2. Who can use Mythic MarketsThis Service is intended solely for Users who, if they are a natural person, are eighteen(18) years of age or older, and any registration by, use of or access to the Service by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, Mythic Markets may terminate your membership, delete your profile and any content or information that you have posted on the Service and / or prohibit you from using or accessing the Service(or any portion, aspect or feature of the Service), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
3. Update to these Terms of ServiceWe may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on the Service and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Terms of Service. You are responsible for providing us with your most current email address. In the event that the last e - mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e - mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty(30) calendar days following our dispatch of an email notice to you(if applicable) or thirty(30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Mythic Markets reserves the right to terminate access to the Service or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its Users. Any access or attempt to access or use a Service for any unauthorized or illegal purpose is strictly prohibited.
4.1 Subject to the terms of this Agreement, Company grants you a non - transferable, non - exclusive, revocable, non - sublicensable, limited license to use and access the Services on a personal computer or mobile device that User owns or controls in accordance with the terms of this Agreement. Mythic Markets shall have no obligation to support User’s use of the Services in the event that: (i) User modifies the Service(or any component thereof) without Mythic Markets' prior written consent; (ii) any error is caused in whole or in part by persons other than Mythic Markets, including without limitation, User’s failure to properly enter or transmit data; or (iii) any error is caused in whole or in part by User’s use of the Service in association with operating environments and platforms other than those specified by Mythic Markets.
4.2 To the extent that the Service incorporates any third - party software licensed by Mythic Markets, then, in addition to the terms set forth herein, User must comply with any additional terms, restrictions, or limitations applicable to such third - party software. Additionally, User acknowledges that Mythic Markets shall have the right to subcontract performance of its hosting services, credit card and payment processing services and other services, in which event the service levels provided by any third - party hosting provider(including, without limitation, any service levels that are stricter than the service levels offered by Mythic Markets), credit card or payment processor or other service provider will be incorporated herein by reference.
4.3 User shall procure, install and maintain all equipment, data plans, Internet connections and other hardware(other than the hardware constituting the support center maintained at Mythic Markets' facilities) necessary for User to connect to and access the Service. Mythic Markets is not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. User is responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by User’s carrier to access the Service.
5. User IDsUser will comply with all Mythic Markets rules and regulations and security restrictions in connection with use of the Service. Each User will be assigned a unique User identification name and password for access to and use of the Service(“User ID”). User shall be solely responsible for ensuring the security and confidentiality of all User IDs. User acknowledges that it will be fully responsible for all liabilities incurred through use of any User ID and that any transactions under a User ID will be deemed to have been performed by User. Use of any User ID other than as provided in this Agreement shall be considered a breach of this Agreement by User.
6. Proprietary RightsMythic Markets does not grant to the User any rights to any intellectual property, including without limitation copyright, patent, trademark, trade secret or any other proprietary right, relating to the Service or to any other materials furnished unless this Agreement specifically provides for such a right. User acknowledges Mythic Markets' proprietary rights in the Service and associated documentation and shall protect the proprietary nature thereof. If User suggests any new features, functionality or performance for the Service that Mythic Markets subsequently incorporates into the Service (or any other software or service), User hereby acknowledges that (i) Mythic Markets shall own, and has all rights to use, such suggestions and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of Mythic Markets; and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Mythic Markets. User shall not sell, lease, or otherwise transfer or distribute the Service or its associated documentation, in whole or in part, without prior authorization in writing from Mythic Markets. The User will promptly notify Mythic Markets in writing upon its discovery of any unauthorised use or infringement of the Products or Mythic Markets’ intellectual property rights with respect thereto. Mythic Markets will have the sole and exclusive right to bring an infringement action or proceeding against a third party, and, in the event that Mythic Markets brings such an action or proceeding, the User will co - operate and provide full information and assistance to Mythic Markets and its counsel in connection with any such action or proceeding. Failure by the User to promptly notify Mythic Markets and so cooperate shall be considered a breach of a material term of this Agreement.
7. Conduct Within Communication Services of SiteThe Services may contain email notifications, bulletin board services, service groups, forums, communities, customized web pages, calendars, files and / or other message or communication facilities designed to enable you to communicate and / or interact with others(each a "Communication Service" and collectively "Communication Services"). User agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages(commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws(or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and / or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide(whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
8. User Information & Privacy; Data Retention and Collection
8.1 User grants to Mythic Markets a non - exclusive license to copy, use and display any and all personally identifiable data, information or communications sent, or entered by Users while accessing the Service(“User Information”) solely to the extent necessary for Mythic Markets to provide the Services, including, without limitation, communicating with Users, responding to requests that User makes, to improve the Services and to better tailor the features, performance and support of the Services, and to offer User’s additional information, opportunities, and functionality. User agrees that Mythic Markets may provide the User Information to third party service providers who work on behalf of or with us to provide some of the features of the Services(“Service Providers”) and to help us communicate with you. However, these Service Providers do not have any independent right to share this User Information(except pursuant to a legal requirement such as a subpoena or warrant). User acknowledges that Mythic Markets exercises no control whatsoever over the content of the User Information and it is the sole responsibility of User, at its own expense, to provide the information, and to ensure that the information Users transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Mythic Markets is under no obligation, however, to review User Information for accuracy, potential liability or for any other reason.
8.2 User agrees that Mythic Markets' and any Service Provider’s obligation to keep or maintain any User Information obtained in the course of performance of the Service shall not extend beyond the expiration of thirty (30) days following the User’s ceasing use of the Service. Mythic Markets will provide a copy of User Information in the hosted format (at User’s expense) provided that User requests such copy, in writing, within ten (10) days following the User ceasing to use the Service.
8.3 Mythic Markets and any Service Providers shall have the right to utilize data capture, syndication and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze any non - personally identifiable data or information(including, without limitation, User Information) resulting from User’s access and use of the Service(“Blind Data”). To the extent that any Blind Data is collected by Mythic Markets or any Service Providers, such Blind Data shall be solely owned by Mythic Markets or the Service Provider(as applicable) and may be used by Mythic Markets or the Service Provider(as applicable) for any lawful business purpose without a duty of accounting to User, including, without limitation, providing User with the opportunity for User to benchmark itself against its peers, provided that the Blind Data is used only in an aggregated form, without specifically identifying the source of the Blind Data. Without assuming any obligations or liabilities of User, Mythic Markets agrees to, and shall procure that any Service Providers agree to, use commercially reasonable efforts to comply with the applicable U.S. laws and regulations respecting the dissemination and use such Blind Data.
8.4 As User navigates the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
- Information You Give Us. We collect your name, postal address, email address, phone number, username, password as well as other information you directly give us on our Site.
- Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.
- Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page and information about your use of and actions on our Site.
- Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies(which expire once you close your web browser) and persistent Cookies(which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
- Analytics. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Services. For more information about Google Analytics, please visit www.google.com / policies / privacy / partners /. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
8.5 Except as otherwise stated in this Agreement, Mythic Markets does not trade, rent, or share User’s “Personal Information” (ie. information about a User that is personally identifiable to the User, such as name, address, email address, phone number, social security number, employment details, answers to investor suitability questions and credit card and payment information) with third parties, unless you ask or authorize us to do so, provided, however, that Mythic Markets may provide User Information and your Personal Information to Service Providers or to any third person as is required by law, rule or regulation applicable to Mythic Markets, or by any court, governmental agency, commission, authority, regulatory body, board or similar entity or body having jurisdiction over Mythic Markets that has requested the information in accordance with its lawful authority. However, these Service Providers do not have any independent right to share this information(except pursuant to a legal requirement such as a subpoena or warrant).
8.6 Mythic Markets uses reasonable administrative, technical, personnel and physical measures to safeguard Personal Information in Mythic Markets' possession against loss, theft and unauthorized use, disclosure or modification, provided, however, User acknowledges and agrees that no website, application or Internet transmission is completely secure. Accordingly, Mythic Markets cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur and cannot be held liable for any unauthorized access or use of the User’s data. User’s use of the Services is at User’s own risk.
8.7 If Mythic Markets or its assets are acquired by a third - party, that third - party will possess the User Information and Personal Information collected by Mythic Markets and it will assume the rights and obligations regarding User Information and Personal Information as described in this Agreement. Additionally, Mythic Markets may disclose User Information and Personal Information if Mythic Markets believes in good faith that such disclosure is necessary to(a) comply with relevant laws or to respond to subpoenas or warrants served on us; or(b) to protect and defend the rights or property of us, users of the Services or third parties. By using the Services, you hereby agree and consent to the transfer or assignment of your User Information and Personal Information as provided herein, and you further waive any claims that could be made against us in relation thereto.
8.8 Mythic Markets offers you choices regarding the collection, use and sharing of your Personal Information. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt - out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly(please see contact information below). You may change any of the Personal Information in your Service profile by editing your information in your profile.
9. User Restrictions
The User agrees not to(i) modify, alter, or create any derivative work of the Service, including but not limited to inclusion of any other software; (ii) make any copies of the Service or any portion thereof; (iii) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Service; (iv) modify the documentation; (v) upload or distribute in any way files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of the Service or another’s computer; (vi) use the Service for illegal purposes; (vii) violate or attempt to violate the security of the Service and from using the Service to violate the security of other websites by any method; (viii) access data not intended for User or logging into a server or account which User is not authorized to access; (ix) interfere or disrupt networks connected to the Service; (x) upload, post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature; (xi) upload amounts of data and / or materials in excess of any limits specified by Mythic Markets from time to time and not to create large numbers of accounts or otherwise transmit large amounts of data so as to clog the Service or comprise a denial of service attack or otherwise so as to have a detrimental effect on the Services; or(xii) upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability. Mythic Markets may take whatever remedial action it determines in its sole discretion is appropriate if User violates these restrictions, including, but not limited to, immediate suspension or cancellation of the Service.
Mythic Markets controls and operates its Service from its headquarters in the United States and the Service is intended only for users within the United States. If User uses this Service outside the United States of America, User is solely responsible for following applicable local laws and determining, among other things, whether User’s use of the Service violates any of those local laws.
10. Investment Opportunities
User acknowledges that the Service may, from time to time, provide a User with the opportunity to make an investment in the partial ownership of a comic book or card, or a legal entity that owns comic books or cards. Any such opportunity for a User to make any such investment shall, at all times, be made available only through a transfer agent or broker - dealer registered with the U.S. Securities Exchange Commission and further application, as determined by Mythic Markets in its sole discretion. User acknowledges that it has no right to make any investment solely by downloading and / or otherwise accessing the Service. Furthermore, any User who invests in a legal entity that owns comic book(s) or card(s) via the Service acknowledges that transfer of such ownership interests is restricted by federal and state securities law. As such, Users are prohibited from offering such ownership interests for sale via Communication Services. User acknowledges and understands that Mythic Markets makes no recommendation with respect to the purchase of, or any investment decision made in respect of, any security, and is providing User with no investment advice whatsoever. User acknowledges that Mythic Markets does not and will not provide User with any legal, tax, estate planning or accounting advice. Further, Mythic Markets will not provide User with any advice regarding the suitability, profitability or appropriateness for me of any security, investment, or other matter. Unless otherwise specified in writing, I acknowledge that Mythic Markets employees are not authorized to give any such advice, and I will neither solicit nor rely on any investment advice from any Mythic Markets employee.
Nothing in this Agreement constitutes an offer, or a solicitation of an offer, to buy or sell securities. User further acknowledges that Mythic Markets neither assumes responsibility for nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by User through Communication Services.
11. Electronic Communications & Transactions
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you(a) consent to receive communications from Company in an electronic form; and(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non - waivable rights.
If User requires paper copies of such Disclosures, User may request a paper copy and will be sent to you at a cost of up to $5.00 per document requested. Mythic Markets may discontinue electronic provision of Disclosures at any time in Mythic Markets' sole discretion. User’s consent to receive Disclosures and transact business electronically, and Mythic Markets' agreement to do so, applies to any transactions to which such Disclosures relate. User’s consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
12. Electronic Funds Transfers
12.1 Introduction to Electronic Funds Transfers - Mythic Markets processes Electronic Funds Transfers (EFTs) as an efficient method to receive electronic deposits from investors, to purchase and redeem investments and to issue refunds to investors. EFTs are processed through the vehicles described below:
- The Automated Clearing House (ACH)
- The Fedwire
- Credit Card
12.2 Electronic Funds Transfers Agreement and Disclosure - This Electronic Funds Transfers Agreement and Disclosure (this Agreement) is the contract which covers you and our rights and responsibilities concerning the EFTs services offered to you by Mythic Markets. In this Agreement, the words “you,” “your,” and “yours” mean an individual who signs up on the Mythic Markets Online Platform (Platform) and utilizes the Platform to participate in offerings (and any authorized users). The words “we,” “us,” and “our” mean Mythic Markets, Inc. EFTs are electronically initiated transfers of money from your bank account or credit card account, which you utilize the Platform to initiate, and which allow you to participate in the Mythic Markets offerings. By using any Mythic Markets service, you agree to the terms and conditions in this Agreement and any amendments for the EFTs services offered.
In order to use the payment functionality of Mythic Markets, you authorize us to share your identity, bank account data and credit card account data with North Capital Private Securities (NCPS), a broker-dealer registered with the Securities and Exchange Commission and the Financial Industry Regulatory Authority, Inc., and with North Capital Investment Technology (NCIT) for the purpose of processing your EFTs, and you are responsible for the accuracy and completeness of that data. You understand that you will access and are responsible for managing your bank account data and credit card account data through the Platform. You also authorize us and NCPS and NCIT to process EFTs as you direct through Mythic Markets. You acknowledge that none of NCPS, NCIT or we will be liable for any loss, expense or cost arising out of EFT services provided through your use of Mythic Markets, which are based on your instruction; NCPS and NCIT are third party beneficiaries to this Agreement.
13. Payment Processing
13.1 Mythic Markets, or a third - party partner, may process payment transactions on behalf of Users through the appropriate bank, credit card or debit card network, as applicable. When a User chooses to use the Service to make an investment in a comic book or card, or a comic book or card holding company, the User hereby consents to any third party escrow agent appointed by Mythic Markets facilitating and / or processing payments made or received through the Service, including, without limitation, the consent to access, charge or debit a payor’s credit card, debit card, bank account or other payment mechanism.
13.2 Each User acknowledges and agrees that a payment transaction made through the Service is a transaction between Users wishing to invest in a comic book or card, or a comic book or card holding company, and those offering such investment, and not with Mythic Markets. Mythic Markets is not a party to any payment transaction related to any such investment and Mythic Markets is not a buyer or seller in connection with any such investment transaction.
13.3 Users may only use the Service to process a Payment Transaction for investment in a comic book or card, or a comic book or card holding company, through a legitimate, bona fide sale of such Product or Service. The Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. Users may not use the Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.
13.4 Unless held in escrow in accordance with the terms governing an investment by the User, as agreed between the User and Mythic Markets at the time of investment, all payment transactions processed through the Service are non - refundable to a User by Mythic Markets and are non - reversible by a User through the Service. Users may have additional refund or charge - back rights under the agreement a User has with the issuer of the User’s payment instrument(i.e. its credit or debit card agreement or bank) or applicable state and federal laws. User should review its periodic statement received from the issuer of its payment instrument, which will reflect all purchase transactions through the Service.
14. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS - IS” AND “AS AVAILABLE” BASIS, AND COMPANY(AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON - INFRINGEMENT OF PROPRIETARY RIGHTS, COMPLIANCE WITH UNITED STATES FEDERAL AND STATE SECURITIES OR BLUE SKY LAWS OR REGULATIONS, SECURITIES EXCHANGE OR SELF - REGULATORY ORGANIZATION’S RULES OR REGULATIONS, AND EQUIVALENT LAWS OR REGULATIONS IN FOREIGN JURISDICTIONS, CORRECTNESS, ACCURACY AND RELIABILITY.
WE(AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR - FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY(90) DAYS FROM THE DATE OF FIRST USE.
IN ADDITION, MYTHIC MARKETS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS(OR THE CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MYTHIC MARKETS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MYTHIC MARKETS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MYTHIC MARKETS SHALL CREATE ANY WARRANTY ON BEHALF OF MYTHIC MARKETS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MYTHIC MARKETS AND ITS AFFILIATES HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU AND WITHOUT LIMITING THE FOREGOING, MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE MERITS AND RISKS OF ANY INVESTMENTS MADE BY USING OR THROUGH THE SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
MYTHIC MARKETS IS NOT RESPONSIBLE FOR VERIFYING THAT ANY INVESTOR OR USER IS AN ACCREDITED INVESTOR BEYOND REVIEWING INFORMATION SUBMITTED DIRECTLY TO MYTHIC MARKETS. MYTHIC MARKETS DOES NOT RECOMMEND ANY INVESTMENT OPPORTUNITIES SPECIFICALLY TO OR FOR ANY USER OR ENDORSE THEIR SUITABILITY FOR INVESTMENT BY ANY SPECIFIC USER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY(OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OR ANTICIPATED PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT(FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS(U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Term; TerminationSubject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site(including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the provisions of these Terms will remain in effect.
18. Confidential Information
18.1 The events may need, every so often and in reference to work contemplated beneath this Agreement, to reveal confidential data to one another(“Confidential Info”). Every party will use their best efforts to stop the disclosure of any of the opposite party’s confidential information to any other party for a period of three years after termination of this Agreement, and in addition the following clauses:
- Will not be disclosed in writing or lowered to writing and so marked with an applicable confidentiality information within thirty(30) days of disclosure
- Is already within the recipient party’s possession at the time of disclosure thereof
- Is or later turns into a part of the general public area by way of no fault of the recipient party
- Is acquired from a third party having no obligations of confidentiality to the disclosing party
- Is independently developed by the recipient party
- Is required by regulation or regulation to be disclosed
18.2 User agrees to hold the Confidential Information in confidence. User agrees not to make the Confidential Information available in any form to any third party or to use the Confidential Information for any purpose other than performing its obligations or enjoying its rights under this Agreement. User agrees to use the same degree of care that it uses to protect its own confidential information of a similar nature and value, but in no event less than a reasonable standard of care, to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement. User represents that it has, with each of its employees who may have access to any Confidential Information, an appropriate agreement sufficient to enable it to comply with all of the confidentiality terms hereof.
18.3 After termination or expiration of this Agreement, User shall return to Mythic Markets any Confidential Information in User’s possession or control. Nothing herein should forestall establishment or every other element of the system from utilizing any data generated hereunder for extraordinary analysis and typical business functions.
19.1 Relationship Between The Parties - Nothing contained in this Agreement will be deemed to be construed by the Parties or any third party as creating a partnership, an agency relationship or joint venture between the Parties or any of their respective employees, representatives or agents.
19.2 Compliance With Law - Each Party will, and will cause each Subsidiary to, comply with all Requirements of Law applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
19.3 Notice - Whenever under this Agreement it becomes necessary to give notice, such notice shall be in writing, signed by the party or parties giving or making the same, and shall be served on the person or persons for whom it is intended or who should be advised or notified, by Federal Express(or other similar overnight service) or by registered or certified mail, with postage and fees prepaid. Notice shall be addressed to the Company at its principal executive office and to the Grantee at the address that he or she most recently provided in writing to the Company.
19.4 Waiver - No waiver of any provision hereof shall be effective unless made in writing and signed by both parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
19.5 Severability - If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement(including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and(c) to the fullest extent possible, the provisions of this Agreement(including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
19.6 Assignment - User may not assign or delegate any of its rights, interest or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Mythic Markets. The sale of a controlling interest in User through a single transaction or a series of transactions shall be deemed an assignment hereunder for which Mythic Markets' consent is required. Mythic Markets may assign and delegate this Agreement to successors in the event of a merger, acquisition or other change in control. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
19.7 Governing Law; Arbitration - This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof. User hereby waives any right to bring any claim against Mythic Markets in court(including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. User waives any right it may have to start or participate in, and agrees to opt out of, any class action against Mythic Markets arising from or relating to the Services or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator.
19.8 Governing Law; Arbitration - This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof. User hereby waives any right to bring any claim against Mythic Markets in court(including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. User waives any right it may have to start or participate in, and agrees to opt out of, any class action against Mythic Markets arising from or relating to the Services or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California and the language of such arbitration shall be English. Mythic Markets may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect Mythic Markets' rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
19.9 Force Majeure - In no event shall Mythic Markets be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer(software and hardware) services; or other similar or dissimilar causes beyond Mythic Markets’ control. User acknowledges that the performance of certain of Mythic Markets’ obligations may require the cooperation of third parties designated by User and outside the control of Mythic Markets. In the event such third parties fail to cooperate with Mythic Markets in a manner that reasonably permits Mythic Markets to perform its obligations, such failures shall be considered as causes beyond the control of the Mythic Markets for the purposes of this Section and shall not be the basis for a determination that Mythic Markets is in breach of any of its obligations under this Agreement or is otherwise liable.
19.10 Export - The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
19.11 Disclosures - Company is located at the address in Section 17.13. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at(800) 952 - 5210.
19.12 Entire Terms - These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
19.13 Copyright / Trademark Information - Copyright © 2019 Mythic Markets, Inc. All rights reserved. All trademarks, logos and service marks(“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
19.14 Contact Information - If you have any questions concerning the Mythic Markets Service or the Agreements, please email: email@example.com.Mythic Markets, Inc
16 Lagoon Ct
San Rafael, California 94903
Telephone: (415) 335 - 6370