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Terms Of Service

 

Effective Date: June 9th, 2023

1. Governing Agreement

The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between Mystfang Media ("we", "us", or "our") and our users ("users", "you", or "your") regarding the use of our games and related Services, which include applications for mobile devices, and our current websites and any future websites (each a "Site") created by Mystfang Media (collectively “Services”).

2. Privacy Policy

Use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read our Privacy Policy carefully and use it to make informed decisions.

By creating an account or accessing or using our Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy. If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy, or any other Mystfang Media policy, rules or codes of conduct relating to your use of our Services, your license to use our Services shall immediately terminate and you must immediately stop using our Services.

3. Grant Of A Limited License To Use Our Services 

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Mystfang Media policies, Mystfang Media grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license subject to the limitations set out herein to access and use the Services using a Mystfang Media supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose.

You understand that while, at times, you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins or energy, all for use in our Services; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); you do not in fact “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use our Services, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

4. Accessing Our Services

By accessing or using our Services, including browsing any current or future websites created by Mystfang Media or accessing a game, you accept and agree to these Terms of Service and our Privacy Policy. You may also be required to register an account on our Services (an “Account”), have a valid account on the social networking service (“SNS”) through which you connect to our Services, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. or Canadian origin, including services or software. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to our Services, including, but not limited to, a mobile device that is suitable to connect with and use our Services, in cases where our Services offer a mobile component.

You are solely responsible for any fees, including internet connection or mobile fees that you incur when accessing our Services.

5. Use Of Our Services

The following restrictions apply to the use of our Services:

  • You shall not create an Account or access our Services if you are under the age of 13.

  • You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of our Services by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors.

  • You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself.

  • You shall not have an Account or use our Services if you have previously been removed by Mystfang Media or previously been banned from playing any Mystfang Media game.

  • You shall not use our Services if you are located in a country embargoed by Canada or the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

  • You shall use your Account only for non-commercial purposes.

  • You shall not use your Account to engage in any illegal conduct.

  • You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Mystfang Media's written permission.

  • You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Mystfang Media's permission.

  • If you access our Services from a SNS you shall comply with its Terms of Service/use as well as these Terms of Service.


 

6. Account Information

When using our Services you may choose to create an Account (using PlayFab). If you do create an Account, you agree that you shall take all steps necessary to protect your login information and keep them secret. When creating or updating an Account on our Services, you may be required to provide us with certain personal information, which may include your first name, last name, user name, and email address. This information will be held and used in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, promptly provided at the point of information collection or use. You agree that you will provide accurate and complete information to Mystfang Media, and that you will update that information after it changes.

Mystfang Media may send periodic communications to emails used to sign up, for website or game announcements, important changes, events, offers or any other information. You can always opt-out of these communications at any time.

7. User Name And Password

During the Account creation process, you may be required to select a user name and password (“Login Information”). The following rules govern the security of your Login Information:

  • You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.

  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Mystfang Media and modify your Login Information.

  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you.

  • You are responsible for anything that happens through your Account.

Mystfang Media reserves the right to remove or reclaim any user names at any time and for any reason, including but not limited to claims by a third-party that a user name violates such third-party’s rights.

8. In-Game Purchases

You may purchase Virtual, In-Game Currency and Items in exchange for “real money.” This is a transaction between you and Apple/Google and Mystfang Media is not a party. If you purchase Virtual Currency or Virtual Items, you are agreeing to Apple’s or Google’s (our payment providers) Terms relating to payments. Buying or using Virtual Currency or Virtual Items does not give you intellectual property ownership of the Virtual Currency or Virtual Items and cannot be used outside of the Services.

You agree that all sales by us to you of Virtual Currency or Virtual Items are final and that we will not refund any transaction once it has been made. A “purchase” is said to be complete at the time your purchase is validated and the applicable Virtual Currency or Virtual Items are successfully credited to your Account.

If you do not register/connect your game play on a device to an Account, with a user name, email address, and password, we will not be able to restore any Virtual Currency, Virtual Items, or other data associated with your game play to a different device. This includes if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

  • Any risk of loss of Virtual Currency and Virtual Items which you purchase from us is transferred to you upon completion of the purchase as described above.

  • Any risk of loss of Virtual Currency and Virtual Items that you receive from us without making a purchase is transferred to you at the time the Virtual Currency or Virtual Items are successfully credited to your Account.

  • Any risk of loss of other data associated with your game play (including, without limitation, your progress through the game, or the level or score you have reached in our games) is transferred to you immediately at the time which that game play data is created by you.

The data associated with Virtual Currency and Virtual Items, whether purchased by you or otherwise credited or awarded to you may be stored on PlayFab servers or locally on your device, depending on the game. These Virtual Currencies and Virtual Items may not be synced between different devices if not registered/connected to an Account with a user name, email address, and password. Accordingly, any risk of loss of this data is transferred to you upon completion of the purchase, as described above, at the time the Virtual Currency or Virtual Items are credited or awarded to you.
 

9. Rules Of Conduct/Usage

You agree that you will not, under any circumstances:

  • Engage in any act that Mystfang Media deems to be in conflict with the spirit or intent of our Services, including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics or policies.

  • Make improper use of Mystfang Media’s support services, including by submitting false reports or using profane and abusive language in your communications with our support personnel.

  • Use our Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.

  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with our Services or any Mystfang Media game experience.

  • Use our Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with our Services or any Mystfang Media game experience.

  • Without Mystfang Media’s express written consent, modify or cause to be modified any files that are a part of our Services.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server and/or cloud services used to offer or support our Services or any Mystfang Media game environment (each a “Server”); or (b) the enjoyment of our Services or any Mystfang Media game by any other person.

  • Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon our Services, or other attempts to disrupt our Services or any other personal use or enjoyment of our Services.

  • Attempt to gain unauthorized access to our Services, Accounts registered to others or to the computers, Servers, or networks connected to our Services by any means other than the user interface provided by Mystfang Media, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of our Services.

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group, including Mystfang Media employees.

  • Make available through our Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Mystfang Media employee.

  • Without Mystfang Media’s express written consent, use our Services or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring Virtual Items for sale.

  • Use our Services or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside our Services.

  • Transmit unauthorized communications through our Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.

  • Interfere or attempt to interfere with the proper functioning of our Services or connect to or use our Services in any way not expressly permitted by these Terms of Service.

  • Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through our Services or that is in transit from or to our Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by our Services to store information about Mystfang Media game characters, elements, or environment. Mystfang Media may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

  • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or our Services, whether through the use of a network analyzer, packet sniffer or other device.

  • Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

  • Bypass any robot exclusion headers or other measures we employ to restrict access to our Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data.

  • Use, facilitate, create, or maintain any unauthorized connection to our Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of our Services; or (b) any connection using programs, tools, or software not expressly approved by Mystfang Media.

  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Services, or to obtain any information from our Services using any method not expressly permitted by Mystfang Media.

  • Copy, modify or distribute rights or content from any Mystfang Media site or game, or Mystfang Media’s copyrights or trademarks or use any method to copy or distribute the content of our Services except as specifically allowed in these Terms of Service.

  • Solicit or attempt to solicit personal information from other users of our Services.

  • Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through our Services.

  • Upload or transmit or attempt to upload or transmit, without Mystfang Media’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

These rules of use are not meant to be exhaustive, and Mystfang Media reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Services and to take action up to and including termination of your Account and exclusion from further participation in the Services.

Any use of our Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted herein, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH OUR SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY MYSTFANG MEDIA GAME IS A VIOLATION OF MYSTFANG MEDIA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

10. Suspension And Termination Of Account And Services

WITHOUT LIMITING ANY OTHER REMEDIES, MYSTFANG MEDIA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO OUR SERVICES OR PORTIONS THEREOF IF YOU ARE, OR MYSTFANG MEDIA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF OUR SERVICES, AND MYSTFANG MEDIA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE OUR SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING OUR SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD-PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

Mystfang Media reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, Mystfang Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.

Termination of your Account can include disabling your access to our Services or any part thereof.

You may cancel any Account registered to you at any time by Contacting Us.

11. Ownership

11.1 Games And Services

Our Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Mystfang Media game client, and the Mystfang Media game clients and server software) are copyrighted works either owned by or licensed to Mystfang Media. Mystfang Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our Services. This includes mystfangmedia.com and any future websites created by Mystfang Media.

11.2 Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MYSTFANG MEDIA. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH MYSTFANG MEDIA WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

11.3 Virtual Items 

Mystfang Media owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in our Services, including without limitation the Virtual Currency and Virtual Items appearing or originating in any Mystfang Media game, whether “earned” in a game or “purchased” from Mystfang Media, or any other attributes associated with an Account or stored on our Services.

Mystfang Media prohibits and does not recognize any purported transfers of Virtual Currency or Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services, unless otherwise expressly authorized by Mystfang Media in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Currency or Virtual Items for “real” money, or exchange Virtual Currency or Virtual Items for value of any kind outside of a game, without our written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

12. Fees And Purchase Terms

12.1 Purchases

Our Services may include an opportunity to purchase Virtual Currency or Virtual Items that may require you to pay a fee using legal tender (“real money”) to obtain the Virtual Currency or Virtual Items. 

Your purchase of Virtual Currency or Virtual Items is final and is not refundable, exchangeable, or transferable, except in Mystfang Media's sole discretion. 

You may not purchase, sell, or exchange Virtual Currency or Virtual Items outside of our Services. Doing so is a violation of the Terms and may result in termination of your Account with our Services and/or legal action. You can license Virtual Currency and Virtual Items by visiting the shop page in some of our games and proceeding with Apple or Google to complete your purchase. When making a purchase, you are agreeing to either Apple or Google's Terms relating to payments. Your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when we make the Virtual Currency or Virtual Items available for you to use in our games.

Your license to Virtual Currency and Virtual Items for use in our games is a service provided by us that commences upon acceptance by us of your purchase. By ordering a license to use Virtual Currency or Virtual Items you agree and accept that we will provide it to you promptly following completion of your purchase.

If you reside in the European Union and you purchase a product or service from Mystfang Media, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Currency or Virtual Items from us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.

12.2 Payment Of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the goods and services we license to you through our Services at any time. YOU ACKNOWLEDGE THAT MYSTFANG MEDIA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

13. Third-Party Advertising

13.1 Third-Party Advertisements

You understand that our Services may feature advertisements from third-parties. Mystfang Media's disclosure of information for third-party advertising is addressed in Mystfang Media's Privacy Policy.

13.2 Links To Third-Party Sites And Dealings With Advertisers

Mystfang Media may provide links on the Services to third-party websites (including Social Media Channels) or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third-parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third-party, even if linked to from our Services, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of Mystfang Media and may collect data or solicit personal information from you. Mystfang Media is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Mystfang Media of these linked sites.

When you access third-party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third-party websites or services and that you will act in accordance with those policies, in addition to your obligations under this agreement. 

14. Copyright Notices/Complaints

It is Mystfang Media's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Mystfang Media reserves the right to terminate, without notice, any user's access to the Services if that user is determined by Mystfang Media, in its sole discretion, to be a “repeat infringer.” In addition, Mystfang Media accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

15. Updates To Our Services

You understand that our Services are constantly evolving. We may require that you accept updates to our Services and to our games you have installed on your computer or mobile device. You acknowledge and agree that Mystfang Media may update the Services with or without notifying you. You may need to update third-party software from time to time in order to receive our Services and play our games.

16. Disclaimers / Limitations / Waivers / Indemnification

16.1 Disclaimer Of Warranties

You expressly agree that use of our Services is at your sole risk and 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 non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).

Without limiting the foregoing, neither Mystfang Media nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “Mystfang Media parties”) warrant that the Services will be uninterrupted or error-free.


 

16.2 Limitations; Waivers Of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE MYSTFANG MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE MYSTFANG MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MYSTFANG MEDIA PARTIES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE MYSTFANG MEDIA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID MYSTFANG MEDIA IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID MYSTFANG MEDIA ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MYSTFANG MEDIA IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MYSTFANG MEDIA.

16.3 Indemnification

You agree to indemnify, save, and hold Mystfang Media, its affiliated, subsidiary and parent companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Mystfang Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Mystfang Media, and you agree to cooperate with Mystfang Media's defense of these claims. Mystfang Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.

 

17. Dispute Resolution

17.1 General

If a dispute arises between you and Mystfang Media, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Mystfang Media agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first Contact Us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

17.2 Law And Forum For Legal Disputes

By visiting or using our Services, you agree that the laws of the Province of Ontario and the applicable laws of Canada, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Mystfang Media. Any claim or dispute between you and Mystfang Media that arises in whole or in part from these Terms or your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Ontario, Canada.

17.3 Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

17.4 Improperly Filed Claims

All claims you bring against Mystfang Media must be resolved in accordance with the Terms. All claims filed or brought contrary to the Terms shall be considered improperly filed. Should you file a claim contrary to the Terms, Mystfang Media shall be entitled to recover attorneys’ fees and costs up to $10,000 USD, provided that Mystfang Media has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. Severability

You and Mystfang Media agree that if any portion of these Terms of Service or of the Mystfang Media Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

19. General Provisions

19.1 Assignment

Mystfang Media may assign or delegate these Terms of Service and/or the Mystfang Media Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Mystfang Media's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

19.2 Supplemental Policies

Mystfang Media may publish additional policies related to specific Services such as applications for mobile devices, forums, or contests. Your right to use such Services is subject to those specific policies and these Terms of Service.

19.3 Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Mystfang Media's Privacy Policy), contain the entire understanding of you and Mystfang Media, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

19.4 Trademark

Unlawful use of our trademarks is strictly prohibited. Such trademarks shall include, but are not limited to:

  • "Mystfang Media"

  • "DraeAscaria"


 

19.5 Language Of The Terms Of Service

If we provide you with a translation of the English language version of these Terms of Service, the Mystfang Media Privacy Policy or any other policy (collectively “Mystfang Media Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Mystfang Media Policies.

In the event of a conflict between a translation of the Mystfang Media Policies and the English version, the English version of the Mystfang Media Policies will control.

19.6 No Waiver

The failure of Mystfang Media to require or enforce strict performance by you of any provision of these Terms of Service or the Mystfang Media Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Mystfang Media's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Mystfang Media of any provision, condition, or requirement of these Terms of Service or the Mystfang Media Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Mystfang Media shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Mystfang Media.

19.7 Notices

We may notify you via postings on www.mystfangmedia.com, on app-store pages, Social Media Channels, and via email or any other communications means using contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Mystfang Media Privacy Policy shall be in writing, submitted through our Contact Us page, and will include your full name and a detailed description of why you are contacting us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

19.8 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Mystfang Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Mystfang Media and which cannot be replaced by monetary damages alone. Accordingly, Mystfang Media shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Mystfang Media game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by as set out herein.
 

19.9 Force Majeure

Mystfang Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mystfang Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Mystfang Media's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


 

20. Updates To The Terms Of Service And Privacy Policy

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and our Privacy Policy at any time by posting the amended Terms on or within our Services. You may also be given additional notice, such as an email message or messaging within our Services, of any changes. You will be deemed to have accepted such changes by continuing to use our Services. Except as otherwise stated, all amended terms shall automatically be effective after they are initially posted. Mystfang Media may also revise other policies, codes or rules at any time, and the new versions will be available at www.mystfangmedia.com or in the Services. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Mystfang Media had actual notice before the date of the amendment.

To the extent the Terms of Service or Mystfang Media Privacy Policy conflict with any other Mystfang Media terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Mystfang Media Privacy Policy shall govern.

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