Terms & Policies
Introduction
Mystic Studio, Inc., a Pennsylvania S Corp Company (“Company,” “our,” “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use.
In this policy we describe the types of information we may collect from you or that you may provide when you use our website(the “Website”) and our practices for collecting, using, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Website. If you do not agree with our policies and practices, do not use the Website or participate in any of the programs affiliated with it.
REFUNDS & CANCELLATIONS
EVENTS: Our general refund policy for events is a full refund, minus the service fee, until the registration cut-off deadline (see individual event policy). After the registration cut-off deadline or one week prior to the event, whichever comes first, registration is non-refundable. Retreats have a special refund policy; see the event page for more information.
CLASSES: All live class tuition is fully refundable for the first 7 days after registration if the course is 6 weeks long or more.
Self-Study Programs: Instant-access, self-study online programs and mini-courses are non-refundable unless otherwise specified.
Live Quarterly Programs: Fully refundable for 7 days after registration or until the first class, whichever comes first.
Private Training: Fully refundable for 7 days after registration or until the first meeting, whichever comes first.
The Sacred Guide 1-Year Program: Fully refundable for 7 days after registration. 50% refundable until January 1. No refunds after January 1.
PAYMENT OPTIONS: For selected Services, you may be offered the option of (i) a payment plan or (ii) pay-in-full at the time of purchase. Regardless of which option you choose, you agree to make timely and full payments to the Company. The full amount is due to the Company even if you choose not to completely participate in the Services.
If you select an offered payment plan, your first payment will be due the day you purchase the related Service, with the following payments due as (i) set forth in the applicable Terms of Service or (ii) where no Terms of Service are offered, as represented alongside the offered Service. You authorize Company to automatically charge the credit card on file for any and all balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may refuse service to you without liability or refund. Our refusal of service due to overdue accounts does not excuse you from your obligation to pay the amounts owed in full.
BONUS GIFTS: Bonus gifts are intended for students completing the program. Students who cancel agree to a refund deduction for any bonus reimbursement. All bonuses received are non-returnable for credit.
SERVICE FEE: All refunds and cancellations are subject to a service fee to cover administration costs of processing a refund, unenrollment from the program, and logistics. The standing service fee is $50 for most programs, unless otherwise specified.
REFUSAL OF SERVICES: We reserve the right to refuse access or immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if in our sole discretion, you violate our core values, Terms of Use or other agreements governing your use of the Sites and/or Services.
PRIVACY POLICY:
Children Under the Age of 13
The Website is not intended for children under 13 years of age and you are not allowed to use the Website or provide information on it if you are under 13 years of age. If you believe we might have any information from or about a child under 13, or that there may be a user under the age of 13, please contact us immediately at info@mystic-studio.com.
Information We Collect About You
We collect several types of information from and about users of the Website, including:
Credit card and billing information if you sign up for a paid account/subscription;
Additional information that you voluntarily enter, such as your personal name, company name, address, phone number, FaceBook account information, and email; and
Information about your internet connection, the equipment you use to access the Website, and Website usage details.
How We Collect Information From You
We collect information from you in two ways:
First, directly from you when you provide it to us, such as entering your information into a questionnaire provided to you on the Website, signing up for an account, or posting on a message board or forum on the Website.
Second, we collect generic information about your usage and equipment automatically as you navigate through the Website, such as usage details, IP addresses, web browser preferences, and information collected through cookies and other tracking technologies. Although we do not correlate tracking information to individuals, some information collected, such as IP addresses, will be unique.
Do Not Track Settings
The Company does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites track your browsing activities when you use their websites so that they can tailor their content to your preferences. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To develop, provide, and improve the Website and its services to you.
To provide you with information, products, or services that you request from us.
To provide you with notices about your account and/or subscription, including expiration and renewal notices, and upcoming course materials.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mystic Studio assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Mystic Studio about the Website users is among the assets transferred.
For any other purpose disclosed by us when you provide the information.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Mystic Studio, our customers, or others.
User Contributions
The Website includes public areas where you as a member can post or publish any content, plus messaging features where you can transmit information to other users of the Website (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk and, to the extent that you share personal information in these User Contributions, our obligations under this Privacy Policy do not apply to these disclosures. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Accessing and Correcting Your Information
You can review and change your personal information by emailing us at info@mystic-studio.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access. For example, access by a user to his or her personal information is available through a password and unique customer ID selected by the user. Also, we perform regular malware scanning of the Website and all servers and computers used by us to support the Website. All Company employees are required to adhere to our security and confidentiality procedures and undergo training related to maintaining the security of user personal information.
The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and be careful about giving out information in public areas of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Third Party Links
The Website may contain links that lead to other websites, and the Company is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we seek to protect the integrity of the Website and welcome any feedback about these external websites.
Changes to Our Privacy Policy
We will post any changes we make to our privacy policy on this page and you will be notified of any material changes on the Website home page and in an email to the most recent email address that you provided to us, if any.
Contact Information
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at info@mystic-studio.com.
TERMS OF USE:
Welcome to Mystic Studio! Please read these Terms of Use and our Privacy Policy (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and Mystic Studio’s services, as described further below.
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Mystic Studio (“Company,” “we,” “our,” or “us”), and they govern your access to and use of the kimchestney.com website including any content, online courses, teaching materials, functionality, and services offered on or through the website (the “Website”), whether as a guest or as a paid member.
Please read the Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website or any Mystic Studio’s Services, but please get in touch with us so we can try to help.
Term
This agreement remains in full force and effect while you use the Website. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Eligibility
The Website is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website or our Services following the posting of revised Terms means you accept and agree to the changes.
The Website
The Website is a service selling online courses to teach spiritual teachers and mind body healers tools and strategies for growing their online business. The online courses will include, but are not limited to, email list building, content nurturing, social media marketing and launch of a new business.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
User Contributions
The Website may contain comment areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor the Company’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including members who pay for services we offer.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
YOUR MEMBER ACCOUNT INFORMATION MAY NOT BE SHARED WITH ANOTHER THIRD PARTY. THE FEES PAID TO ACCESS THE MEMBER PORTAL GRANT THE USER, AND ONLY THE USER, THE RIGHT TO ACCESS THE MEMBER PORTAL. We reserve the right to disallow, cancel, remove, suspend or terminate your member account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
Fees and Taxes
By making the necessary payments and providing required information under the subscription terms as posted on the Website, we will grant you access to a member portal on the Website.
We reserve the right to modify our fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Website and are applicable to all subsequent transactions.
You are solely liable for all the taxes, fees, and commissions resulting from use of the Website. These Terms of Use do not create a joint venture, partnership, or principal-agent relationship between you and the Company, or any other users, and nothing in these Terms of Use may be used to imply such a relationship.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
These Terms of Use permit you to use the Website for your personal, non-commercial use only, subject to the following restrictions:
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as it is created and owned by you.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Website or any services provided by the Website (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Website and/or services and (b) promote the Website, and/or services and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent at info@mystic-studio.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your name.
The name and description of the work that is being infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Take any action that may damage or falsify the Company or Website rating.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Subscribing to an online course shall not guarantee a business result, including but not limited to an increase in sales or profits for a users business.
The Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Users Outside the U.S.
The Website is controlled and operated from the United States and is subject to its laws. If you choose to access the Website outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
Mandatory Arbitration and Waiver of Class Action
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mystic Studio with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
The Website is operated by Mystic Studio, Inc. located at 209 Commercial Avenue, Pittsburgh, PA. 15215.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@mystic-studio.com.