MetaMystics
Terms of Service (TOS)
All services provided by The MetaMystics, LLC, TheMetaMystic.com, MetaMysticPublishing.com, MetaMysticBooks.com, BookofAtlantis.com, Smartshopplus.com and any other site owned or operated by The MetaMystics, LLC (hereafter referred to as MetaMystics) are subject to the following Terms of Use ("TOS"). MetaMystics reserves the right to update the TOS at any time without notice to you. To view the most current version of the TOS, click on the "Terms of Service" link at the bottom of our web site.
Restrictions on UseUnless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services.
Your AccountTo have the ability to access our website and services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.
In consideration of your use of any service provided by MetaMystics, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if MetaMystics has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, MetaMystics has the right to disable or terminate your account and refuse any and all current or future use of the site.
Advertising PurchaserPurchase of any advertising opportunity offered on MetaMystics is subject to the formating and conditions listed with each offer. If you do not understand the terms for format specifications, contact us at customerservice@themetamystic.com and ask.
EligibilityYou must be 18 (eighteen) or older to register as a Member of MetaMystics. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 13 are not permitted to use this website.
Payment and BillingPayment for MetaMystics services or products is to be made by credit card or other means by which MetaMystics authorizes. Payment must be received by MetaMystics prior to delivery of any service or product.
Customers must promptly inform MetaMystics of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until MetaMystics is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.
Refund PolicyAll purchases are final. No refunds or returns on any product or service unless it specfically states that it is covered by a guarantee. When there is a statement that a product or service is covered by a guarantee, the stated guarantee terms govern any refund policy for that specific product or service.
Content Posted on the SiteYou understand and agree that MetaMystics may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of MetaMystics violate this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to MetaMystics an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. MetaMystics reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; seeks to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ; displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. You must use the Service in a manner consistent with any and all applicable laws and regulations.
Although MetaMystics cannot monitor the conduct of its Subscribers off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. You are solely responsible for your interactions with other MetaMystics Subscribers. MetaMystics reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
TerminationMetaMystics reserves the right to cancel or terminate an individual's account if there is speculation of misconduct or similar behaviors. Should you breach this Agreement, MetaMystics will revoke your license to use the Service and suspend your right of access. In such a case, no portion of any subscription payment will be refunded.
Should MetaMystics decide to suspend the Service for any reason other than breach, we will refund to you the unused pro-rata portion of any subscription payment you may have made, which will be your sole and exclusive remedy upon such a suspension of service.
Should you have any inquires regarding billing, this should be directed to our Customer Support Team via email to customerservice@themetamystic.com.
Modifications to ServiceThese Terms of Service were last modified on October 14, 2011. At any time and without prior notice, MetaMystics shall have the right, in its sole discretion, to modify, add or remove terms of these Terms of Service, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this website and/or the MetaMystics services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that MetaMystics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Advertiser LinksThese websites may contains links to Internet websites maintained by third parties. MetaMystics does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by MetaMystics and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.
Disclaimers of WarrantiesThe products, offerings, content and materials (including, without limitation, the Fee-Based products) on these websites are provided "as is" and without warranties of any kind, either express or implied. MetaMystics disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
Neither TheMetaMystic.com, The MetaMystics, LLC, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that these websites or any function contained in these websites will be uninterrupted or error-free, that defects will be corrected, or that these websites or the servers that make these websites available are free of viruses or other harmful components.
Neither TheMetaMystic.com, The MetaMystics, LLC, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in these websites in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
Limitation of LiabilityYou expressly understand and agree that MetaMystics, and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use these websites (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on these websites or any website or websites linked to these websites, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from these websites (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to these websites. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing any of these websites. If you are dissatisfied with any portion of our websites, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of these websites.
IndemnityYou agree to indemnify and hold TheMetaMystic.com, The MetaMystics, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above.
All questions relating to these websites validity, interpretation, performance and enforcement, including the Terms of Service, shall be governed by and construed in accordance with the laws of the State of Nevada. Any action relating to these websites validity, interpretations, performance and enforcement, including the Terms of Service, must be brought in the federal or state courts located in Las Vegas, NV, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms of Service will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of TheMetaMystic.com or The MetaMystics, LLC.
MetaMystics will not be responsible or liable to you for any delay or failure to perform under these Terms of Service if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of MetaMystics.
Special Admonitions for International UseRecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from these Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from these Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITEIN NO EVENT SHALL METAMYSTICS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MetaMystics server, or the network(s) connected to any MetaMystics server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any MetaMystics server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
COPYRIGHT NOTICECopyright 2011 THE METAMYSTICS, LLC.
TRADEMARKSTheMetaMystic.com and/or other MetaMystics products referenced herein are either registered trademarks or trademarks of The MetaMystics, LLC in the U.S. and/or other countries. Any rights not expressly granted herein are reserved. Send your questions to the appropriate contact as listed below:
- • The MetaMystics, LLC, contact customerservice@themetamystic.com
These Terms of Service represent the complete and entire agreement between MetaMystics and you and supercede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms of Service and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using MetaMystics services and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service.
We sincerely hope you enjoy your use of the MetaMystics site(s). Please understand that these rules help make it possible to offer our valued users these Services.
IMPORTANTThese Terms of Service for MetaMystics Services ("Agreement") is a legal agreement between you and The MetaMystics, LLC. By initiating a purchase or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms of Service.