MystQuhist will provide its services to you only upon your acceptance of this Agreement. By accessing and browsing the site, you accept, without qualification or limitation, the following terms and conditions and acknowledge that any other agreements that may exist between you and MystQuhist with respect to the following terms and conditions are superseded and of no force and effect.
ACCEPTANCE OF TERMS. This Web Site (the MystQuhist Web Site) is owned by E Miller & Associates
The services that MystQuhist provides to you are provided subject to the following Terms of Service (“TOS”), and by accessing and using the MystQuhist Web Site (http://www.mystquhist.com), you agree to them.
(1) USE & ELIGIBILITY REQUIREMENTS. By visiting the MystQuhist web site, you consent to the following conditions. MystQuhist may, at its discretion, terminate your account, deny you eligibility to prizes, or deny you access to the MystQuhist domain name via blocking if it feels you have at any time violated the following eligibility requirements:
MystQuhist does NOT allow users under 13 years of age to register for an account or use the MystQuhist web site alone. While most of our stories are suitable for minors we do not guarantee that the language or content is appropriate for persons under 13 years of age..
While MystQuhist content is fictional it may contain content of real events past and present but does not guarantee such content for accuracy or completeness.
MystQuhist aims to be as accurate as possible when it comes to presenting historical or real content. However, MystQuhist does not warrant that any such content is accurate, complete, reliable, current, or error-free. In most instances, historical or real event content on MystQuhist has been researched from sources believed to be reliable but inaccuracies may exist. MystQuhist is NOT a researched encyclopaedia.
We provide our content for entertainment purposes only. MystQuhist is not responsible for the accuracy of any content and is not responsible for problems that may arise from the use of incorrect or incomplete content, either on the MystQuhist web site or used externally, whether used under license or otherwise.
You agree not to attempt to reverse engineer, breech security measures of or otherwise access MystQuhist for reasons other than outlined on the web site.
MystQuhist content (text and images) are copyrighted under Canadian and Int’l law, you therefore agree not to electronically copy or redistribute any content gained from MystQuhist.
You may not use any data mining, automated scripts, bots, information gathering or other automated mechanisms while connected to the MystQuhist web site.
You may not use MystQuhist in any way to promote a web site, product or service.
You agree to behave in a mature manner in all communications.
You agree to and understand that MystQuhist uses IP address logging and may use certain 3rd parties to verify your compliance to these terms.
You agree that MystQuhist may terminate your account at any time with notice for any violation of the terms and conditions of this agreement.
You agree to respect and abide by rules and directions laid out by MystQuhist.
(2) SERVICES. MystQuhist does not guarantee continuous, uninterrupted or secure access to MystQuhist services. The operation of the MystQuhist Web Site may be interfered with by numerous factors both inside and outside of MystQuhist control, and some interruption of services may occur. MystQuhist provides you with access to a variety of resources, including stories, images and information posted by MystQuhist, product information, communication forums, and other services (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties or Services, are subject to the TOS. Some of the Services are available for use without MystQuhist by the general public, and other of the Services are limited to use by Subscribers.
(3) USE LIMITATION. Unless otherwise specified, the Services are for your personal use, and may not be used for commercial purposes except as provided in the TOS.
You may not reproduce, alter, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, images, software, content, products or services obtained from the MystQuhist or its Services.
You may direct others to the MystQuhist Web Site to view information or images.
Violators of MystQuhist copyright will be prosecuted to the fullest extent of the law.
Any use of the MystQuhist web site not in accordance with the TOS, shall subject the Subscriber to termination of the Subscription Agreement and the License Agreement, and may subject the Subscriber to loss of use of the MystQuhist Web Site. Any use of the MystQuhist Web Site in violation of the TOS by any person may subject such person to loss of use of the MystQuhist Web Site.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR CONTENT TO ANY OTHER MEDIA, OR COPYING OR REPRODUCTION OF THE SOFTWARE OR CONTENT TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE OR CONTENT. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MystQuhist HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND INCLUDING ALL WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING ALL WARRANTIES OF TITLE, AND INCLUDING ALL WARRANTIES OF NON-INFRINGEMENT. MystQuhist MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SUCH TOOLS AND UTILITIES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND MystQuhist DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM USE OF SUCH TOOLS AND UTILITIES. YOU ARE RESPONSIBLE FOR ANY FAILURE BY YOU TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE THROUGH THE SERVICES OR IN MystQuhist SOFTWARE PRODUCTS.
(4) UNLAWFUL OR PROHIBITED USE. You agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOS, and you agree that it shall be a condition of your use of the Services that you comply with the TOS. You may not use the Services in any manner that could damage, disable, overburden, impair or deny Services to any MystQuhist server, or the network(s) connected to any MystQuhist server, or interfere with any other user’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, Personal Information of any other user, computer systems or networks connected to any MystQuhist server or to any of the Services, through hacking, cracking, password mining or any other means. You may not obtain or attempt to obtain any materials, images, or information through any means not intentionally made available through the Services. You may not use any e-mailing feature to spam another member or e-mail address.
Individuals who have been banned for infringements do NOT have permission to access our servers. Such individuals may be in breach of computer crime laws.
(5) NOTICE ON PERSONAL USE OF DOCUMENTS AVAILABLE ON THIS WEB SITE. Permission to use Documents (such as readme text files, help files, press releases, e-mails to Subscribers and FAQs, information and images posted by Subscribers, but excluding design or layout of the MystQuhist Web site, any and all stories, or any other MystQuhist owned, operated, licensed or controlled Web material) from the Services is granted, provided that the copyright notice and the MystQuhist Web Site URL appears in all copies and that both the copyright notice and this permission notice appear, © mystquhist.com 2019 All rights reserved.
Use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any Web site, network computer or broadcast in any media, and no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Permission to use Documents specified above does not include the design or layout of the MystQuhist Web site or any other MystQuhist owned, operated, licensed or controlled Web site. Elements of the MystQuhist Web Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MystQuhist Web Site may be copied or retransmitted unless expressly permitted by MystQuhist.
MystQuhist AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, OR IN IMAGES OR INFORMATION POSTED, OR RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, IMAGES, INFORMATION, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MystQuhist AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MystQuhist AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCURACY OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION AVAILABLE FROM THE SERVICES, AND YOU AGREE TO USE THE INFORMATION AVAILABLE FROM THE SERVICES AT YOUR OWN RISK. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MystQuhist AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. MystQuhist DOES NOT HOLD ITSELF OUT AS A ”CENSOR” OR ”MONITOR” AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE MystQuhist WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE ESTABLISHED ON THE MystQuhist WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. MystQuhist DISCLAIMS ALL RESPONSIBILITY FOR ANY MATERIAL UPLOADED TO OR POSTED ON THE MystQuhist WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD, AND YOU ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION OF THE ACCURACY OF SUCH MATERIAL.
(6) NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL MystQuhist AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, MystQuhist SOFTWARE, OR ANY DOCUMENTS OR MATERIALS POSTED TO THIS WEB SITE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
(7) RIGHT TO CHANGE THE SITE. MystQuhist may discontinue, edit, delete or change any aspect of the Web Site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, (iv) removing or changing content, features, or material available on the Web Site, and (v) restricting, suspending or terminating any user’s privilege to use the Web Site, at MystQuhist’s sole discretion, and without prior notice or liability.
(8) SUBSCRIBER ACCOUNT SECURITY RESPONSIBILITIES. If any of the Services requires you to sign up, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and by so doing you open an account with MystQuhist. In opening an account, you also will choose or be assigned a password and a user name. You are solely and exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and exclusively responsible for any and all activities that occur under your account or through access gained by use of your password and user name. You agree to notify MystQuhist immediately of any unauthorized use of your account or any other breach of security. MystQuhist will not be liable for any loss that you may incur as a result of someone else using your password or account or gaining access to personal information you submit to the web site, either with or without your knowledge. However, you could be held liable for losses incurred by MystQuhist or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
(9) CONTENT CONTRIBUTION AND COMMUNICATIONS. The Services may include e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with others (each a form of “Content Contribution” or “Communication” ). You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services or the Communication Services, you will not submit, upload, send or post:
Software or executable programs of any kind;
Material protected by intellectual property laws (or by rights of privacy or publicity), including, by way of example, and not as limitation, copyright, patent, or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same by such other parties;
Material or statements which contain vulgar, obscene, or indecent statements or graphical images;
Defamatory or abusive statements. This includes accusations levelled against other players of cheating;
Statements which threaten the person or property of others;
Advertising or other forms of solicitation, including but not limited to offers to buy or sell, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Statements which are insulting, bigoted, hateful, racially offensive, disrespectful of any ethnic group, any religion or religious group, disrespectful of any nationality, nation, or region of origin, disrespectful of any gender or sexual orientation, or which endorse or advocate illegal or immoral activity;
Statements or material which harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
Statements about any other subscriber or the employees of any subscriber;
Statements about MystQuhist or any employee or volunteer of MystQuhist;
Material or statements which are inaccurate, misleading, or fraudulent. and that you will not:
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, bots, time bombs, cancelbots, corrupted files, or any other similar software, programs, or files that may damage the operation of another’s computer or property of another, or hinder the use of MystQuhist Services.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses;
Violate any applicable laws or regulations;
Create a false identity for the purpose of misleading others;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
MystQuhist has no obligation to monitor the Services or the Communication Services. However, MystQuhist reserves the right to review materials uploaded to the MystQuhist database or posted to the Communication Services and to remove any materials in its sole discretion.
MystQuhist reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MystQuhist takes absolutely no responsibility for any damages that may result to a user from the material that the user contributes on MystQuhist, including message board posts.
Always use caution when giving out any personally identifiable information about yourself or your family members in use of any Communication Services. MystQuhist does not control or endorse the content, messages or information found in any Services or Communication Services and, therefore, MystQuhist specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Services or Communication Services, and you agree that you waive any claims against MystQuhist relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against MystQuhist relating to same.
Users of Services and Communications Services, including any moderators or administrators, are not authorized MystQuhist representatives or agents, and their opinions or statements do not necessarily reflect those of MystQuhist, and they are not authorized to bind MystQuhist to any contract.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Some images on the MystQuhist web site are used under a Creative Commons license.
(11) INFORMATIONAL CONTENT DISCLAIMER – MATERIALS PROVIDED TO MystQuhist OR POSTED AT ANY MystQuhist WEB SITE. MystQuhist does not claim responsibility for views, expressions, and content of materials that you or any Subscriber may provide, post, upload, input or submit to MystQuhist (including quizzes, feedback items, and suggestions) (“Submissions”).
However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting MystQuhist, its affiliated companies and necessary sublicenses exclusive permission to use your Submission, permanently and without restriction, in connection with the operation of their Internet businesses (including, without limitation, all MystQuhist Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, translate and reformat your Submission; to publish your name or associated username/alias in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein.
MystQuhist is under no obligation to post or use any Submission you may provide and MystQuhist may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission you warrant and represent that
The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images or Posted content.
MystQuhist DOES NOT HOLD ITSELF OUT AS A ”CENSOR” OR ”MONITOR” AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE MystQuhist WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE ESTABLISHED ON THE MystQuhist WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. MystQuhist DISCLAIMS ALL RESPONSIBILITY FOR ANY MATERIAL UPLOADED TO OR POSTED ON THE MystQuhist WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD.
(12) OTHER SUBSCRIBERS & SOCIAL INTERACTIONS. MystQuhist makes no guarantees about the veracity of information that other Subscribers may post about themselves either publicly or via private message. We do not verify ages, names, locations, or facts from other users. It is your responsibility to protect yourself when interacting with other Subscribers. MystQuhist is not responsible for any claims arising from interpersonal interactions that you may have with other people as a result of meeting them on MystQuhist.
MystQuhist has absolutely no control or say in the interpersonal relationships that players form with one another. Sharing personal information with anyone, at any time, on any web site, is a personal decision that lies entirely with the participants, and carries with it obvious risks.
(13) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR OFFENSIVE MATERIAL. MystQuhist takes infringement and plagiarism on its web site seriously. If a Subscriber does post material for which you own the copyright to, we will gladly remove it from the MystQuhist web site upon request.
If MystQuhist removes or disables access to any of the materials that are claimed to be infringing, MystQuhist may attempt to contact the owner of such materials in order to give such owner an opportunity to respond to the notification, although MystQuhist makes no promise to do so. Any and all counter notifications submitted by such owner will be furnished to the complaining party. MystQuhist will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before MystQuhist replaces or restores access to any material as a result of any counter notification.
MystQuhist will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
TRADEMARKS AND NAMES. Some MystQuhist content uses the names of famous people, places, products, and large companies in its content, and such trademarks may be mentioned in other Services, such as message boards. If you disapprove of a trademark’s use on MystQuhist, or happen to be the subject of such content (i.e. an actor, recording artist, etc) and wish such content about you to be removed, please report it here and we will remove the content.
INAPPROPRIATE CONTENT. We do our best to ensure that hateful, disrespectful, profane, or otherwise inappropriate material stays off MystQuhist. Still, there is always the possibility that such content will make its way onto our web site. Please report it here and we will remove the content and deal with the offending user expeditiously.
(19) TRADEMARKS NOTICE. TRADEMARKS AND SOFTWARE COPYRIGHTS: MystQuhist, and the graphic logos associated with such are trademarks of E Miller & Associates Any rights not expressly granted herein are reserved. Images are Copyright MystQuhist or are used under Creative Commons licenses.
(20). INDEMNIFICATION: A. You agree to defend, indemnify, and hold harmless MystQuhist, and its owners, operators, officers, directors, employees, affiliates, assigns, and agents, from and against any and all actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising from or in connection with: (i) your use of and access to the Web site; (ii) your violation of any term or provision of these Terms of Service; (iii) your failure to abide by applicable local, state, federal, and international law; (iv) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (v) any claim that one of your User Submissions caused damage to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms of Service. This defence and indemnification obligation survives these Terms of Service and your use of the Web site.
B. You hereby release and waive any and all claims, liability, and causes of action against MystQuhist arising from or in connection with your use of the Web site.
(21). LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MystQuhist, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) USE OR INABILITY TO USE MystQuhist, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON MystQuhist, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO INFORMATION AVAILABLE ON MystQuhist, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (7) 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, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MystQuhist IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MystQuhist SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
B. The Web site is controlled and offered by MystQuhist from its facilities in Canada. MystQuhist makes no representations that the Web site is appropriate or available for use in other locations. Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
(22) NO AGENCY. You and MystQuhist are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship and no such relationship(s) are intended or created by this TOS, and no such relationship(s) may be created by any use of the Services by you, or by response by you to any information or statement of MystQuhist which may appear on the MystQuhist Web site, or by response by MystQuhist to any material posted by you on the MystQuhist Web site, or by any failure of MystQuhist to respond to any material posted by you on the MystQuhist Web site or any other communications from you, and such relationship(s) may be created only by a written agreement signed by an authorized officer of E Miller & Associates.