TERMS
OF SERVICE AND END USER LICENSE AGREEMENT
Preamble
Welcome to Mystical Melonie!
Mystical Melonie provides a variety of
services and games (collectively the “Services”) to mobile phone users
throughout the world through the various app stores such as those operated by Apple,
Google, Amazon and others (collectively the “App Stores”), mobile service
providers (“MSPs”), and the Mystical Melonie website (https://mysticalmelonie.com/),
(the “Sites”). In Australia the Services
and Sites are provided by Mystical Melonie Australia Pty Ltd., an Australian
corporation. In the rest of the world the Services and Sites are provided by Mystical
Melonie Inc., a Cayman Islands corporation.
In this End Users License Agreement "Mystical Melonie",
"we" or "our" refers to every corporation that is providing the
Services and Sites to you, or that is a participant in a corporation that is
providing the Services and Sites to you.
The terms of this End User License
Agreement (“EULA”) sets forth the legally binding terms for your use of the
Services and the Sites. By using the
Services and/or the Sites, you are accepting this EULA and you represent and
warrant that you have the right, authority, and capacity to enter into this
agreement. If you do not agree with all provisions
of this EULA, please do not use the Services or the Sites. This EULA (which includes by reference Mystical
Melonie’s Privacy Policy) is the final, complete and exclusive agreement
between you and us with respect to the subject matters hereof and supersedes
and merges all prior discussions and agreements between you and us with respect
to such subject matters, including any prior EULAs or Privacy Policies. Note that Mystical Melonie offers many
Services which may be covered by their own Terms of Service; in case there is a
conflict between this EULA and any Terms of Service, the agreement with the
terms most favorable to Mystical Melonie, as determined solely by Mystical
Melonie shall govern.
The commencement date of this EULA is the
date you first browse the Sites
or Services, use, or sign up for any Services either through the Sites or through your mobile
service provider (“MSP”) and/or purchase any Services, or provide us with your mobile
phone number, whichever is
earlier. Your continued use of the Sites
or any Services implies your acceptance of any changes to this EULA. The terms of
thus EULA will remain in full force and effect while you use the Sites or the
Services, unless earlier terminated in accordance with this EULA.
The Services and Sites are not knowingly
provided, directed or targeted to children, usage of the Services and Sites will
be subject to the following criteria, and the following will apply:
•
In the
European Economic Area, the Service is not knowingly provided to persons under
the age of 16. If you are accessing the Service from the European Economic Area
you hereby represent, warrant and covenant that you are at least 16 years old.
• In
all other countries the Service is not knowingly provided to persons under the
age of 14. If you are accessing the Service from any country other than those
listed above, you hereby represent, warrant and covenant that you are at least
14 years old.
The Services and Sites are available for
your use if you are able to enter into this EULA and are not a person barred
from receiving services under US or Canadian law, not residing in a country
that is subject to a US government embargo, or designated by the US government
as a “terrorist supporting” country, and you are not included on any US
government list of prohibited or restricted parties, or any other reason we may
unilaterally determine at any time.
This EULA was written in English. To the
extent any translated version of this EULA conflicts with the English version,
the English version controls.
EULA
Version Date: May 1, 2020
1.
Privacy Policy.
PLEASE REVIEW Our PRIVACY POLICY AT https://mysticalmelonie.com/privacy-policy/.
THE TERMS OF OUR PRIVACY POLICY ARE INCORPORATED INTO AND CONSIDERED A
PART OF THIS EULA. Any information you
provide to us is subject to the Privacy Policy.
Through your use of the Services and the Sites, you consent to the
collection and use of this information, including the transfer of this
information to the US and/or Canada for storage, processing and use by us.
We have
implemented physical, electronic, and managerial procedures in order to help
safeguard and prevent unauthorized access, use, alteration, modification and/or
disclosure of your personal information.
Although we use reasonable efforts to safeguard the security of your
personal information, transmissions made on or through the internet and
personal information stored on our servers or the servers of third parties that
we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are
not protected by encryption and are vulnerable to interception during
transmission. To read more about the
security of your account, please refer to our Privacy Policy.
2. Access/Accounts. You do not need to create an account to access the
Sites and Services. When you purchase a subscription (either directly from us
or through your MSP, or through one of the App Stores) to the Sites or Services
your mobile device phone number will be used by us to allow you access to the
Sites and Services – this will be considered your “Account”. You represent and
warrant that (a) all required registration information you submit is truthful
and accurate, (b) you will maintain the accuracy of such information, and (c)
your use of the Sites and the Services or any of them does not violate any
applicable laws.
You may terminate your account at
any time, for any reason, by following the instructions on the Sites or
Services (if you have signed up directly with us) or through your MSP (if you
signed up through your MSP) or through the App Stores (if you signed up through
an App Store). You are responsible for
all activities that occur under your account. You agree to immediately notify us of any
unauthorized use, or suspected unauthorized use, of your account or any other
breach of security. We cannot and will
not be liable for any loss or damage arising from your failure to comply with
these requirements.
If you are using the Services from
a download from an App Store you can you ‘favorite’ any of the games. This “favorite”
function will store the game in the memory on your mobile device so that the
favorite games can be played without using a data connection. Each favorite game
stored will have a timeout value so that when your subscription to the Services
ends, you will no longer be able to play the stored games.
3.
If you receive the Services through your
MSP. We and your MSP
are separate legal entities. This EULA
is between you and us. Your MSP is not
providing the Sites or the Services and is not responsible for the Sites or the
Services. You may have other agreements
with your MSP that apply to your use of the Services, and those agreements will
apply between you and your MSP. This
EULA will not in any way alter any of the terms or conditions of any agreement
you may have with your MSP for its products or services.
If you have purchased use of the Services through
your MSP, your MSP will charge you for all use of the Services in accordance
with your MSP’s prices and payment terms, and you will pay all charges to your
MSP.
We assume no responsibility for the
provision or maintenance of hardware, including mobile communications devices
or network access that may be required for you to connect to the Services.
4. License. Subject to the terms of this EULA,
we grant you a revocable, non-transferable, non-exclusive license to (a) use
the Sites and the Services for your use, and (b) download, install and use copies
of the Services on mobile devices that you own or control for your use (the
“License”).
Use of the Sites and the Services
are licensed to you. We own all right,
title and interest, including all related intellectual property rights, in and to the Sites
and the Services. This License is not a
sale and does not convey to you any rights of ownership in or related to the Sites
or the Services. The Mystical Melonie name, logo, and all
product names associated with the Services belong to us, and no right or
license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these
names and/or logos – or your possession and use of the Sites or the Services or
any of them – infringes that third party’s intellectual property rights, we
will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim.
We reserve all
rights not granted in this EULA.
5. Restrictions. The rights granted to you in this
EULA are subject to the following restrictions.
You agree that you will not
(a) license,
sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Sites or any of the Services;
(b) modify,
translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of the Sites or the Services;
(c) access,
tamper with, or use non-public areas of the Sites, the Services, Mystical Melonie’s computer systems, or the technical delivery systems
of Mystical Melonie;
(d) access the Sites
or the Services in order to build a similar or competitive Sites or service;
(e) probe, scan,
or test the vulnerability of any Mystical
Melonie system or
network, or breach or circumvent any security or authentication measures;
(f) access or
search, or attempt to access or search, the Sites or any Service by any means,
automated or otherwise, other than through the currently available, published
interfaces provided by Mystical
Melonie, unless you
have been specifically allowed to do so via a separate agreement with Mystical
Melonie;
(g) forge any
TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or false
source-identifying information;
(h) interfere
with or disrupt, or attempt to interfere with or disrupt, the access of any
user, host or network by any means including sending a virus, overloading,
flooding, spamming, mail-bombing Mystical
Melonie, the Sites or
the Services or any of them;
(k) facilitate
or encourage any violations of this EULA;
(l) remove or
destroy any copyright notices or other proprietary markings contained on or in the
Sites or any of the Services;
(m) transfer your
account or any part thereof to anyone without first getting our written
permission;
(n) use cheats, exploits, automation software,
bots, hacks, mods or any unauthorized third-party software designed to modify
or interfere with the Services and Sites;
(o) use the Services or Sites to design or
assist in the design of cheats, exploits, automation software, bots, hacks,
mods or any unauthorized third-party software to modify or interfere with the Services
and Sites;
(p) use any
unauthorized third-party software that accesses, intercepts, “mines”, or
otherwise collects information from or through the Services and Sites, or that
is in transit from or to the Services and Sites, including any software that
reads areas of RAM or streams of network traffic used by the Services and Sites,
to store information about characters, elements or environment;
(q) intercept,
examine, or otherwise observe any proprietary communications protocol used by a
client, a server or the Services and Sites, whether through the use of a
network analyzer, packet sniffer or other device;
(r) bypass any
robot exclusion headers or other measures we take to restrict access to the
Services and Sites, or use any software, technology, or device to send content
or messages, scrape, spider or crawl the Services and sites, or harvest or
manipulate data;
(s) use,
facilitate, create or maintain any unauthorized connection to the Services or
Sites, including (a) any connection to any unauthorized server that emulates,
or attempts to emulate any part of the Services and Sites, or (b) any
connection using programs, tools or software not expressly approved by us; and
(t) copy, modify
or distribute rights or content from any Sites or Services, or our copyrights
or trademarks or use any method to copy or distribute the content of the
Services or Sites except as specifically allowed in this EULA.
Except as
expressly stated herein, no part of the Sites or the Services may be copied,
reproduced, distributed, republished, displayed, posted or transmitted in any
form or by any means.
Any future release, update, or
other addition to functionality of the Sites or the Services shall be subject
to the terms of this EULA. All copyright
and other proprietary notices on any Sites or Service must be retained on any
copies.
We may suspend or terminate your account
in accordance with Section 14, “Termination” below.
6. Communications
from Mystical Melonie. As part of
providing the Sites and the Services, we may send certain communications such
as service announcements, notifications, and administrative messages. These communications are considered part of
the Services and Sites, and you will not be able to opt out of receiving
them. By using the Services and Sites, or
any of them, you agree to accept these communications.
7. Local Laws. We make no representation that the Sites or the
Services are appropriate for use in locations other than Canada and the United
States. You are solely responsible for
compliance with all applicable laws, including export and import regulations. Any diversion of the Sites or the Services
contrary to Canadian or United States law is prohibited.
8. Modification. We reserve the right, at any time, to modify,
suspend, or discontinue the Sites or the Services or any part thereof with or
without notice. You agree that we will
not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Sites or the Services or any part thereof. In addition, we reserve the right to create
limits on use and storage at our discretion at any time without prior notice to
you.
9. Product Claims. You agree
that Mystical Melonie alone is
responsible for addressing any claims by you or a third party relating to the
Services and Sites, or your possession and/or use of the Services and Sites
including (a) product liability claims; (b) any claim that the Services and
Sites or any of them fail to conform to any legal or regulatory requirement;
and (c) claims arising under consumer protection or similar legislation.
10. Feedback. If you
provide us with any feedback or suggestions (“Feedback”), you hereby assign to us
all rights in the Feedback and agree that we shall have the right to use such
Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us
as non-confidential and non-proprietary information. You will not submit to us any information or
ideas that you consider to be confidential or proprietary.
11. Cookies. When you use certain Sites, we
may store one or more cookies (a small text file containing a string of
alphanumeric characters) on your mobile device that uniquely identifies your
browser. These cookies may store your
unique account ID, an API key, your profile information and your username, but
no other personal information. Certain Sites may use persistent cookies. A persistent cookie remains after you close
your browser, and may be used by your browser on subsequent visits to the
Sites. Persistent cookies can be removed
by following your web browser help file directions. You can reset your web browser to refuse all
cookies or to indicate when a cookie is being sent. However, the Service and Sites may not
function properly if the ability to accept cookies is disabled. By using the
Services and Sites, you agree to accept the placement of cookies on your
browser.
12. Local Storage.
Local storage is a key value data store that is built into modern
browsers. Certain Sites and Services may
use such local storage as a data cache to store items the Services and Sites
have recently downloaded from the server in order to enhance performance of the
Services and Sites. The Services and
Sites will store your profile information in local storage.
Local storage is
stored indefinitely inside your browser.
By using local storage, the Services and Sites make fewer calls to the
server and saves on your data consumption.
You may wish to
delete local storage through your browser, although some browsers do not allow
for such deletion. If you delete all
local storage, the Services and Sites will rebuild local storage the next time
you use them. If you delete part of the
information stored in local storage, the Services and Sites may not operate
properly.
General Terms
13. Copyright
Infringement. THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR
CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE
SITES AND/OR SERVICES, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA). We do not condone posting of copyrighted material belonging to third
parties on the Sites and Services, and will respond to alleged violations in
accordance with procedures allowed by the Digital Millennium Copyright Act
(“DMCA”) outlined below. If you believe that your copyright rights have been infringed
by a user of the Services or Sites, please provide us with the written
information specified below. Please note
that this procedure is exclusive for notifying us that your copyright material
has been infringed. An electronic or physical signature of the person who is
authorized to act on behalf of the owner of the copyright interest;
Mystical Melonie’s
Copyright Agent for notice of claims of copyright infringement on its Sites can
be reached as follows:
Copyright Agent
Unlimited Gamez Inc. / Mystical Melonie - Copyright
Agent Department
PO Box #10190
PMB #13
Grand Cayman,
Cayman Islands, KY1-1002
E-mail: legal@UnlimitedGamez.com
14. Termination. We may (a) suspend your rights to use the Sites, the
Services, or any of them, and/or your account or (b) terminate this EULA as it
pertains to you. We may suspend or
terminate at any time for any reason at our sole discretion with or without
notice to you, including if we in good faith believe you have violated any
provision of this EULA or any applicable law. We
reserve the right to limit, reduce, deactivate, suspend or terminate your
account and your access to the Services and Sites, or portions thereof if you
are, or if we or your MSP suspects, in the sole discretion of any of those
entities, that you are, or have been involved in fraud or the misuse of the Services
or Sites. In addition, we may suspend or
terminate your access for any or no reason. We may also add or create new limits to the
Services and Sites at any time.
Upon termination of this EULA, your account and right to use the Sites and the
Services or any of them will automatically terminate immediately. We will not have any liability whatsoever to
you for any termination of this EULA.
When your account
is terminated for any reason you will be banned from using any and all our
Sites and Services in the future.
If we terminate your account for any reason, you may not create another
account without our permission.
Even after this EULA is terminated as it pertains to you, the following
provisions of this EULA will remain in effect: 1, 3, 4, 5, 7, 9, 15, 16, 17, 18,
19, 22 and 23.
15. Third
Party Sites and Ads. The Sites
and Services may contain links to third party websites and advertisements for
third parties (collectively, “Third Party Sites & Ads”). You agree to accept Ads from us as well as
from third parties with whom we contract so that those third parties can offer
their goods and services to you. We are not responsible for and do not control
Third Party Sites & Ads. We provide
these Third Party Sites & Ads only as a convenience to you. We have no obligation to review or monitor,
and does not approve, endorse, or make any representations or warranties with
respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at
your own risk. When you access a Third
Party Sites & Ad, the applicable third party’s terms and policies apply,
including the third party’s privacy policies. You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction in
connection with any Third Party Sites & Ads.
16. Indemnity. You agree
to defend, indemnify and hold harmless Mystical Melonie, its officers, directors,
employees, contractors, agents and suppliers from and against any and all claims,
suits, losses, damages, obligations, liabilities, costs, debts and expenses
(including attorneys’ fees) brought by third parties resulting from or relating
to (a) your use of the Sites or the Services, (b) your violation of this EULA,
(c) your violation of any third party right, including any intellectual
property, property or privacy right. We reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any
matter related to this EULA or your use of the Sites or the Services or any of
them without our prior written consent. We
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
You agree that we have no indemnity obligations to you.
17. Release. You hereby
irrevocably and unconditionally release and forever discharge Mystical Melonie, its officers, directors,
employees, agents and suppliers from any and all claims, demands, and rights of
action, whether now known or unknown, which relate to any interactions with, or
act or omission of, any other Sites and Services or Mystical Melonie users or Third Party Sites
& Ads. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION
WITH THE FOREGOING. THAT CODE SECTION
STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
18. Disclaimers.
The Sites and Services are provided for entertainment purposes only.
Mystical Melonie makes no warranties or representations regarding the accuracy
or significance of any aspect of the tarot card readings, and/or horoscopes
& any other astrological aids, and cannot be responsible for any
interpretation or use that may be made of them.
By using the Sites and Services, you understand that you are solely
responsible for your actions, regardless of any information received through
the Sites and Services. Any reliance placed on the
content of the Sites and Services is to be made at your own risk.
All aspects of the Sites and Services, including but not limited to,
tarot card reading and horoscope services strictly cannot be a substitute for
professional, legal, medical, financial or psychiatric advice/care where ever
applicable .
THE SITES AND THE SERVICES ARE AT YOUR SOLE RISK AND ARE PROVIDED
“AS-IS” AND AS AVAILABLE AND MYSTICAL MELONIE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MYSTICAL MELONIE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITES OR THE SERVICES
(A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE,
LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE SITES
OR THE SERVICES OR BOTH, OR ANY FEATURE THEREOF WILL BECOME EITHER PERMANENTLY
OR TEMPORARILY UNAVAILABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. Limitation on Liability.
IN
NO EVENT SHALL MYSTICAL MELONIE, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS EULA, THE SITES OR THE SERVICES,
EVEN IF MYSTICAL MELONIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES
INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES OR THE SERVICES, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF MYSTICAL MELONIE'S SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MYSTICAL MELONIE’S
SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. THESE
LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY.
ACCESS TO, AND USE OF, THE SITES AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE
DEVICE OR LOSS OF DATA RESULTING THEREFROM.
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. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR
RELATED TO THE SITES OR THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE
CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Changes
to this EULA. This EULA
is subject to occasional revision. Any
changes to this EULA will be effective upon our posting of the most recent
version of this EULA on the Sites. These
changes will be effective immediately for users of the Sites or the Services. Continued use of the Sites or the Services
following posting of the most recent version of this EULA shall indicate your
acknowledgement of any such changes and your agreement to be bound by the terms
and conditions of such changes. The date
on which the latest update was made is indicated on this first page of this
document. We recommend that you revisit
this EULA from time to time to ensure you are aware of any changes.
21. Notice.
Any notice provided to us pursuant to
this EULA should be sent to:
Mystical Melonie Inc.
PO Box #10190,
PMB #13
Grand Cayman,
Cayman Islands, KY1-1002
Attn: Mystical
Melonie Notices
22. Governing
Law; Jurisdiction. This EULA
shall be governed by the laws of the Cayman Islands without giving effect to
any conflict of laws principles that may provide for the application of the law
of another jurisdiction. You agree to
submit to the personal jurisdiction of the courts located within the Cayman
Islands for the purpose of litigating all such claims or disputes, and you
further agree that the Sites and the Services shall be deemed a passive server
whose activities do not give rise to personal jurisdiction over Mystical
Melonie, either specific or general, in jurisdictions other than the Cayman
Islands. Notwithstanding the foregoing,
we may seek injunctive or other equitable relief to protect our intellectual
property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for
the International Sale of Goods does not apply to this EULA.
23. Improperly
filed claims. All claims
you bring against Mystical Melonie must be resolved in accordance with this
Governing Law section above. All claims
filed or brought contrary to the Governing Law section above or any other
applicable section shall be considered improperly filed. Should you file a claim contrary to the governing
Law Section above, or any other applicable section, we shall be
entitled to recover attorneys’ fees and costs up to $1,000.00, provided that we
have notified you in writing of the improperly filed claim and you have failed
to promptly withdraw that claim.
24. Severability.
If any provision of this EULA is, for any reason, held to be invalid or
unenforceable, the other provisions of this EULA 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.
25. Entire
Agreement; General. This EULA (including our Privacy Policy and any
other legal notices published by us) is the final, complete and exclusive
agreement between you and us with respect to the subject matters hereof
(including the Sites and the Services) and supersedes and merges all prior
discussions and agreements between you and us with respect to such subject
matters (including any prior EULAs, Terms of Service or Privacy Policies). Our
failure to exercise or enforce any right or provision of this EULA shall not
operate as a waiver of such right or provision. The word “including” means “including without
limitation”. Neither you nor we are an
agent or partner of the other. This EULA,
and your rights and obligations herein, may not be assigned by you without our
prior written consent, and any attempted assignment in violation of the
foregoing will be null and void. We may
assign this EULA to any of its affiliates or in connection with a merger,
acquisition, reorganization or sale of all or substantially all of its assets,
or other operation of law, without your knowledge or consent. The terms of this EULA shall be binding upon
assignees. This EULA does not confer any
third party beneficiary rights.
26. Force
majeure. We shall not be liable for any
delay or failure to perform resulting from causes outside our reasonable
control including any failure to perform hereunder due to unforeseen
circumstances or cause beyond our control including acts of God, war,
terrorism, riots, zombie apocalypse, embargoes, acts of civil or military
authorities, fire, floods, accidents, strikes or shortages of transportation
facilities, fuel, energy, labor or materials.
27. Records
Retention. Your account details
including name and phone number will be stored in the United States and/or
Canada, the actual locations and length of time of storage is to be determined
at our sole discretion.
28. Third Party Beneficiary – Download From Apple Inc.’s App
Store. If you obtained the Services via a
download from Apple Inc’s app store then you acknowledge and agree that Apple
Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of this
EULA, and that, upon your acceptance of the terms and conditions of this EULA,
Apple Inc. will have the right (and will be deemed to have accepted the right)
to enforce the EULA against you as a third party beneficiary thereof.
Unlimited
Gamez Inc. / Mystical Melonie, Po Box #10190 PMB #13, Grand Cayman,
Cayman Islands KY1-1002
Unlimited
Gamez Australia Pty Ltd. –
Mystical Melonie, Level 4, 5 & 12, Plaza Building Australia 95 Pitt
Street, Sydney, New South Wales 2000, Australia.