access some features of the Website you have to create an account. When creating your account, You must provide true, current, accurate and complete information about yourself. You are not allowed to use another user’s account without permission. You may not select a username that is vulgar, offensive, obscene, or attempts to impersonate another person. If Mystic suspects that Your account information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Website. By creating an account with Mystic, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorised, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify Mystic if You suspect or know of any unauthorised use of Your password or account or any other breach of security. Mystic cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
5. USE OF YOUR ACCOUNT INFORMATION
You acknowledge and agree that Mystic may preserve Your account information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to legal claims; or (iv) protect the rights, property, or personal safety of Mystic, its users, or the public.
6. LINKED WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Mystic (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Mystic does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that Mystic is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release Mystic from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.
7. USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for Mystic to assume responsibility for any of the information, material, or content posted by users. The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website (“Commentary”), the photographs, artwork, videos, designs, and images (“Artwork”) and any other files, material or information provided to the Website by users (all of which are referred to as “User Submissions”) are not endorsed by Mystic, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not Mystic. By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and licence to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a licence to Mystic to use the User Submission. You hereby grant Mystic a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed. If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behaviour. You understand that Mystic does not guarantee any confidentiality with respect to any User Submission. Mystic expressly disclaims any and all liability in connection with User Submissions. Mystic reserves the right to remove any User Submission in its sole discretion and without prior notice.
8. LICENSE AND USE OF SUBMISSIONS
Mystic’s services empower users without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the posts you submit to the Website. By submitting posts to the Website, You grant Mystic the license above in Paragraph 7, and further agree that Mystic may: (i) display your post submissions on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your post submissions; and (iii) make modifications to your post submissions as necessary to prepare your post submissions for use in a particular product category or for other purposes. In addition, you represent that Mystic may legally make and sell merchandise incorporating Your submissions posts without being obligated to make any payments to, or obtain any permission from, any third party. You may delete your submission posts from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of the submission posts by You, or by Mystic (by emailing hi@mysticswap.io), the licenses above will terminate, except that, to the extent any submission posts has been incorporated into merchandise purchased and/or manufactured by Mystic prior to Your removal, Mystic may sell-through all such merchandise until it is depleted. The terms regarding payment to members apply to such sales. Mystic may also continue to use your submission posts in marketing and promotional materials if such materials were created prior to Your removal of the submission posts from the Website.
9. IMPROPER USE OF WEBSITE
You may not, in connection with the Website: Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized; Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person; Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment; Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website; Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation; Provide false or deceptive information; Solicit personal information from anyone under 18; Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Delete, add or otherwise change other people’s User Submissions, unless approved by that party; Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website. Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mystic reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
10. COMMUNITY GUIDELINES
To make sure that the community spaces on mysticfinance.xyz, including, but not limited to any message boards, discussion groups and comments are safe and respectful, the following policies apply to all Community Spaces: Keep Your content relevant and moderate it correctly. If You’re unsure whether content is appropriate or consistent with these community guidelines or any other terms included in these Terms of Use, err on the side of caution and do not post it. Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website. Community Spaces may not be used to publicly disparage anyone or any User Submission. Community Spaces may not be used to harass other users. You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity. Report abusive content to hi@mysticswap.io if you see it.
11. PRIVACY
You agree not to collect or use anyone else’s personally identifiable information (“Personal Information”) including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website. Mystic uses Your information only as described in the Privacy Policy. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the Mystic Privacy Policy your sole recourse is to stop using the Website and services offered by Mystic.
12. MODIFICATIONS TO THE WEBSITE
Mystic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that Mystic has no obligation to update, store, maintain or correct any information on the Website. Mysticfinance.xyz shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
13. TERMINATION
Mystic may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause. Notwithstanding the foregoing, cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use (including the Additional Policies); (ii) requests by rights holders, law enforcement, or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other Mystic product or service. Mystic may, but shall not be obligated to, give you one warning if you have violated these Terms of Use, prior to terminating your account. Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with you; (iii) barring further use of the Website. Further, You agree that Mystic shall not be liable to You or any third party for any termination of Your account or access to the Website. You may terminate these Terms of Use at any time by terminating your Account use of the Website. On termination of these Terms of Use for any reason, the rights and licenses granted to You here under will immediately terminate and the provisions of these Terms of Use that by their nature and context are intended to survive termination shall survive. Without limitation of the foregoing, Mystic shall have the right to retain copies of all User Submissions in its archives for its internal business purposes and legal purposes. Mystic shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website or Your account.
14. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mystic, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Mystic, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mystic MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Mystic DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND Mystic WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mystic SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL Mystic, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Mystic, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Mystic IS NOT RESPONSIBLE FOR THE NFTS THAT ARE SWAPPED ON Mysticfinance.xyz AND CANNOT 100% WARRANT OR GUARANTEE THE AUTHENTICITY, UNIQUENESS, LEGALITY OR VALUE OF ANY NFT THAT IS SWAPPED BETWEEN USERS ON THE PLATFORM. USERS ARE ENTIRELY RESPONSIBLE FOR THE SAFETY AND MANAGEMENT OF THEIR OWN PRIVATE ETHEREUM WALLETS AND VALIDATING ALL TRANSACTIONS AND CONTRACTS GENERATED BY THIS PLATFORM BEFORE APPROVAL. THERE IS NO RECOURSE TO REVERSE, UNDO, OR RESTORE ANY TRANSACTION AS THE CONTRACT WORKS ON THE ETHEREUM BLOCKCHAIN NETWORK. YOU SPECIFICALLY ACKNOWLEDGE THAT Mysticfinance.xyz SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BY USING THIS WEBSITE YOU ARE ACCEPTING SOLE RESPONSIBILITY FOR TRANSACTIONS INVOLVING YOUR DIGITAL COLLECTIBLES. The Website is controlled and offered by Mystic from its facilities in Portugal. Mystic makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. INDEMNITY
You agree to defend, indemnify and hold harmless Mystic, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Mystic, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defence and indemnification obligation will survive these Terms of Use and Your use of the Website.
17. ABILITY TO ACCEPT TERMS OF USE
You affirm that You are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Mystic is not intended for children under 13. If You are under 13 years of age, please do not use the Website.
18. ASSIGNMENT
These Terms of Use, and any rights and licences granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by Mystic without restriction.
19. INTELLECTUAL PROPERTY OWNED BY mysticfinance.xyz AND ITS LICENSORS
The Website and its original content, features, and functionality are protected by international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by Mystic, including but not limited to Mystic, and trademarks, copyrights, and other intellectual property owned by Website users, and other third party licensors (collectively, “Licensors”). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Mystic, or as otherwise agreed to in writing by the appropriate Licensor.
20. CONTESTS, DESIGN CHALLENGES, PROMOTIONS
Contests, design challenges, surveys, games or other promotions made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such Promotion shall control, but only to that Promotion.
21. LAW AND FORUM FOR DISPUTES
These Terms of Use constitute an agreement that shall be governed by and construed in accordance with the laws of the province of Portugal without regard to its conflict of law provisions and without regard to the actual province or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Portugal, in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. RELEASE
If You have a dispute with one or more Website users, You release Mystic (and Mystic officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
23. GENERAL, AMENDMENTS
In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity and legality of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mystic failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Mystic reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the mysticfinance.xyz Website constitutes acceptance of them. These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and Mystic with respect to the subject matter hereof.
24. VIOLATIONS OF THESE TERMS OF USE
Please report any violation of the Terms of Use, including objectionable User Submissions or behaviour, to hi@mysticswap.io. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behaviour in question. Upon receiving such a report of a possible violation, Mystic in its sole discretion may investigate the matter and take such action as Mystic determines to be appropriate.