Mystic Lantern - Terms and Conditions

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Terms of Service

Please read this carefully. By using this website, you agree to be bound by the following terms of service.

General

This website is for entertainment purposes only and purchases of any services are not refundable. The website is for users over 18 years of age. If you are under 18, you must leave now. Keep things civil - This is a website dedicated to peace and enlightenment. Abusive, negative or ungrateful behavior will not be tolerated here.

Responsibility

You are responsible for you actions. Not a website, not anyone offering opinions, advice or suggestions. You have free will, which means you are free to solicit advice, suggestions and opinions. However, the responsibility for any choices you make will always be yours, and yours alone. If you do not agree with this basic principle, you must leave now and do not return to this website.

Online Services

You agree that all online services are for fun / entertainment purposes only and payments cover hosting costs and Sedra's time to personally read, and respond to, your requests. No AI or Bots are used on this site. All sales for services are final. Certain members may, from time to time, be offered a complimentary service - at Sedra's discretion.

Content Guidelines

You agree not to post, upload or transmit to the servers of Mystic Lantern any communications, text, graphics or other information (collectively, "Material") that:

Is fraudulent, relates to hate-groups or other racist activities
Defames, abuses, harasses or threatens others
Contains any viruses, trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Advocates or encourages any illegal activity
Spams or "mass" e-mails any user, visitor or member of Mystic Lantern
Infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party
Violates the privacy of individuals, including other users of the Site
Violates any applicable local, state, national, or international law.

User shall comply with all laws and regulations applicable to User's use of the Mystic Lantern website. User shall not attempt to circumvent rules relating to complimentary services. Mystic Lantern, at its sole discretion, shall determine the User's compliance with the foregoing guidelines and reserves the right to delete (and/or demand the deletion of) without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason, and/or to discontinue services to the User (without adjustment to price) until adequate assurances are provided that the non-complying activities will cease.

Disclaimer and Limitation of Liability

THE MYSTIC LANTERN SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYSTIC LANTERN MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. MYSTIC LANTERN MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, MYSTIC LANTERN SHALL HAVE NO LIABILITY FOR:

Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder
Any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by User of the Internet generally
Any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Mystic Lantern has been advised of the possibility of such damages; or
Any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Mystic Lantern's negligence) arising out of or in connection with the Information, the Services, the Site or the Terms of Use.
Notwithstanding any provision of these Terms of Use to the contrary, Mystic Lantern's total liability to User is limited to $20.00. Some states do not allow the foregoing limitations of liability, so they may not apply to User. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to User.

Privacy and Communications

Any communication, information or other material User transmits or posts to the Site, by electronic mail or otherwise (other than personally identifiable information about User), including any answers to questions, comments, suggestions, or other data supplied by User is, and will be treated as confidential unless presented in a public forum.

In the case of statements made in group settings, User hereby grants to Mystic Lantern a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. Mystic Lantern's use of personally identifiable information, as well as use of cookies and other tracking methods, is governed by the terms of the Privacy Policy, as adopted and/or amended from time to time. By accepting these Terms of Use by registering for the Mystic Lantern Services, User expressly consents to Mystic Lantern's use of User's information, as set out in Mystic Lantern's then-current Privacy Policy, which is incorporated herein by reference. Because Mystic Lantern's Privacy Policy may change from time to time, User should also review it regularly for updates.

Representations and Warranties

User represents and warrants that:

User has full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;

All factual assertions that User has made and will make to Mystic Lantern are true and complete;
User (if a natural person) is of the age of majority, has the right to enter into legally binding agreements, and has the full and complete right to agree to these Terms of Use;
Mystic Lantern's use of User's marks, and any updates and modifications of them, shall not violate or infringe any intellectual property rights or any publicity or privacy right;
Mystic Lantern's reference or link or handling the User's Material or any part of it from Mystic Lantern or any other part of the service shall not breach any content standards requirements or codes promulgated by any relevant authority including all authorities to whom User and Mystic Lantern may be subject and also including the Internet Industry

Indemnification

User shall indemnify hold harmless and defend Mystic Lantern and the officers, directors, employees, partners, principals, agents and representatives of Mystic Lantern from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees arising out of or relating to any breach by User of any covenant, representation or warranty made by User in this Agreement, including without limitation, any claims that User's programming violates the intellectual property rights of any third parties.

Limitation of Liability

Mystic Lantern's total liability to User under this Agreement (for any and all actual or threatened claims under any theory) is strictly limited to the amount of payments and fees actually issued to Mystic Lantern by User under this Agreement for the term in which the subject of the claim or demand applies.

Termination

Mystic Lantern, in its sole discretion, shall determine User's compliance with the foregoing Agreement. Mystic Lantern reserves the right terminate this Agreement with or without reason or prior notice (except as otherwise specifically provided for herein) and to take whatever action it deems necessary to limit potential liability upon itself and to cooperate with any pending legal investigation. Without limiting the foregoing, Mystic Lantern may terminate User's use of the Services or access to the Site immediately and without notice if: (a) User breaches these Terms of Use; (b) User infringes the intellectual property rights of a third party in connection with the Services; (c) Mystic Lantern is unable to verify or authenticate any information User provides to it, or (d) any material uploaded or transmitted by User to the Site violates any applicable laws or rights of any third party.

Governing Law and Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the applicable laws of the USA, including U.S. intellectual property laws, and the laws of the State of Iowa, without regard to conflict of laws principles. User and Mystic Lantern agree that any and all disputes arising out of or related to these Terms of Use shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph). Any arbitration arising out of or related to these Terms of Use shall be held in Cedar Rapids, Iowa, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) will be completed within sixty (60) days thereafter, the hearing will occur within thirty (30) days thereafter and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of such hearing. To the extent litigation is appropriate or necessary in addition to the binding arbitration procedure outlined above, the User and Mystic Lantern consent to the exclusive jurisdiction of the federal and state courts of the State of Iowa for any and all such proceedings.

Changes to the Services

Mystic Lantern reserves the right to change, suspend or discontinue any aspect of the Mystic Lantern Services or the Site at any time. Mystic Lantern will attempt to provide reasonable notice of such changes to the Services. Mystic Lantern may also impose limits on features or restrict access to parts of its site. Mystic Lantern may amend these Terms of Use at any time by posting amended Terms of Use on its web page. The amended Terms of Use shall be effective immediately upon posting. Mystic Lantern therefore encourages User to review these Terms of Use frequently.

No Equitable Relief

In no event shall User be entitled to injunctive or other equitable relief based on any act or omission of Mystic Lantern, or any breach of this Agreement by Mystic Lantern.

Entire Agreement

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.

Severability

The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of the Agreement shall continue in full force and effect.

No Waiver

Any delay or failure on the part of Mystic Lantern to enforce any of its rights hereunder shall not be construed as a waiver of Mystic Lantern's right to strictly enforce this Agreement at any subsequent time.

Survival and Assignment

The provisions containing the User's representations, warranties and payment and/or indemnification obligations shall survive any termination of this Agreement. User may not assign this Agreement without Mystic Lantern's prior written approval.

Contact Information

Mystic Lantern abides by the laws and guidelines of the Internet. We welcome any inquiries as to the use of collected information and cookies, site methodology, or company methods and practices. If you have any questions, comments or corrections regarding personally identifiable information obtained through us, please e-mail sales@mysticlantern.com