Legality
Terms & Conditions of Use
Last Updated: February 20, 2023
Intellectual Property
This Agreement does not transfer from us to you any intellectual property by The Mystichrome Cobra Authority or any third parties, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Mystichrome Cobra Authority and its licensors. Our intellectual property includes, but is not limited to, our various logos and logotypes for The Mystichrome Cobra Authority and its distinctive Services along with the various aspects of design, aesthetics, and functionality of our website and its branding and identity. Our unique elements of branding and identity, along with our chosen combinations of color and typographical palettes, are included in the distinctive trade dress for The Mystichrome Cobra Authority, and trade dress is an aspect of trademark law, which is a form of intellectual property protection law, all of which is protected in United States federal law and California state law. No person or entity can use, display, or represent any of our intellectual property and its likeness thereof without the expressed, written permission by The Mystichrome Cobra Authority.
Third-Party Services
In using our Site and Services, you may use third-party services, products, software, embeds, applications, or websites developed by a third party (“Third-Party Services”). If you use any such Third-Party Services, you understand that:
- Any use of Third-Party Services is at your own risk, and we shall not be responsible or liable to anyone for Third-Party Services.
- You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
Accounts
Where use of any part of our Site requires an account, you agree to provide us with complete and accurate information and material when you register for an account, and you agree that all provided information and material regarding you and/or your vehicle shall become either the property of and/or licensed to The Mystichrome Cobra Authority for use and inclusion in The Mystichrome Cobra Community, The Mystichrome Cobra Owners Registry, and/or The Mystichrome Cobra Photo Gallery, depending on your vehicle ownership status and assumed User role. Access and usage of our Site and Services is determined by the following three identified types of interested parties which assume distinguishable and functional User roles on our Site (collectively, “Users”): (1.) Users who own a Mystichrome Cobra and register an account on our Site to transact business and make use of the various services offered by The Mystichrome Cobra Authority due to their more privileged User role (“Mystichrome Cobra Owners”), (2.) Users who do not own a Mystichrome Cobra and register an account on our Site to make use of minimal Services due to their vehicle ownership status and restricted User role (“General Enthusiasts”), and (3.) Users who visit our Site without registering an account (“Visitors”). The various privileges, opportunities, and abilities of each of the three identified Users are generally outlined as follows:
- Mystichrome Cobra Owners are permitted to view all public and private Site pages, to sign in to participate in our Site’s public and private forums in The Mystichrome Cobra Community, and to access private forms reserved for submitting certain vehicle information in The Mystichrome Cobra Owners Registry and uploading vehicle photographic files in The Mystichrome Cobra Photo Gallery.
- General Enthusiasts are permitted to view all public Site pages and to sign in to participate in our Site forums since they have an active account, but since they do not own/register a Mystichrome Cobra and have a restricted User role, they are not permitted to view private pages reserved for Mystichrome Cobra Owners, spectate or participate in private forums reserved for Mystichrome Cobra Owners, and access certain private forms reserved for Mystichrome Cobra Owners in submitting certain vehicle information in The Mystichrome Cobra Owners Registry and uploading vehicle photographic files in The Mystichrome Cobra Photo Gallery.
- Visitors are permitted to view all public Site pages and spectate in our Site forums, but since they do not own/register a Mystichrome Cobra and/or have an active account, they are restricted from viewing private pages reserved for Mystichrome Cobra Owners, spectating in private forums reserved for Mystichrome Cobra Owners, and accessing certain private forms reserved for Mystichrome Cobra Owners in submitting certain vehicle information in The Mystichrome Cobra Owners Registry and uploading vehicle photographic files in The Mystichrome Cobra Photo Gallery.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account that you use to access our Site and Services. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Links to Other Websites
Our Site may contain links to Third-Party Services that are not owned or controlled by The Mystichrome Cobra Authority, and we assume no responsibility for the content, privacy policies, or practices of any Third-Party Services. The Mystichrome Cobra Authority shall also not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We advise you to read the terms and conditions and privacy policies of any Third-Party Services that you visit.
User Content & Conduct
All communicative and visual material that you submit, upload, or otherwise make available to our Site and Services (“Content”) may be reviewed by The Mystichrome Cobra Authority. All Content that you submit or upload may be sent to Third-Party Services for verification (including, but not limited to, spam-prevention services). Do not submit any Content that you consider to be private or confidential.
You agree to not use our Site and Services to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, and likely to be offensive; contains adult-rated or objectionable content; contains personally identifiable information of other people; risks copyright infringement; encourages unlawful activity; or otherwise violates any state or federal laws. You are entirely responsible for the direct, indirect, and contextual meanings of and any harm resulting from your Content or your conduct. We may remove or modify any Content submitted at any time, with or without cause, and with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. We may terminate your access to all or any part of our Services at any time, with or without cause, and with or without notice. The Mystichrome Cobra Authority assumes all of its Users are mature, rational-minded adults and will be treated as such. We respectfully ask that you conduct yourself with decorum and treat other Users and their opinions with the same respect and dignity that you wish to receive in return.
By registering an account, you are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with our Site and Services. You will retain copyright over your Content.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your account with The Mystichrome Cobra Authority, you may simply discontinue using our Services. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. All information and material provided, shared, uploaded, or transmitted by you during your time and course of holding and maintaining an active account shall remain either the property of and/or licensed to The Mystichrome Cobra Authority for continued use and inclusion in The Mystichrome Cobra Owners Registry and/or the Site at large and certain Services.
Disclaimer
Our Site and Services are provided in an “as is” condition and on an “as available” basis. The Mystichrome Cobra Authority and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither we, nor our suppliers and licensors, make any warranty that our Site will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Site at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Site and Services will be governed by the laws of California, United States of America. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Site and Services will be the state and federal courts located in California, United States of America.
Changes
The Mystichrome Cobra Authority reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make changes that are material, we will let you know by posting on our website or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. We will try to provide at least 30 days of notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period or once the changes become effective. Your continued use of our Services will be subject to the new Terms.
Contact Us
If you have any questions about these Terms and Conditions of Use, please contact us at administrator@mystichrome.com with “Terms & Conditions” in the subject line.