THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT ("TERMS" OR "TERMS OF SERVICE") GOVERN THE RELATIONSHIP BETWEEN YOU ("YOU" OR "USER") AND MYTHPRODUCTIONS AND ITS AFFILIATES ("MYTHPRODUCTIONS", "WE", "US" OR "OUR") REGARDING YOUR USE OF MYTHPRODUCTION'S SERVICES, INCLUDING BUT NOT LIMITED TO, ANY CONTENT, GAMES AND/OR MOBILE APPLICATIONS, FUNCTIONALITY, PRODUCTS, AND SERVICES PROVIDED BY MYTHPRODUCTIONS ON ANY WEBSITE, PLATFORM, SOFTWARE AND/OR APPLICATION (COLLECTIVELLY, THE "SERVICE" OR "SERVICES").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE STARTING TO USE THE SERVICES. BY ACCESSING, REGISTERING FOR, PURCHASING, BROWSING, DOWNLOADING FROM AND/OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU ACCEPT AND HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE; AND (B) HEREBY CONFIRM YOU HAVE REACHED LEGAL AGE OF MAJORITY FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS OF YOUR STATE AND/OR COUNTRY OF RESIDENCE OR (IF APPLICABLE) IS GIVEN CONSENT BY THE APPROPRIATE LEGAL REPRESENTATIVE IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS AND TO THE FULL LIABILITY AND RESPONSIBILITY OF THE LEGAL PARENT OR GUARDIAN, INCLUDING BUT NOT LIMITED TO, FOR PURPOSES OF DATA PROTECTION LAWS. OTHERWISE YOU ARE NOT ALLOWED TO USE OUR SERVICES. LIABILITY FOR SUCH ACTIONS ON (B) SHALL BE IMPOSED OR UNDERTAKEN BY THE APPROPRIATE LEGAL PARENT AND/OR REPRESENTATIVE; AND (C) YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS WHEN USING OR ACCESSING OUR SERVICES, INCLUDING BUT NOT LIMITED TO, ALLOWING ANYONE ACCESS TO YOUR ACCOUNT, MAINTAINING YOUR OWN SECURITY.
MYTHPRODUCTIONS RESERVES THE RIGHT, AT ITS OWN DISCRETION, TO MODIFY, CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. IF AT ANY TIME YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES AND/OR TERMINATE YOUR USE OF THE SERVICE AT YOUR OWN RESPONSIBILITY.
IN THE EVENT THAT YOU, IN ACCORDANCE WITH ALL THE LAWS OF YOUR STATE AND/OR COUNTRY, ARE PROHIBITED FROM USING THE SERVICE OR PORTIONS THEREOF OR ANY OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE. YOU MAY ONLY USE THE SERVICES FOR LAWFUL PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICE AND/OR THE RELEVANT PART OF IT IN A LAWFUL, RIGHTFUL AND RESPONSIBLE MANNER. MYTHPRODUCTIONS DOES NOT TAKE ANY RESPONSIBILITIES OR LIABILITIES IN CASE THE USER IS BREAKING ANY LAWS.
BY ACCEPTING THESE TERMS YOU ARE ALSO AGREEING WITH OTHER MYTHPRODUCTION'S RULES AND POLICIES THAT ARE EXPRESSLY INCORPORATED INTO AND A PART OF THESE TERMS, OF WHICH FOLLOWS:
MythProductions may amend or withdraw the Services. Including but not limited to any content and/or any related service, or restrict any access (including but not limited to, by cancellation, modification, or termination) without notice and without any liabilities to you, at our sole discretion. Certain services may be restricted due to your geographic location, all of the Services may be or become unavailable to you at any time. MythProductions reserves the right to terminate or suspend any access to any of the Services based on your breach of these Terms, with or without any notice, in our reasonable discretion.
2. LICENSES A. OWNERSHIP OF CONTENT AND SERVICES
All title, ownership rights and intellectual property rights in the content and Services and any and all copies thereof, are owned by MythProductions and/or its affiliates. All rights are reserved, except as expressly stated herein.
B. RESTRICTIONS
From the moment of acceptance of these Terms, MythProductions grants you a non-transferable, non-sublicensable, revocable limited license subjects to the limitations below to access and use the Service for your own personal and non-commercial use. You agree to not use the Service for any other purposes.
Unless otherwise specified by MythProductions, you are forbidden to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any part of it. The breach of these restrictions is a criminal offence under international law and not limited to the jurisdiction of any specific country.
MythProductions reserves the right to prosecute and to take legal action against any violations in relation to section 2. B.
MythProductions reserves the right to introduce automatic updates and modifications into the Service, with or without notice. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and rules of these Terms of Service shall apply to such updates.
MythProductions also reserves the right to modify, remove and add any content, including but not limited to, functions, informational content, of the Service at any time at our own discretion without additional notice to its customers.
4. INDEMNIFICATIONExcept to the extent prohibited by law, you agree to defend, indemnify, and hold MythProductions and its affiliates, harmless from and against any and all claims and/or demands made by any third party, and any related liability, expenses (including fees and/or attorneys' fees), costs, judgements, losses, damages or other liabilities that are caused by or related to a breach of these Terms or in connection with: (A) your use of the Service, (B) your non-compliance or violation of these Terms, (C) your violation of applicable laws and regulations.
5. WARRANTY DISCLAIMERTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, MYTHPRODUCTIONS EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE SHALL BE PROVIDED "AS IS" WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM THE USE OR INABILITY TO USE ANY PRODUCT OFFERED BY MYTHPRODUCTIONS. MYTHPRODUCTIONS DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THE SERVICE OPERATION WILL CONTINUOSLY BE UNFAILING, ERROR-FREE AND VIRUS-FREE, THE MYTHPRODUCTIONS ENTITIES DO NOT WARRANT THAT THE SERVICES ARE RELIABLE, COMPLETE, ACCURATE OR ERROR-FREE. MYTHPRODUCTIONS ALSO DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTIES OR USERS.
6. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER MYTHPRODUCTIONS, NOR ITS LICENSORS AND/OR PARTNERS, NOR ANY OF MYTHPRODUCTION'S SERVICE PROVIDERS, SHALL BE LIABLE TO YOU IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE ANY PRODUCT OFFERED BY MYTHPRODUCTIONS, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR MOBILE DEVICE AND/OR ANY OTHER DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MYTHPRODUCTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH MYTHPRODUCTIONS, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF MYTHPRODUCTIONS’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF MYTHPRODUCTIONS’S WARRANTY AND REGARDLESS IF IT HAS BEEN PREDICTED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
7. NO GUARANTEESTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER MYTHPRODUCTIONS NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO ANY PRODUCTS OFFERED BY MYTHPRODUCTIONS, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
8. APPLICABLE LAW, JURISDICTIONTo the fullest extent permitted by applicable law, these Terms shall be governed and construed by the laws of Brazil (without giving effect to principles of conflicts of law). All disputes arising in connection with these Terms are strictly subject to mandatory pre-trial settlement by all Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute, all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Rio Grande do Sul, Brazil. And you consent to personal jurisdiction in these courts.
9. TERM AND TERMINATION A. Term
The term of this Agreement (the "Term" or "Terms") commences on the date you first indicate your acceptance of these terms and conditions here of, and all Terms will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by MythProductions
To the fullest extent permitted by applicable law, MythProductions reserves the right to terminate these Terms of Service with you, with or without notice, for any or no reason and its sole discretion, if you may breach these Terms of Service, or any particular Service rules and/or codes of conduct, or violation of laws.
MythProductions may restrict your access to the entirety of the Services, including but not limited to, accounts, any particular subscriptions, purchases, at any time, with or without notice, at our own sole discretion. MythProductions do not bear any liabilities to any damages or losses to you arising from restrictions.
C. Termination by You
You may terminate these Terms of Service at any time by stopping using our Services. Upon termination, MythProductions cannot guarantee the safety of any information you provided to us and to the fullest extent of the applicable law we do not bear any liabilities for misuse, loss or damages. MythProductions reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to the Services in accordance with fees agreed by you upon accordance to this agreement.
A. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is claimed or held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent of the law possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. MythProductions may freely assign any of our rights and obligations under these Terms.
B. MythProductions may assign and/or delegate its rights and obligations under this Terms of Service or any part of them to any third party without notice to you, in its own discretion and at any time. You may not assign these Terms in whole or in part to any person or entity without our consent, and any unauthorized assignment and delegation by you is ineffective.
C. You hereby accept, understand and agree that any Service may contain audio and/or video effects and/or other content that may be inappropriate to you for certain disabilities and/or disorders and/or other reasons (such reasons must be identifiable by you), which under certain circumstances can be harmful or prone to epileptic or other such disorders, you hereby confirm that you do not suffer any disabilities or disorders, otherwise you must stop using the Services immediately. By continuing using the Services, you accept and agree that long-term and unhealthy usage of your personal devices can cause various complications both on physical or mental conditions, you hereby warrant that you will take sole responsibility for such usages.
D. MythProductions reserves the right to revise these Terms of Service or any related documents incorporated into these Terms at any time, with or without notice, by updating or by notifying you or by any other means available. The revised Terms of Service or related documents are effective on the date the Terms are published.
In case any issues arise in relation to these Terms of Service, please contact us by email on mythproductions@outlook.com