Site Terms
MINGLEVERSE LABORATORIES INC.
"MINGLEVERSE"
SITE TERMS
Welcome to Mingleverse Laboratories' Web site (the "Site"). Whether or not you are a registered user of the Site, these terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully.
Mingleverse reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the Site Terms that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any question regarding use of the Site, all questions or comments about the Site or its contents should be directed to the Policy Officer at PolicyOfficer@mingleverse.com.
Children
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to understand, enter into, and comply with these Site Terms. You also affirm that you are over 13 years of age. If you are under 13 years of age, you may not use the Site.
Mingleverse cannot guarantee that minors do not gain access to the Site, or to Content (defined below) that parents or guardians consider inappropriate or objectionable.
Incorporated Policies or Terms
Privacy Policy. Mingleverse believes strongly in protecting user privacy and providing you notice of Mingleverse's collection and use data, including personally identifying information, collected from the Site. Therefore, Mingleverse has adopted a Privacy Policy that you should refer to fully understand how Mingleverse uses and collects information.
License and Site Access
In order to use the Site, a software utility (the "MDU") provided by Mingleverse must be installed on your computer or other device you use to access the Site, and thereafter be updated from time to time by Mingleverse via online download, and files and information cached on your computer's hard drive, or else a viewer (the "Viewer", and together with the MDU and the software forming and supporting the Site's online environment, the "Mingleverse Software") provided by Mingleverse must be used.
Mingleverse grants you a limited, non-exclusive, revocable, non-transferable license to make personal use only of the Site and the Mingleverse Software, subject to these Site Terms. Such grant does not include, without limitation, (a) any resale or commercial use of the Mingleverse Software, the Site, or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Mingleverse Software, Site or its contents; or (d) use of any data mining, robots, or similar data gathering any extraction methods, in all cases other than as may be expressly permitted in writing by Mingleverse or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mingleverse or any third party.
Some of the services offered by the Site are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when you subscribe to such services.
Mingleverse does not provide Internet access to the Site. You are responsible for all fees for Internet access.
You may not use, frame or utilize framing techniques to enclose any Mingleverse trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Mingleverse's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Mingleverse name, trademark, or product name without Mingleverse's express written consent.
You will not assemble, reverse engineer, decompile, or otherwise attempt to derive source code or create derivative works from the Mingleverse Software or any component thereof (except as permitted under applicable local law after having given Mingleverse written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability). You will not loan, sell, rent, lease, sublicense, grant a security interest in, distribute or otherwise transfer rights to the Mingleverse Software, in whole or in part. You may not copy the Mingleverse Software, except that you may copy the MDU for back-up purposes.
Any unauthorized use of this Site or the Mingleverse Software will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Account Registration
You will be required to open a user account to use the Site, except for those uses for which Mingleverse does not require you to have an account. You will receive a password and account designation when you create an account. You agree:
1. to provide true, accurate, current and complete information about yourself;
2. that you are responsible for all costs and charges you may incur under your password and account in order to use the Site;
3. you are fully responsible for all activities that occur under your password and account, and you accept all liability for any acts or omissions that occur under your account or password, even if such acts or omissions are not specifically authorized by you;
4. you will immediately notify Mingleverse of any unauthorized use of your password or account or any other breach of security; and
5. you are fully responsible for managing your password and account, including but not limited to maintaining the confidentiality of passwords and/or any account information; and maintaining and promptly updating your account information to keep it true, accurate, current and complete.
You may cancel your account at any time. There will be no refunds for any unused time or any reason, including Site downtime or suspension or termination of your account due to your violation of these Site Terms. You may not transfer your account to any other person, except with Mingleverse's consent.
Code of Conduct
This Site includes interactive areas and discussion forums, including chat rooms and bulletin board services. The Site may only be used for non-commercial purposes, unless you have Mingleverse's express written permission for commercial use. By using the Site, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, data, information, graphics, music, video, images, audio, computer programs, text or other material ("Content") that is unlawful, libellous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethically, or otherwise objectionable;
Upload to, distribute or otherwise publish through this Site any Content that is obscene, pornographic, indecent, lewd or otherwise objectionable to any person who has not given specific permission or does not have notice of such Content, or which is outside of your private areas of the Site;
Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
In any way interfere with anyone's use or enjoyment of the Site, including behaving in a manner that is unwelcome (including unwelcome sexual advances), is harassing, is intimidating, is threatening, is physically aggressive, constitutes an assault or attack, is invasive of another's privacy (including sharing information about others that is false or, without their express or implied consent, personal), is disruptive of other's activities on the Site, is damaging to another's property, is stalking, or is otherwise offensive or likely to cause harm or discomfort;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity without their consent; and
Without Mingleverse's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam to any person who has not given specific permission.
By posting or disclosing personal information about others, you represent and warrant that you have obtained the consent of the other person to make such use or disclosure, where such consent is required by applicable privacy laws.
Any interaction, correspondence or personal or business dealings with any third parties using the Site or found on or through the Site are solely between you and such parties. Mingleverse is not responsible for any damages you may suffer by entering into such transactions or communications. You and the third party, not Mingleverse, are responsible for compliance with all laws applicable in any such transaction or communication.
You may remove Content at any time, but you acknowledge that Mingleverse may retain archived copies of your User Inventory (defined below).
YOU SHOULD RETAIN COPIES OF ALL USER MATERIALS TO WHICH YOU MAY REQUIRE ACCESS IN THE FUTURE. MINGLEVERSE IS NOT OBLIGATED TO RETURN ANY USER MATERIALS OR ANY OTHER ITEMS (WHETHER VALUABLE OR NOT) YOU MAY ACQUIRE WHEN USING THE SITE. MINGLEVERSE MAY DELETE, ALTER OR TRANSFER ANY USER MATERIALS AND ANY OTHER ITEMS RESIDING ON ITS SERVERS AT ANY TIME AND FOR ANY REASON IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU.
Mingleverse takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Mingleverse is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.
Enforcement. Mingleverse has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Mingleverse may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Mingleverse reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions, is flagged as prohibited or offensive by other users, or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Mingleverse's systems and customers, or to ensure the integrity and operation of Mingleverse's business and systems, Mingleverse may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Mingleverse's right to disclose any such in formation will govern over any terms of Mingleverse's Privacy Policy.
Responsibility for Your Conduct. You will remain solely liable for the content of any User Inventory or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site, and for all your activity on the Site including any interaction, correspondence or personal or business dealings with any third parties using the Site or found on or through the Site. You agree to indemnify and hold harmless Mingleverse from any claim, action, demand, loss, or damages (including reasonable legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative works, pictures, videos, music, images or other materials and information, uploaded by you or provided by you in the form of e-mail or submissions to Mingleverse, or postings on this Site (collectively, the "User Inventory"), are non-confidential (subject to Mingleverse's Privacy Policy). By submitting the User Inventory to Mingleverse, you grant to Mingleverse the perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free and fully paid-up license (with the right to sublicense) to host, modify, publish, create derivative works of and otherwise use and exploit the User Inventory in connection with the Site, its use by you and other users, and the support, maintenance, management and promotion thereof. You consent to the publication and use of your image and likeness in connection with the Site, its use by you and other users, and the support, maintenance, management and promotion thereof. The submission of any User Inventory to Mingleverse, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Subject to the foregoing, as between Mingleverse and yourself, you will retain ownership and all related rights in the User Inventory.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures;
Unauthorized monitoring of data or traffic on the Site;
Interference with the Site including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;
Forging of any packet header, e-mail header or any part of a message header;
Using manual or electronic means to avoid any use or access limitations placed on the Site;
Uploading, posting or otherwise transmitting any data 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 or telecommunications equipment; or
Interfering with the operation of the Site, or using the Site to gain unauthorized access to other computer systems.
Ownership and Copyright
As between Mingleverse and you, title to and ownership of all rights in and to the Mingleverse Software and the Site, including copyright and all other intellectual property rights, will at all times remain with Mingleverse and/or its licensors.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Mingleverse logo, design, text, graphics, pictures, sound files and other files and the selection and arrangement thereof other than User Inventory ("Works") are ALL RIGHTS RESERVED Mingleverse Laboratories Inc. © 2009 and/or its licensors. Except as stated herein, none of the Works may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mingleverse or the respective copyright owner. Permission is granted by Mingleverse to display, copy, distribute and download the Works on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Mingleverse or the respective copyright owner, (a) copy, publish, or post any Works on any computer network or broadcast or publications media, (b) modify the Works, and (c) remove or alter any copyright and other proprietary notices contained in the Works.
Copyright Complaints
Notification of Infringement. Mingleverse respects the intellectual property of others, and expects all users of the Site to do the same. Allegedly infringing materials on the Site may be removed or suspended at any time. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that user's access to and use of the Site.
If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement or is otherwise an infringement of your intellectual property rights, please provide Mingleverse's Copyright Agent the following written information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site, with enough detail that Mingleverse may find it on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Mingleverse's Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Copyright Agent
Mingleverse Laboratories Inc.
Address: 307-1788 W. 5th Ave, Vancouver, BC, V6J 1P2, Canada.
Phone:(604) 736-6666
Fax:(604) 288-5012
E-mail: Copyright@mingleverse.com
Counter-Notification. If you elect to send Mingleverse a counter notification (i.e. in the event Mingleverse has taken down or disabled access to material that you have contributed to the Site in response to a notice of its infringement), to be effective it must be a written communication provided to Mingleverse's Copyright Agent that includes substantially the following:
1. An electronic or physical signature of the person authorized to act on behalf of the user;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. your name, address, and telephone number; and
5. a statement that you consent to the jurisdiction of the Federal Court in the district in which your address is located or, if your address is outside the United States, that you consent to any jurisdiction where Mingleverse may be found, and that you will accept service if process originates from the complainant who provided an Infringement Notice or from the agent for such person.
Such counter-notification should be sent to Mingleverse's Copyright Agent at:
Copyright Agent
Mingleverse Laboratories Inc.
Address: 307-1788 W. 5th Ave, Vancouver, BC, V6J 1P2, Canada.
Phone:(604) 736-6666
Fax:(604) 288-5012
E-mail: Copyright@mingleverse.com
Trademarks and Service Marks
The Mingleverse logo and the products and services described in this Site, including without limitation "Mingleverse", are either trademarks, service marks or registered trademarks of Mingleverse and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mingleverse or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Mingleverse, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mingleverse. All other trademarks, registered trademarks, product names and names or logos mentioned herein are the property of their respective owners.
Linking
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Mingleverse or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any Mingleverse logo or other proprietary graphic or trademark of Mingleverse to link to this Site without the express written permission of Mingleverse. This limited right may be revoked at any time.
Third-Party Links. Mingleverse makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Mingleverse and Mingleverse is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mingleverse is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mingleverse of the site or any information contained therein. When leaving the Site to another website, you should be aware that Mingleverse's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Export Restrictions
Any software, including without limitation the MDU, and all underlying information and technology downloaded from this Site (collectively the "Downloaded Software") by you may be subject to government export controls and may be subject to government export and import regulations. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Downloaded Software to any county, or to any person, entity, or end-user prohibited by export controls. You further represent and warrant that no government agency has suspended, revoked or denied your export privileges.
Operation and Maintenance of the Site
Mingleverse operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where Mingleverse has advance knowledge of any interruption to the Site's services, Mingleverse will make reasonable efforts to provide notice to you of any such interruption, such as by posting online information of the interruption.
Disclaimers
"AS IS" BASIS. THE MINGLEVERSE SOFTWARE, THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED OR STATUTORY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR MINGLEVERSE SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH OR IN CONNECTION WITH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. MINGLEVERSE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MINGLEVERSE SOFTWARE AND THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. MINGLEVERSE DOES NOT REPRESENT OR WARRANT THAT THE MINGLEVERSE SOFTWARE OR MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MINGLEVERSE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MINGLEVERSE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE AND THE MINGLEVERSE SOFTWARE IS SAFE, MINGLEVERSE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE MINGLEVERSE SOFTWARE OR THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Mingleverse reserves the right to change any and all content contained in this Site and to block or prevent future access to and use of the Site, including discontinuing the Site in whole or in part, in which case you will not be entitled to any refund of fees paid for use of the Site at any time without notice.
Limitation of Liability
IN NO EVENT WILL MINGLEVERSE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LACK OF AVAILABILITY OF YOUR COMPUTER FACILITIES, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR LOSS OF DATA WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MINGLEVERSE SOFTWARE OR THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE EVEN IF MINGLEVERSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF MINGLEVERSE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE MINGLEVERSE SOFTWARE AND THE SITE EXCEED $50.00 OR THE COMPENSATION YOU PAID MINGLEVERSE, WHICHEVER IS GREATER.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Disputes
These Site Terms will be governed by and construed in accordance with the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflicts of law principles that would apply a different body of law. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Site Terms or to the transactions contemplated by these Site Terms or otherwise to create any rights or to impose any duties or obligations on any party to these Site Terms. All disputes arising out of or in connection with these Site Terms, or in respect of any defined legal relationship associated therewith or derived therefrom, will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. Notwithstanding the foregoing, nothing in these Site Terms will prevent Mingleverse from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you or otherwise over such subject matter.
Court Jurisdiction
Subject to the foregoing provision "Applicable Law and Disputes", the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to these Site Terms. Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any such action or proceeding, and any claim it may now or in the future have that any such action or proceeding has been brought in an inconvenient forum.
Jurisdiction
Mingleverse makes no representation that the Site is appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If you choose to access the Site from such a location, you do so on your own initiative and you are responsible for compliance with local laws.
Termination
Notwithstanding any of these Site Terms, Mingleverse reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Severability
If any provision of these Site Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not effect the validity and enforceability of any remaining provisions.
English Language
You agree that these Site Terms will be in English. All notices and other communications under these Site Terms will be in English. All legal proceedings and arbitrations will be conducted in English.
Waiver
No failure or delay on the part of any party in exercising any power or right under these Site Terms will operate as a waiver of such power or right. No single or partial exercise of any right or power under these Site Terms will preclude any further or other exercise of such right or power. No modification or waiver of any provision of these Site Terms and no consent to any departure by any party from any provision of these Site Terms will be effective until the same is in writing. Any such waiver or consent will be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on any party in any circumstances will entitle such party to any other or further notice or demand in similar or other circumstances.
Force Majeure
The failure or delay of Mingleverse to perform any obligation under these Site Terms due to any circumstance beyond its reasonable control ("Force Majeure"), including but not limited to acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labour disputes or disturbances, fire, transportation contingencies, shortage of facilities, labour or materials, or laws, regulations, acts or orders of any governmental agency or official, other catastrophes, or failures or fluctuations in electrical power or telecommunication services or other similar utilities, will be deemed not to be a breach of these Site Terms.
Assignment
You may not assign these Site Terms in whole or in part without the prior written consent of Mingleverse. Any attempt by you to assign any of the rights or to delegate any of the duties or obligations of these Site Terms without such prior written consent is void.
Mingleverse may, without your consent, assign these Site Terms and any of its rights and obligations to an affiliate or subsidiary, or as part of the sale of all or any part of the business or assets of Mingleverse, or pursuant to any merger, consolidation, business combination or other reorganization of Mingleverse, whether by plan of arrangement or otherwise.
Headings and Captions
The headings and captions of sections and paragraphs contained in these Site Terms are all inserted for convenience of reference only and are not to be considered when interpreting these Site Terms.
Entire Agreement
These Site Terms and any incorporated policies or terms supersede all previous invitations, proposals, letters, correspondence, negotiations, promises, agreements, covenants, conditions, representations and warranties with respect to the subject matter of these Site Terms. There is no representation, warranty, collateral term or condition or collateral agreement affecting these Site Terms, other than as expressed in writing in these Site Terms. No trade terms or trade usages are to be incorporated by reference implicitly or otherwise into these Site Terms, unless expressly referred to in these Site Terms.
