Welcome to Mystify!
The Mystify (“Company”, “we”, “our”, “us”)! These Terms of Service
(“Terms”, “Terms of Service”) govern your use of our web pages located
at https://mystify.one and our mobile application Mystify (“App”)
(together or individually “Service”) owned and operated by Mystify Inc.
Our Privacy Policy also governs your use of our Service and explains how
we collect, safeguard and disclose information that results from your
use of our web pages. Please read it here: https://mystify.one/privacy.
The Company provides the Services through our App. By accessing the
Services through the App, immediately and from your very first access of
the Services, you unconditionally and irrevocably agree to be bound by
these Terms and Conditions, all applicable laws and/or regulations and
you agree that you are responsible for this compliance.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood
Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you
may not use the Service. These Terms apply to all visitors, users and
others who wish to access or use Service.
The Company reserves the right to change these Terms and Conditions.
These changes are effective immediately upon posting. When changes come
into effect, the revised Terms and Conditions shall supersede the
previous version of the Terms and Conditions. You are responsible for
regularly reviewing these Terms and Conditions.
Thank you for being responsible.
- ABOUT US
-
Mystify is owned and operated by Mystify Inc, registered in the
State of Delaware, USA, registered office at 501 Silverside Road
Wilmington, DE 19809
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Mystify is a mobile application that provides free messaging
service.
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Mystify provides a subscription service that allows our members
to send anonymous messages randomly to other Mystify members.
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The Company makes the App available (a) on the Website from
which you can click on a link to download the App, or (b) for
download directly from Google Play and the Apple App Store.
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The Company shall make every effort to ensure that Mystify is
continually available to you.
- USE OF WEBSITE
-
You may not use the Website to transmit, distribute, store or
destroy any material or information (i) in violation of any
applicable law or regulation; (ii) in a manner that will
infringe the copyright, trademark, trade secret or other
intellectual property rights of any third party or violate the
privacy or other personal rights of third parties; or (iii) that
is defamatory, obscene, threatening, abusive or hateful.
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When accessing the Website, you shall be prohibited from:
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using any robot, spider, other automatic device or manual
process to monitor or copy any part of the Website;
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using any device, software or the like to interfere or
attempt to interfere with the proper functioning of the
Website;
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taking any action that imposes an unreasonable or
disproportionately large data load on the Website
infrastructure;
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copying, reproducing, altering, modifying, creating
derivative works, or publicly displaying any content from
the Website without the Company’s prior written consent;
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reverse assembling, reverse engineering or otherwise
attempting to discover any source code relating to the
Website or any tool therein, except to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation; and
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attempting to access any area of the Website to which access
is not authorised.
- USE OF APP
- You may access Mystify and the Services via our App.
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In order to be able to use the App, you shall (i) download and
install the App on a mobile device which is compatible with the
App, as well as (ii) have an Internet connection.
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You agree that you are solely responsible for meeting the
aforementioned requirements, which may also (i) bear additional
charges and fees, and/or (ii) require you to perform software
updates and/or to comply with the terms and conditions of your
agreement(s) with your mobile device and telecommunications
provider.
- ELIGIBILITY
- You are at least 13 years of age.
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You use the Website and Services according to these Terms and
all applicable laws and regulations determined by the state and
country of residence.
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You provide complete and accurate registration information and
maintain accurate registration information on the Website.
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You agree and understand that Mystify may, at any time, and
without prior notice, revoke and/or cancel your access if you
fail to meet these criteria or violate any portion of these
Terms.
- COMMUNICATIONS
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By creating an Account on our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other
information we may send.
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You may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by
emailing at [email protected].
- ACCESS AND USE
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You must only use the App in accordance with these Terms and any
applicable law.
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You must not (or attempt to):
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Interfere with or disrupt the App or the server or networks
that host the Site;
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Use data mining, robots, screen scraping or similar data
gathering and extraction tools on the Site; or
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Interfere with security-related or other features of the
App.
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We do not warrant that the App will be available at all times
and without disruption and we provide no warranties in relation
to the content of any other website linked to or from our App.
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You must not link to our App or any part of our App in a way
that damages or takes advantage of our reputation, including but
not limited to:
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In a way to suggest or imply that you have any kind of
association and affiliation with us, or approval and
endorsement from us when there is none; or
- In a way that is illegal or unfair.
- PROHIBITED USES
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You may use Service only for lawful purposes and in accordance
with Terms. You agree not to use Service:
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In any way that violates any applicable national or
international law or regulation.
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For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
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To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain
letter,” “spam,” or any other similar solicitation.
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To impersonate or attempt to impersonate the Company, the
Company employee, another user, or any other person or
entity.
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In any way that infringes upon the rights of others, or in
any way is illegal, threatening, fraudulent, or harmful, or
in connection with any unlawful, illegal, fraudulent, or
harmful purpose or activity.
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To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend the Company or users of
Service or expose them to liability.
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Additionally, you agree not to:
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Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other
party’s use of Service, including their ability to engage in
real time activities through Service.
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Use any robot, spider, or other automatic device, process,
or means to access Service for any purpose, including
monitoring or copying any of the material on Service.
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Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose
without our prior written consent.
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Use any device, software, or routine that interferes with
the proper working of Service.
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Introduce any viruses, trojan horses, worms, logic bombs, or
other material which is malicious or technologically
harmful.
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Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database
connected to Service.
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Attack Service via a denial-of-service attack or a
distributed denial-of-service attack.
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Take any action that may damage or falsify the Company
rating.
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Otherwise attempt to interfere with the proper working of
Service.
- ACCOUNTS
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When you create an account with us, you guarantee that you are
above the age of 14, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate
termination of your account on Service.
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You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the
restriction of access to your computer and/or account.
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You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether
your password is with our Service or a third-party service.
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You must notify us immediately upon becoming aware of any breach
of security or unauthorized use of your account.
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You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization.
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You may not use as a username any name that is offensive, vulgar
or obscene.
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We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
- REGISTRATION, LOGIN CREDENTIALS AND SECURITY
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In order to be able to make use of and access the Services and
App, you shall register on the App by providing the Company with
all required information which includes but is not limited to
your full name, business name, address and contact information.
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You agree to (i) provide true, accurate, current and complete
information about yourself as prompted by the sign-up process;
and (ii) maintain and promptly update the information provided
during registration to keep it true, accurate, current, and
complete.
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Each Mystify account can be accessed by its/his/her holder via
the App (“Account”).
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If you provide any information to the Company that is untrue,
inaccurate, outdated or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate,
outdated or incomplete, we may terminate your Account with us
and refuse current or future use of any or all of the Services
and Mystify.
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When registering an Account, if you are registering with the
Company as a customer, you may provide the Company with your
choice of Account password and username (“Login Credentials”).
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If you are registering an Account with us as a merchant, Login
Credentials shall be provided to you by the Company.
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You hereby:
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acknowledge and agree that you are solely responsible for
maintaining the confidentiality of your Login Credentials
and for any and all activities that occur under your
account;
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agree to notify the Company immediately of any unauthorized
use of your account or of any other breach of security. The
Company shall not be liable for any loss that you may incur
as a result of any third party using your Login Credentials
or Account, either with or without your knowledge. However,
you may be held liable for losses incurred by the Company as
a result of a third party using your Account or Login
Credentials.
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acknowledge and agree that you may not use anyone else's
Account at any time, without the express permission of such
account holder.
- SAFETY
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Users will not (nor assist others to) violate any applicable
law, contract, intellectual property, or other third-party
right, and User is solely responsible for its conduct while
using our Services.
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User must not directly, indirectly, or through automated or
other means:
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engage in any harassing, threatening, intimidating,
predatory, or stalking conduct;
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use or attempt to use another user’s account without prior
authorization from that user and Mystify;
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impersonate or register on behalf of any person or entity or
otherwise misrepresent your affiliation with a person or
entity, perpetrate fraud, or publish falsehoods or
misleading statements;
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collect information of or about other users in any
impermissible or unauthorized manner;
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use our Services other than for their intended purpose or
interfere with, disrupt, negatively affect, or inhibit other
users;
- damage, disable, overburden, or impair our Services;
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send, distribute, or post spam, unsolicited electronic
communications, chain letters, pyramid schemes, or illegal
or impermissible communications;
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post, upload, or share any content which is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent, or is
in our sole judgment objectionable;
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encourage or provide instructions for a criminal offense;
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distribute any viruses, corrupted data, or other harmful,
disruptive, or destructive files or content;
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bypass, ignore, or circumvent instructions in our robots.txt
file or any measures we employ to prevent or limit access to
any part of our Services, including content-filtering
techniques; or
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expose Mystify or others to any type of harm or liability.
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Mystify users may block other users, mark user’s messages as
spam, or notify Mystify that the user is otherwise violating our
terms and policies. Mystify will then take appropriate action,
which could result in Mystify suspending or terminating the
user's use of our Services.
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When you receive unwanted communication from another person,
it's recommended that you block that person and end any
communication.
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Specifically, this will prevent that person from following you
or searching for your profile.
- When you block someone, we don't notify them.
- ANALYTICS
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We may use third-party Service Providers to monitor and analyze
the use of our Service.
- Google Analytics
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Google Analytics is a web analytics service offered by
Google that tracks and reports website traffic. Google uses
the data collected to track and monitor the use of our
Service. This data is shared with other Google services.
Google may use the collected data to contextualize and
personalize the ads of its own advertising network.
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For more information on the privacy practices of Google, please
visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en_US
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We also encourage you to review the Google's policy for
safeguarding your data:
https://policies.google.com/privacy?hl=en_US
- NO USE BY MINORS
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Service is intended only for access and use by individuals at
least (13) years old. By accessing or using any of the Company,
you warrant and represent that you are at least (13) years of
age and with the full authority, right, and capacity to enter
into this agreement and abide by all of the terms and conditions
of Terms. If you are not at least (13) years old, you are
prohibited from both the access and usage of Service.
- NINTELLECTUAL PROPERTY
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Service and its original content (excluding Content provided by
users), features and functionality are and will remain the
exclusive property of Mystify and its licensors.
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Service is protected by copyright, trademark, and other laws of
the State of Delaware.
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Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of
Mystify.
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All code, text, software, scripts, graphics, files, photos,
images, logos, and materials contained on this website, our
applications, or within the services, are the sole property of
Mystify.
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Unauthorized use of any materials contained on this Website, our
applications or within the Service may violate copyright laws,
trademark laws, the laws of privacy and publicity, and/or other
regulations and statutes. If you believe that any of the
materials infringe on any third party's rights, please contact
Mystify immediately at: [email protected]
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All content, trademarks, data, information or information
contained in any materials, or documents used in relation to the
Company and the Services, including but not limited to any and
all copyrighted works, software, databases, text, graphics,
icons, designs, logos, graphics, hyperlinks, domain names,
information and agreements (“Content”), are the
exclusive property of or are licensed to the Company. You may
not reproduce, distribute or copy the Content by any means,
whether electronically or not, without the Company’s prior
written permission.
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Any and all intellectual property rights in the Content,
Services and the Company or otherwise developed by or on behalf
of the Company, including all patents, rights in inventions,
rights in designs, trademarks, trade and business names and all
associated goodwill, rights to sue for passing off or for
unlawful competition, copyright, moral rights and related
rights, rights in databases, topography rights, domain names,
rights in information (including know how and trade secrets) and
all other similar or equivalent rights existing in the Content,
Services and the Company or otherwise developed by or on behalf
of the Company, now or in the future in any part of the world,
in each case whether registered or unregistered and including
all applications for, and renewals or extensions of, such rights
for their full term (“Intellectual Property”),
vests in the Company, its licensors or suppliers, as the case
may be, and all rights not expressly granted by the Company to
you are reserved by the Company.
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Save as expressly set out herein and in the Contracts, you shall
not acquire any right, title or interest in the Company’s
Intellectual Property. You may not use the Company’s
Intellectual Property in a manner which may (i) place the
Company’s Intellectual Property at risk of losing value, and
(ii) cause reputational damage to the Company.
- LICENSES
- Your Rights. Mystify does not claim ownership
of the information that you submit for your Mystify account or
through our Services. You must have the necessary rights to such
information that you submit for your Mystify account or through
our Services and the right to grant the rights and licenses in
our Terms.
- Mystify’s Rights. We own all copyrights,
trademarks, domains, logos, trade dress, trade secrets, patents,
and other intellectual property rights associated with our
Services. You may not use our copyrights, trademarks, domains,
logos, trade dress, patents, and other intellectual property
rights unless you have our express permission.
- Your License to Mystify. In order to operate
and provide our Services, you grant Mystify a worldwide,
non-exclusive, royalty-free, sublicensable, and transferable
license to use, reproduce, distribute, create derivative works
of, display, and perform the information (including the content)
that you upload, submit, store, send, or receive on or through
our Services. The rights you grant in this license are for the
limited purpose of operating and providing our Services (such as
to allow us to display your profile picture and status message,
transmit your messages, store your undelivered messages on our
servers for up to 30 days as we try to deliver them, and
otherwise as described in our Privacy Policy).
- Mystify’s License to You. We grant you a
limited, revocable, non-exclusive, non-sublicensable, and
non-transferable license to use our Services, subject to and in
accordance with our Terms. This license is for the sole purpose
of enabling you to use our Services, in the manner permitted by
our Terms. No licenses or rights are granted to you by
implication or otherwise, except for the licenses and rights
expressly granted to you.
- ERROR REPORTING AND FEEDBACK
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You may provide us either directly at
[email protected] or via third party sites and
tools with information and feedback concerning errors,
suggestions for improvements, ideas, problems, complaints, and
other matters related to our Service
(“Feedback”). You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the
Feedback; (ii) the Company may have development ideas similar to
the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third
party; and (iv) the Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant the Company and its
affiliates an exclusive, transferable, irrevocable,
free-of-charge, sub-licensable, unlimited and perpetual right to
use (including copy, modify, create derivative works, publish,
distribute and commercialize) Feedback in any manner and for any
purpose.
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The third party sites and tools mentioned above include the
following:
- Sentry
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Sentry is an open-source error tracking solution provided by
Functional Software Inc. More information is available here:
https://sentry.io
- LINKS TO OTHER WEBSITES
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Our Service may contain links to third party web sites or
services that are not owned or controlled by Mystify.
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Mystify has no control over, and assumes no responsibility for
the content, privacy policies, or practices of any third party
web sites or services. We do not warrant the offerings of any of
these entities/individuals or their websites.
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YOU ACKNOWLEDGE AND AGREE THAT MYSTIFY SHALL NOT BE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED
OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR
RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR
THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
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WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY
POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU
VISIT.
- DISCLAIMER OF WARRANTY
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THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE
SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM
US IS AT YOUR SOLE RISK.
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NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.
-
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
-
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER
IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT
AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF
THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE
PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE
BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
- TERMINATION
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We may terminate or suspend your account and bar access to
Service immediately, without prior notice or liability, under
our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
-
If you wish to terminate your account, you may simply
discontinue using Service.
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All provisions of Terms which by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- GOVERNING LAW
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These Terms shall be governed and construed in accordance with
the laws of the State of Delaware without regard to its conflict
of law provisions.
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Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain
in effect.
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These Terms constitute the entire agreement between us regarding
our Service and supersede and replace any prior agreements we
might have had between us regarding Service.
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Each party irrevocably agrees that the courts of the State of
Delaware shall have exclusive jurisdiction to settle any dispute
or claim arising out of or in connection with this agreement or
its subject matter or formation (including non-contractual
disputes or claims).
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Notwithstanding the specified agreement on jurisdiction, you and
the Company shall, if any dispute arises, attempt to settle it
by mutual negotiations.
- CHANGES TO SERVICE
-
We reserve the right to withdraw or amend our Service, and any
service or material we provide via Service, in our sole
discretion without notice.
-
We will not be liable if for any reason all or any part of
Service is unavailable at any time or for any period.
-
From time to time, we may restrict access to some parts of
Service, or the entire Service, to users, including registered
users.
- AMENDMENTS TO TERMS
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We may amend Terms at any time by posting the amended terms on
this site. It is your responsibility to review these Terms
periodically.
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Your continued use of the Platform following the posting of
revised Terms means that you accept and agree to the changes.
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You are expected to check this page frequently so you are aware
of any changes, as they are binding on you.
-
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms.
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If you do not agree to the new terms, you are no longer
authorized to use Service.
- INDEMNITY
-
You agree to indemnify, defend and hold harmless us and our
related entities, affiliates, and our and their respective
officers, agents, and employees, harmless from and against any
and all claims demands (actual, special and consequential) of
every kind and nature, known and unknown, including reasonable
legal fees, made by any third party due to or arising out of
your breach of these terms or your breach of any law or the
right of third party.
- WAIVER AND SEVERABILITY
-
No waiver by the Company of any term or condition set forth in
Terms shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision
under Terms shall not constitute a waiver of such right or
provision.
-
If any provision of Terms is held by a court or other tribunal
of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated
or limited to the minimum extent such that the remaining
provisions of Terms will continue in full force and effect.
- ACKNOWLEDGEMENT
-
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE
TO BE BOUND BY THEM.
- CONTACT US
-
For more information about our Term and Conditions, if you have
questions, or if you would like to make a complaint, please send
your feedback, comments, requests for technical support: by
email: [email protected].