Terms and Conditions

By visiting mysticeyecreations.wordpress.com, you agree to these Terms and Conditions.

Overview

The terms “we”, “us” and “our” “MEC” and “Mystic Eyed Rambler” refer to Mystic Eye Creations, Inc. The term “Site” refers to mysticeyecreations.wordpress.com. The terms “user,” “you” and “your” refers to site visitors, customers and any other users of the Site.

Mystic Eyed Rambler offers a blog where users can read articles on shopping, product reviews, opinions, and website customization, and a service where users may purchase virtual assisting products (the “Service”).

Using mysticeyecreations.wordpress.com, including all materials presented herein and all online services provided by MEC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site and/or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading it.

Use of the Site and Service

Use of this site is prohibited by parties under the age of 18 and those without the power or authority to enter into these Terms and Conditions.

Information provided on the Site and as part of the Service is subject to change. MEC makes no guarantees, warranty, or representation that the information provided (the “Content”) is correct, complete, trustworthy, current, or error-free. MEC disclaims any and all liability for any inaccuracy, error or incompleteness of the Content.

Lawful Purpose

This Site and Service may only be used for lawful purposes. You agree to be financially liable for all purchases made by you or someone authorized to act on your behalf on our Site. You agree to these terms and to only use the Site and purchase Services for legitimate, legal purposes. You may not post or transmit any material on the Site that violates or infringes upon the rights of another. You also may not post or transmit any material on the Site that is threatening, abusive, defamatory, libelous, invasive of privacy, invasive of publicity rights, vulgar, obscene, profane, potentially injurious, encourages criminal activity, gives rise to civil liability, or is in any way unlawful.

Refusal of Service

The Service offered is subject to our acceptance of your order. MEC reserves the right to refuse service to any order, entity, or person, without obligation to disclose a reason for doing so. Orders processed through PayPal may be refused under the same right, and if payment has been processed a refund will be issued. At any time we reserve the right to change or discontinue any aspect, feature, or option of the Site or Service, subject to our previous responsibilities to you being fulfilled in accordance with our acceptance of your payment.

Order Confirmation

You will receive an email to confirm your order has been placed. In the event that this email does not arrive, or is erroneous, it is your responsibility to notify us as quickly as possible. You may email us at contact@mysticeyecreations.com

Cancellations, Refunds And Returns

Sales of digital products downloadable upon confirmation are final. The Service may be cancelled prior to work beginning for a full refund. The Service may be cancelled at any time, however, there is no pro-rating of the Service. Cancellation of the Service will prevent continuation of the Service subscription. There are no partial refunds.

Product and Service Descriptions

Every effort is made to describe and display the Service accurately, clearly, and thoroughly. However, we make no guarantee that the Site is entirely accurate, current, or error-free. If errors in pricing and descriptions occur we will, when possible, correct them. MEC reserves the right to cancel or refuse any order that is priced incorrectly. We may offer the option to purchase at the corrected price.

Material You Submit To The Site

You may not upload, post, or otherwise make available any artwork, photos, or other materials (collectively the “Materials”) to the Site which are protected by copyright, trademark, or any other proprietary right without the express written consent of the owner of the Materials. The burden of determining that any Materials are not so protected rests wholly with you, and you shall be liable for any damage resulting from infringement of copyrights, trademarks, other proprietary rights, or any other harm resulting from Materials you submit to the Site. In submitting Materials to the Site you automatically represent and/or warrant that you have the authority to use and distribute the Materials without violating any laws, rules, regulations, or rights of a third party.

Intellectual Property Rights To Your Materials

MEC claims no intellectual property rights over Materials supplied by you. You retain copyright and any other rights you hold in any content which you submit through the Service. Your Materials remain yours to the extent that you have any legal claims therein. You agree to hold MEC harmless from and against all claims, liabilities, and expenses that arise out of any potential or actual copyright, trademark, or any other property right misappropriation or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property that is owned by MEC, including, but not limited to, trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit, in any format whatsoever, any of the Site or Service content, in whole or in part, without our prior express written consent. Violation of this intellectual property policy may result in immediate removal from the Site and/or Service without refund.

Changed Terms

We reserve the right to amend these Terms and Conditions at any time. These amendments become effective immediately upon notice to you by posting to this page. Any use of the Site or Service thereafter means you accept these amended Terms and Conditions. The most recent versions will be posted to the Site, with the effective dates, on this page.

Limitation of Liability

You agree that MEC will under no circumstances be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising from use of the Site or Service. MEC is not liable for damages in connection with (a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (b) loss of revenue, anticipated profits, business, savings, goodwill or data; and (c) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information of property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The aforementioned applies even if MEC has been advised of the possibility of or could have foreseen the damages. In states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent as permitted by law. In no event shall MEC’s cumulative liability to you exceed the total purchase price of the Service purchased from MEC, and if no purchase has been made by you our cumulative liability shall not exceed $100.

Third Party Resources

The Site and Service may contain links to third party websites and resources. You agree that we are not liable or in any way responsible for the accuracy, content or policies of any third party website or resource. Links to such sites and resources are not, unless otherwise stated, in any way an endorsement, and do not apply affiliation with MEC. You accept full responsibility and assume all risk arising from use of these websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, expenses, and all third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any beach by you of these Terms and Conditions, or any use by you of the Site or Service. You agree to provide us with such assistance, without charge, as we may request in connection with any such defense, including, but not limited to, providing such information, documents, records and reasonable access to you, to us as we deem necessary. You shall not settle any third party claim or waive any defense without our prior and explicit written consent.

Headings

The subject headings of the paragraphs and subparagraphs of these Term and Conditions are provided for convenience, and shall not affect the construction or interpretation of any of the provisions therein.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Mystic Eye Creations, Inc. pertaining to the Site and Service. It supersedes all prior and contemporaneous agreements, representations, and understandings between you and MEC. No waiver of any of the provisions in this Agreement by MEC shall be deemed or constitute a waiver of any other provision, whether or not similar, nor may any other waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mystic Eye Creations, Inc.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Mystic Eye Creations, Inc.
58 Clark St
Franklin, NH 03235

Governing Law; Venue; Mediation

This agreement will be construed in accordance with and governed by the laws of the State of New Hampshire as applied to contracts that are executed and performed entirely in New Hampshire. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Merrimack County, New Hampshire. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CCPR Institute for Conflict Prevention & Resolution, or any other procedure upon which the parties may agree. Both parties agree that their respective good faith participation in such mediation is a condition precedent to pursuing any other available legal or equitable remedy, including, but not limited to, litigation or arbitration.

Recover of Litigation Expenses

If any legal action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief which they may be entitled to.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Last revision: August 6, 2013

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