18:09 ST

Terms of Use

Last updated: March 3rd, 2017

We've done our best to provide provide descriptive headings and short summaries for each of the clauses, but in case of
discrepancies the more verbose version on the left is the one which is legally binding.


By visiting this site, you accept our terms

The use of this website is subject to the following terms of use and the conditions of our privacy policy. By visiting this website you acknowledge that you have read, understood and agree to these clauses. We may update these policies from time to time and it is your responsibility to check for updates.

As a member of Mycena Cave, you agree to these Terms of Use, and it is your responsibility to monitor it for changes.

We will protect our intellectual property rights

The contents of this website, including the text, graphics, software, story and multi-media content is protected under both United States and foreign laws. Unauthorized use of our content may violate copyright, trademark and other laws. You have no rights to use this content except as permitted by this agreement without prior written consent from us.

The trademarks, service marks and logos used on the website are registered marks of Mycena Cave. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use these marks without our prior written permission specific for each such use. All goodwill generated from the use of our marks must be for the benefit of Mycena Cave.

All content in and of MycenaCave.com and related to Mycena Cave pets, NPCs or concepts is solely the property of the Mycena Cave administration. This includes derivative artwork, written works, pet colorations, and suggestions and ideas made by and for Mycena Cave. As a user, you or your legal guardians give Mycena Cave rights to use any written works, art, text, ideas and suggestions that you have submitted or uploaded to this site that are related to Mycena Cave. This is a non-verbal, non-reversible and exclusive right to use anything you have submitted related to Mycena Cave in any way we see fit. We have the right to modify, republish, transmit, change or edit any of your submissions to Mycena Cave.

Any and all Mycena Cave related information received becomes the automatic property of Mycena Cave, including any art, written works, suggestions, coding and other information related to or based on Mycena Cave ("derivative work"). When you submit any information, written work, materials, or any of the aforementioned things, you are acknowledging that you assign Mycena Cave all associated rights to the derivative work, and that you are legally able to do so and thereby take all responsibility for this.

You may display your pets on your own personal websites so long as there is a clear "© Mycena Cave" on the image, as well as a direct link to MycenaCave.com.

This website and its underlying concepts are protected by United States copyright law. Don't steal them. Don't try to turn a profit from them.

You grant us ownership of any "derivative work" relating to Mycena Cave characters, species, etc. You grant us the permanent right to store, modify and display any information that you submit, i.e. anything that goes from your browser to Mycena Cave.

NO WARRANTIES / LIMITATION OF LIABILITY / ALL CAPS

OUR LAWYERS HAVE TOLD US THAT WE NEED TO PUT THE FOLLOWING TEXT IN ALL CAPS. PLEASE EXCUSE THE FOLLOWING WALL OF TEXT. WE DON'T USUALLY YELL.

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

We make no guarantees, and cannot be held liable for anything that happens here. If this website eats your firstborn son, that's a shame, but not our problem.

We are not responsible for external sites

We may, from time to time, link to external websites. These links do not represent our endorsement of external content. We are not responsible for any external content. If you have any concerns about content on external sites, please get in touch with the administrators of those sites. Please be careful when visiting external sites and keep your computer protected from viruses and other digital nasties.

We are not the internet. We are not responsible for horrible things you might find elsewhere.

Digital Millennium Copyright Act is a thing

We respect the intellectual property rights of others. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.

Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is: glitch@mycenacave.com

To help us identify any work that you believe constitutes a copyright infringement, please provide us with the follow:

  • A description of the copyrighted work and the URL on which it appears
  • Your contact details, including email address
  • A statement that you have a good faith belief that our use of the work is not authorized
  • A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
  • An electronic or physical signature of the copyright owner or a person authorized to act on their behalf

Most likely this clause does not apply to you. If it does, read it carefully.

This is an American web site

This website is based in the United States of America. We make no claims whether this site can be downloaded or appropriately used outside of the Unites States. If you access it from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with local laws.

We are not familiar with foreign laws, and so cannot enforce them. If they apply to you, following them is your responsibility.

We can terminate this agreement at will

We reserve the right, at our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

Obviously we will not just ban people for no reason, but this clause essentially says "we have the last word".

Payments are final

Any and all payments made to Mycena Cave for services or goods (virtual or physical) are final. In the event that this agreement is terminated, or this website ceases operations, goods and purchases on this website will be forfeit and will not be refunded.

Mycena Cave offers virtual products in the form of "Gems", "Paw Prints" or "Custom Pets". In purchasing from Mycena Cave, you realize that you do not claim any legal ownership to the goods. Mycena Cave purchases are subject to our refund policy. Outside of this policy, Mycena Cave does not provide any refunds for any reason, including but not limited to revoking access to the site or seizing content. In the event that you lose your purchased goods due to a bug, or another player steals them from you, Mycena Cave reserves the right to not refund or give back any purchases for any reason.

The user submitting the charge is responsible for all payments incurred by themselves in the purchase of goods on Mycena Cave or any other Mycena Cave merchandise. You agree that Mycena Cave is not liable or responsible for charges made from either bank or credit card providers in association with the transactions you submit. You agree that by initiating a Chargeback or Charge Dispute, or any other means of attempting to recover funds spent through a Mycena Cave transaction will result in an immediate, permanent ban, and that you accept liability for the transaction in question, any fees, such as chargeback fees or legal fees, that Mycena Cave incurs due to your attempt to recover funds.

Spending money here does not grant your account superpowers. If you manage to get yourself banned, or if we go out of business, we won't refund you.

Don't steal from us. Reversing a Mycena Cave charge through your bank or Paypal will result in an immediate site-ban, and you will still be liable for the purchase, as well as any fees that we incur as a result.

Miscellaneous legalese be here

This agreement is governed by the internal substantive laws of the State of Wyoming. You agree to submit to the exclusive personal jurisdiction of the state and federal courts in the State of Wyoming. If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.

If we fail to act on, or enforce, any provision in this agreement, this shall not be construed as a waiver of that, or any other, provision. We will only grant waivers to specific provisions, for specific instances, in writing. This agreement constitutes the entire agreement between you and us with respect to this website and supersedes all previous or contemporaneous agreements. The section headings and short summaries are merely provided for convenience and shall not be given any legal import. This agreement will inure to the benefit of our successors, assignees, licensees and sublicensees.

If you quit or are banned, you don't regain ownership of submitted works, get any refunds, etc. Also, if we fail to enforce anything in this agreement, it does not imply consent.