TERMS OF SERVICE AND END USER LICENSE AGREEMENT
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 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
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
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
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.
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:
Unlimited Gamez Inc. / Mystical Melonie - Copyright Agent Department
PO Box #10190 PMB #13
Grand Cayman, Cayman Islands, KY1-1002
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.
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.”
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.
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
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.
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.
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.