Mystic Net Marketing, Inc.
901 Noak Ledyard Rd
Mystic, CT 06355
www.Brand-Gaming.com

The Fine Print: USE AT YOUR OWN RISK

If you accept these terms on behalf of a third party (such as your employer), you confirm that the third party you represent has read and understood the Terms of Service and Privacy Policy and that you are authorized to accept the Terms of Service on their behalf.

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE. BY LOGGING IN OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT USING THIS SOFTWARE ON ANY WEBSITE.

1. Grant of License for Registered Users

In exchange for your payment of the software and Software Hosting licence price, Mystic Net Marketing, Inc. (“company”) grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the “Software”), including any documentation files accompanying the Software (“Documentation”), provided that: (i) the Software is NOT modified; (ii) all copyright notices are maintained on the Software; and (iii) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity. 

2. Ownership

You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Company. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.

3. Copyright

The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Company. You may not remove any proprietary notice of Company from any copy of the Software or Documentation.

4. Intellectual Property Ownership

Mystic Net Marketing alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Mystic Net Marketing Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Mystic Net Marketing Technology or the Intellectual Property Rights owned by Mystic Net Marketing. The Mystic Net Marketing name, the Mystic Net Marketing logo, and the product names associated with the Service are trademarks of Mystic Net Marketing or third parties, and no right or license is granted to use them.

5. Restrictions

You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.

You may not access the software or online Service if you are a direct competitor of Mystic Net Marketing, except with Mystic Net Marketing’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

6. Limited Warranty
Company warrants for a period of (_10_) days after purchase that the software will operate substantially in accordance with the documentation. Should the software not operate, your exclusive remedy, and Company's sole obligation under this warranty, shall be, at Company's sole discretion, correction of the defect or refund of the purchase price paid for the software license. Any use by you of the Software is at your own risk. This limited warranty is the only warranty provided by Company regarding the software. Except for the limited warranty above, the Software is provided “as is.” To the maximum extent permitted by law, Company disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the functions contained in the Software will meet any requirements or needs you may have, or that the Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Software will be corrected, or that the Software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.

7. Limitation of Liability

In no event will Company be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the program, or for any claim by any other party, even if company has been advised of the possibility of such damages. Company's aggregate liability with respect to its obligations under this agreement or otherwise with respect to the software and documentation or otherwise shall not exceed the amount of the license fee paid by you for the software and documentation. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8. Export Restrictions

This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the software or information about such Software which may be imposed from time to time by the government of the United States of America. You shall not export the software, documentation, or information about the software and documentation without consent of company and compliance with such laws, regulations, orders, or other restrictions.

9. General

This License Agreement shall be construed, interpreted and governed by the laws of the State of Connecticut without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in New London County, State of Connecticut, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

10. Use of the www.gaming-engine website.

As part of our Software,  The website application or www.gaming-engine.com website will provide you with use of the Administrative Control Panel, including a web browser interface to control the software, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the www.brand-gaming.com website incorporated by reference herein, including but not limited to Mystic Net Marketing privacy and security policies.

Mystic Net Marketing reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual users when they initially register, will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Mystic Net Marketing from time to time. They may opt out of receiving such communications at that time. Note that because the Service is a hosted, online application, Mystic Net Marketing occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Mystic Net Marketing can disclose the fact that you are a paying customer and the type of the Service that you are using.

11. Charges and Payment of Fees

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments may be made annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide Mystic Net Marketing with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Center. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. Mystic Net Marketing reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

12. Billing and Renewal

Mystic Net Marketing charges and collects in advance for use of the Service. Mystic Net Marketing will automatically renew and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every quarter for quarterly licenses, (c) each year on the subsequent anniversary for annual licenses, or (d) as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Mystic Net Marketing has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Mystic Net Marketing’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Mystic Net Marketing’s income.

You agree to provide Mystic Net Marketing with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Mystic Net Marketing reserves the right to terminate your access to the Service in addition to any other legal remedies.

Unless Mystic Net Marketing in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing structures (”U.S. Customers”)

If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

13. Non-Payment and Suspension

In addition to any other rights granted to Mystic Net Marketing herein, Mystic Net Marketing reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Mystic Net Marketing initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Mystic Net Marketing may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Mystic Net Marketing reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Mystic Net Marketing has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

14. Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Mystic Net Marketing immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Mystic Net Marketing immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Mystic Net Marketing user or provide false identity information to gain access to or use the Service.

15. Account Information and Data

Mystic Net Marketing does not own any data, information or material that you submit to the Service in the course of using the Service (”Customer Data”). You, not Mystic Net Marketing, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Mystic Net Marketing shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Mystic Net Marketing reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Mystic Net Marketing shall have no obligation to maintain or forward any Customer Data.

16. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Mystic Net Marketing and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Mystic Net Marketing does not endorse any sites on the Internet that are linked through the Service. Mystic Net Marketing provides these links to you only as a matter of convenience, and in no event shall Mystic Net Marketing or its licensors be responsible for any content, products, or other materials on or available from such sites. Mystic Net Marketing provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

17. Excess Data Storage Fees

The maximum disk storage space provided to you at no additional charge is 100 MB per account. If the amount of disk storage required exceeds these limits, you will be charged the then-current storage fees. Mystic Net Marketing will use reasonable efforts to notify you when the average storage used per license reaches approximately 90% of the maximum; however, any failure by Mystic Net Marketing to so notify you shall not affect your responsibility for such additional storage charges. Mystic Net Marketing reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.

18. Termination upon Expiration/Reduction in Number of Licenses

This Agreement commences on the Effective Date. The term is indefinite and may be terminated at any time in Mystic Net Marketing’s sole discretion. You agree and acknowledge that Mystic Net Marketing has no obligation to retain the Customer Data, and may delete such Customer Data.

19. Termination for Cause

Any breach of your payment obligations or unauthorized use of the Mystic Net Marketing Technology or Service will be deemed a material breach of this Agreement. Mystic Net Marketing, in its sole discretion, may terminate your account or access to use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Mystic Net Marketing has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

You agree that you will not use the Services to:
(1) Upload or otherwise transmit any Customer Data or domain name that is unlawful, threatening, abusive, harassing,  defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2)  Conduct illegal activities; or conduct raffles, contests, or lotteries
(3) Harm minors in any way; 
(4) Use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; 
(5) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
(6) interfere with or disrupt the Services or its servers or networks connected to the Service; 
(7) Violate any applicable law or regulation, including, but not limited to, regulations promulgated by the Federal Trade Commission, U.S. Securities and Exchange Commission and or any rules or laws.

20. Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Mystic Net Marketing represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Mystic Net Marketing help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

21. Internet Delays

Mystic Net Marketing’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Mystic Net Marketing is not responsible for any server malfunctions, delays, delivery failures, or other damage resulting from such problems.

22. Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

23. Local Laws and Export Control

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (”User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Mystic Net Marketing and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited.

24. Notice

Mystic Net Marketing may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Mystic Net Marketing’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Mystic Net Marketing’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Mystic Net Marketing (such notice shall be deemed given when received by Mystic Net Marketing) at any time by letter sent by registered post to Mystic Net Marketing at: Mystic Net Marketing, 75 Steamboat Wharf, Mystic, CT 06355 

25. Modification to Terms

Mystic Net Marketing reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

26. Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of Mystic Net Marketing but may be assigned without your consent by Mystic Net Marketing to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Mystic Net Marketing directly or indirectly owning or controlling 50% or more of you shall entitle Mystic Net Marketing to terminate this Agreement for cause immediately upon written notice.

27. Mystic Net Marketing TERMS OF USE:

BY SELECTING THE “YES” BOX DISPLAYED AS PART OF THE LOGIN PROCESS, YOU AGREE TO THE FOLLOWING CONDITIONS AND TERMS (THE “AGREEMENT”) GOVERNING YOUR USE OF THE Mystic Net Marketing  ONLINE SERVICES AND WEBSITES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT PROCESS THE AGREEMENT AND MAY NOT USE THE SERVICE.

Questions or Additional Information:

David Harkins
Mystic Net Marketing
901 Noank Ledyard Rd
Mystic, CT 06355

 

877-530-4499
860-536-4499
www.Brand-Gaming.com