Terms and Conditions
ProMystic Terms and Conditions
Welcome to ProMystic! These Terms and Conditions apply to your use of the ProMystic website and your purchase and use of all ProMystic products.
1. Acceptance of Terms. At heart, ProMystic is a technology company that develops and sells innovative products for magic and mentalism creators. These ProMystic Terms and Conditions are entered into between you and ProMystic (“ProMystic” or “we”). The following terms and conditions (these “Terms”) govern your access to and use of www.ProMystic.com, including any content, functionality, and services offered on or through that site (“Website”). These Terms also govern the sale and use of the ProMystic and third-party products made available through the Website (“Products”), regardless of the date of purchase. Please note that Products often include a combination of hardware, materials or accessories, and embedded firmware and other software code.
PLEASE NOTE: Your access to and use of the Website and Products are subject to these Terms, as well as all applicable laws and regulations. Please read these Terms carefully. If you do not accept and agree to be bound by these Terms, you are not authorized to access or otherwise use the Website or purchase or use any Product. By using the Website, by clicking to accept or agree to the Terms, or by purchasing or using a Product, you accept and agree to be bound by these Terms. You and ProMystic acknowledge that you both have entered into these Terms in consideration of the mutual covenants in these Terms and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. If you do not want to agree to these Terms, you must not access or use the Website or purchase or use any Products. The Website is intended for use only by users who are at least 18 years old.
2. Changes to the Terms. ProMystic may update these Terms from time to time without advance notice by posting the revised Terms here. Your continued use of the Website after the Terms are updated will constitute your acceptance of the updated Terms. You are encouraged to review the Website and these Terms periodically for updates and changes. If you do not agree to the updated Terms, you must stop using the Website, and using or purchasing Products. Unless otherwise indicated, any new content, Products or services added to the Website will also be subject to these Terms effective upon the date of the addition. You can review the most current version of these Terms at any time at https://www.promystic.com/terms-and-conditions/ .
3. Accessing the Website. We reserve the right to withdraw or amend this Website, and any Products or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is, or if any Products are, unavailable at any time or for any period or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. If you choose, or are provided with, a user name, password, or any other piece of information as part of our login or checkout procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Usage Data. To access the Website or purchase Products, you may be asked to provide certain registration details or other information, and you agree that ProMystic will collect and use data and information through your use of the Website (“Usage Data”). Our use and collection of Usage Data is governed by our Privacy Policy, and you consent to all actions we take with respect to Usage Data consistent with our Privacy Policy. You hereby grant ProMystic and its sublicensees a worldwide, royalty-free, non-exclusive, fully paid-up, transferable, sublicensable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform, display, and create derivative works of Usage Data in order to provide the Website to you and for other ProMystic business purposes.
5. Purchases. If you purchase any Products, you agree to allow ProMystic’s payment affiliates or service providers to process and store your payment card information. You also agree to pay the applicable fees for the Products as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are non-refundable. Please note that some Products may not be available in all jurisdictions.
6. Intellectual Property Ownership. ProMystic (or its licensors or vendors) own all intellectual property rights and associated know-how in and to the Website and Products (including all hardware, software, contents, features, functionality, text, displays, images, video, audio, and the design, selection, and arrangement of those things). The Website and Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
ProMystic grants Product purchasers a limited, personal, non-transferable, non-sublicensable right and license to use the intellectual property contained in the Products in accordance with these Terms.
You may use the Products for personal enjoyment and in public performances.
You shall not copy, reproduce, reverse engineer, decompile, disassemble, distribute, modify, adapt, disclose the functionality or operation of, or create derivative works of any Product, or develop products designed to mimic the features or functionality of, or effects or illusions created by, the Products. Among other things, this means that you may not circumvent the normal operation of the Products (e.g., by decoding the wireless communication encoding included in certain Products) or disclose how the Products work.
Also, you must not reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
Under no circumstances will you acquire any ownership rights or other interest in any content on this Website or the intellectual property rights in the Products by or through your use of the Website or purchase of a Product (except for the limited license in the preceding paragraph). The ProMystic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ProMystic or its affiliates or licensors. You may not use those names or marks without ProMystic’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
7. Permitted Uses. You may use the Website and Products only for lawful purposes and in accordance with these Terms. You agree that you will not (a) use the Website or Products in any way that violates any applicable federal, state, local, or international law or regulation, (b) use the Website or Products for any unauthorized, fraudulent, or malicious purpose, (c) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Products, or which, as determined by us, may harm ProMystic or users of the Website or Products or expose them to liability, (d) use the Website in any manner that could disable, overburden, damage, or impair the site, (e) use any robot, spider, scraper, bot or other automatic device, process, or means to access the Website for any purpose, including monitoring, scraping, framing or copying any of the material on the Website, (f) access systems, data or information not intended by us to be made accessible to a user, (g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (f) use the Website or Products for any use other than the business purpose for which it was intended.
8. Links. 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
9. Limited Warranty and DISCLAIMER. ProMystic warrants to you that the Products will be free from material defects in materials or workmanship for one year from the date of purchase. If your Product is defective, please contact ProMystic (see the How to Contact ProMystic section below) to arrange for return of your Product, at your expense. If we determine that the Product is defective following return of the Product, we will (as our sole and exclusive obligation and your sole and exclusive remedy) provide you with a replacement Product at no cost. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, YOUR USE OF THE WEBSITE AND PRODUCTS IS AT YOUR SOLE RISK, AND ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. PROMYSTIC MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROMYSTIC MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR PRODUCTS ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS WILL BE CORRECTED. NO PROMYSTIC DEALER, AGENT, DISTRIBUTOR OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.
10. Limitation of Liability and Indemnity.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL PROMYSTIC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, FAILURE OR MALFUNCTION OF A PRODUCT, OR (B) ANY AND ALL OTHER DAMAGES OR LOSSES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO LIABILITY, EVEN IF PROMYSTIC HAS BEEN INFORMED OF THE POSSIBILITY OF HIGHER DAMAGES.
You agree to defend, indemnify, and hold harmless ProMystic, 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 third-party 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 or your use of the Website or Products.
11. Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
12. Governing Law; Miscellaneous. These Terms, and any disputes arising out of them, are governed by the laws of the State of Arizona. You and ProMystic agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of Arizona, USA. You and ProMystic expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or otherwise contrary to applicable law, you and ProMystic intend that all remaining provisions of these Terms remain in full force and effect. For example, if a limitation or restriction is unenforceable, we both intend for all remaining limitations and restrictions to continue to bind us.
13. How to Contact ProMystic. If you have any questions about these Terms, please contact us by telephone at +1-855-776-6978 or by email at sales@promystic.com
Last Modified: February 28, 2018