Date of Last Revision: August 8th, 2023
You must agree to these Terms to use the Service. If you use the Service, or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the Service.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
- Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
- Your Device. Mythical Store is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
- No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
- License Grant. Subject to the terms and conditions of these Terms, Mythical Store hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
- Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Mythical Store in its sole discretion.
- Eligibility. You may only use the Service if you are 16 years of age or older. To register for an account, purchase products via the Service, or subscribe to receive any content or other marketing or promotional material from us through the Service (in any form and via any media) you must be an individual at least 18 years of age and able to enter into legally binding contracts.
- Investigations. We may, but are not obligated to, monitor, or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion immediately terminate your license to use the Service pursuant to Section 17 (Termination) below.
- Violation of these Terms. You must not use (or permit a third party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, other than as permitted by the robots.txt file for the Site; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Mythical Store has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
- Accounts. To use certain features of the Service, you may be required to create a Mythical Store account and provide us with a username, password, and certain other information about yourself. You may also create an account by logging in through certain third-party authentication platforms (e.g., Facebook OAuth, Twitter OAuth). By logging in through a third-party authentication platform, you authorize us to collect your name, email address, language preference, and access token. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.
- Fees. You agree to pay all applicable charges, fees, and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Mythical Store immediately if you become aware of any unauthorized use of your password or of your account.
- Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
- Account Cancellation by You. You may cancel your account by logging into your account and selecting the cancellation option. You may also contact us at the information in Section 23 (Contact Us) below.
- Account Cancellation by Us. Mythical Store may terminate your account at any time for any reason or no reason, including if: (i) we determine that you are (A) in breach of or otherwise acting inconsistently with these Terms or (B) engaging in fraudulent or illegal activities or other conduct that may result in liability to Mythical Store; (ii) Mythical Store determines it is required by law to terminate your account; or (iii) Mythical Store decides to stop providing the Service or critical portions of the Service. When terminating your account, Mythical Store may cancel your account and delete the information in it. You have no ownership rights in your account.
- Payment Method. If you choose to purchase products, you will be required to provide a current, valid, accepted method of payment (“Payment Method”). You may choose to have your Payment Method saved for easier subsequent checkouts.
- Payment. If you choose to purchase goods from us, you agree that we may charge your credit card, or other chosen Payment Method, and you understand that all payments must be in U.S. dollars. Mythical Store uses authorized third parties for the purpose of processing your transactions, credit card authorization, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Mythical Store the right to store and process your information with such third parties. You agree that Mythical Store will not be responsible for any failures of such third parties to adequately protect your information.
- Product Availability. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. All prices displayed through the Service are quoted in the selected currency (USD, CAD, EUR, GBP, AUD) and are exclusive of taxes, foreign exchange fees, and delivery charges.
- Personal Use. Unless you are an authorized retailer, all products sold by or received from Mythical Store are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise received from Mythical Store. Mythical Store reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Mythical Store in its sole discretion.
- Product Returns. Our return and exchange policy is available at https://mythical.com/pages/returns-exchanges, which is incorporated herein by reference.
- Mythical Rewards Program. Mythical Store offers the Mythical Rewards program (“Mythical Rewards”) to provide you with rewards (e.g., discounts, coupons, or other price reductions) for eligible online purchases).
- Eligibility. Mythical Rewards is offered at the sole discretion of Mythical Store. The Program is available to individuals for their personal use only and is limited to one account per individual. To become a member of Mythical Rewards, you (a) must be 18 years of age or older and able to enter into legally binding contracts; (b) maintain a valid email address; (c) not already be a member of Mythical Rewards (i.e., you do not already have a Mythical Store account), and (d) not have been previously terminated from Mythical Rewards or any rewards program from Mythical Store or our parent or affiliate companies. Employees of Mythical Store and our parent or affiliate companies are eligible for membership in Mythical Rewards for personal use only but may be excluded from certain benefits of Mythical Rewards. Mythical Rewards is void where prohibited by law.
- Personal Use. Mythical Rewards is intended for personal use only. Commercial use is prohibited. Mythical Rewards is not targeted towards, nor intended for use by, any one under the age of 18.
- Program Enrollment. You may enroll in Mythical Rewards by visiting https://mythical.com/account/register and creating a Mythical Store account. You are required to provide your name, email address, and password to enroll. You may also have the opportunity to provide your postal address and certain other information to us. You agree to complete the enrollment process by providing us with current, complete, and accurate information as requested by any forms. You further agree to maintain such information to keep it current, complete, and accurate. Member accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else. Only one Mythical Store account may be associated with a single email address. In the event of a dispute over ownership of the Mythical Store account, the owner will be deemed to be the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business entity, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- Earning Points. Once you have registered for a Mythical Store account, you may earn points by purchasing Qualifying Mythical Store Products from the Site. “Qualifying Mythical Store Products” are regularly priced merchandise only and exclude gift cards, taxes, discounts, donations, shipping and delivery fees, and other excluded charges specified by us from time-to-time. You will receive one (1) point per dollar spent on Qualifying Mythical Store Products. You may also earn points by performing certain actions such as leaving a review, by following Mythical Store on applicable social media accounts (i.e., Instagram), by referring friends or family members who sign up for Mythical Rewards and make a purchase of Qualifying Mythical Store Products, for certain events, such as your birthday (if you provide us with you date of birth), and certain other actions or events specified by us from time-to-time. For your purchase to qualify to earn points, you must be signed into your Mythical Store account at the time of purchase. All points earned from purchases on the Site are pending until your order ships, at which time the points are fully matured and capable of redemption. Only purchases through the Site are eligible for points.
- No Cash Value. There are no enrollment, participation, or membership fees associated with Mythical Rewards. Points accrued in connection with Mythical Rewards are promotional, have no cash value, and cannot be redeemed for cash, cash equivalent, or credit.
- Reward Redemption. Points are redeemable toward purchases of Qualifying Mythical Store Products on the Site (a “Reward Redemption”). The number of points required for a Reward Redemption is determined by Mythical Store in its sole discretion and may be changed without prior notice to you. You may view how many points you have accumulated by signing into your Mythical Store account. Points used for a Reward Redemption will be deducted from the total points available in your Mythical Store account. Members cannot use more points than what they currently have in their account. You must be logged in to your Mythical Store account and must be in good standing to qualify for a Reward Redemption. Reward Redemptions are available only on the Site. Qualifying Mythical Store Product quantities may be limited, and Mythical Store cannot guarantee the availability of any product at any time. The products available through Reward Redemptions are intended for your personal use only. You may not sell or resell any such products. Reward Redemptions cannot be combined with any other coupon, discount, or promotion, unless otherwise expressly indicated by Mythical Store. Reward Redemptions from points believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Mythical Store accountholder, will be void and will not be honored. If part or all of a Reward Redemption is cancelled or voided or if the Reward Redemption is obtained through fraudulent or other activity that violates these Terms, points credited to your account will be decreased or reversed. Products obtained through Reward Redemptions cannot be exchanged or returned for points, another product, or a monetary refund. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Program Terms
- Transfers. Points are non-transferable and you have no property rights in or to points, Reward Redemptions, or other Program benefits.
- Taxes. Mythical Store cannot and does not offer tax-related advice. This section is provided for information purposes only and is not intended to constitute tax advice. Points, Reward Redemptions, and other Mythical Rewards benefits may be subject to income or other taxes. You are responsible for determining and fulfilling your obligations under applicable laws to report and remit any applicable taxes. Mythical Store is not responsible for withholding, collecting, reporting, or remitting any taxes arising from your participation in Mythical Rewards including, without limitation, earning points and Reward Redemptions.
- Changes. Mythical Store may, in its sole discretion, cancel, change, suspend, or modify any aspect of Mythical Rewards with or without notice. Membership in Mythical Rewards may be revoked at any time.
- From time to time, Mythical Store may, in its sole discretion, run online discounts and promotions on products purchased through the Site (a “Promotion”). Promotions are subject to both these Terms and any additional Promotion-specific terms (“Specific Promotion Terms”) which are incorporated into these Terms by reference. You should ensure that you read the Specific Promotion Terms that apply to each Promotion.
- Promotions are redeemable on online purchases through the Site only.
- Promotions cannot be applied to previous purchases nor combined with any other Promotions, discounts, coupons, or offers including, without limitation, any reward program(s), unless otherwise expressly indicated by Mythical Store. Only one Promotion may be applied per order. Promotions may not be applied to gift cards, taxes, or shipping and delivery fees, unless otherwise expressly indicated by Mythical Store. Promotions are not valid for cash, cash equivalent, or credit.
- Promotions are only available for a limited time. Please see the Promotion period in the Specific Promotion Terms.
- Promotions are subject to product availability and product quantities may be limited. Mythical Store cannot guarantee the availability of any product at any time.
- Mythical Store reserves the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, involved or may result in the violation of these Terms, any applicable Specific Promotion Terms, or the law. We further reserve the right to cancel or modify any Promotion or Specific Promotion Terms at any time without notice and in our sole discretion.
- If you have questions concerning any Promotion or Specific Promotion Terms, please contact us at the contact details below in Section 23 (Contact Us).
- By agreeing to these Terms or using the Service, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, operational communications concerning your account, or marketing materials.
- If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself or by contacting us at the information in Section 23 (Contact Us) below.
- User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in to the Program, such as through online enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
- User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Mythical Store to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than the word STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Mythical Store of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Mythical Store, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
- Program Description: Without limiting the scope of the Program, users that opt in to the Program can expect to receive messages concerning the marketing and sale of products, services, and events.
- Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Mythical Store.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, or coverage change or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Mythical Store’s control.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.
- The Mythical Entertainment mobile message service (the "Service") is operated by Mythical Entertainment (“Mythical Entertainment”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
- By consenting to Mythical Entertainment’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mythical Entertainment through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
- You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mythical Entertainment. Your participation in this program is completely voluntary.
- We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
- You may opt-out of the Service at any time. Text the single keyword command STOP to +18666647159 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mythical Entertainment mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
- For Service support or assistance, text HELP to +18666647159 or email email@example.com.
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
- The Service may contain links to website operated by other parties (“Third-Party Sites”). Mythical Store provides these links to Third-Party Sites as a convenience and use of the Third-Party Sites is at your own risk. The Third-Party Sites are not under the control of Mythical Store and Mythical Store is not responsible for the content available on the Third-Party Sites. Such links do not imply Mythical Store’s endorsement of information or material on any Third-Party Site and Mythical Store disclaims all liability with regard to your access to and use of such Third-Party Sites. Your use of Third-Party Sites is governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
- We may elect to accept user-generated material, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, information, or other materials submitted or made available through the Service via any function that allows a user to message, chat, comment, post, or share content.
- Mythical Store does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Mythical Store (and our assigns, agents, and licensees) a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive, and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Mythical Store’s (and its successors’, parents’, subsidiaries’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 9 (Submitted Content).
- You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. Mythical Store may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce these Terms. Further, Mythical Store may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.
- You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Mythical Store has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) Mythical Store does not guarantee any confidentiality with respect to your Submitted Content; and (iv) Mythical Store is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You further acknowledge and agree that (v) Mythical Store is not the source of, does not verify or endorse, and takes no responsibility for the Submitted Content; (vi) Submitted Content may be protected by intellectual property rights owned by third parties, (vii) Mythical Store has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (viii) Mythical Store may not be able to remove Submitted Content that is downloaded onto a user’s Device. Mythical Store does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
- You acknowledge and agree that Mythical Store has the right to pre-screen your Submitted Content but has no obligation to do so. In Mythical Store’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Mythical Store and its designees shall have the right, but not the obligation, in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property or other rights.
- You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Mythical Store be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
- Mythical Store has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Mythical Store or of a third party, or otherwise violated any intellectual property laws or regulations. Mythical Store’s policy is to investigate any allegations of copyright infringement brought to its attention.
- Take-Down Notice: If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Mythical Store to delete, edit, or disable the material in question, you must provide Mythical Store with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”)) to our designated copyright agent set forth below:
- A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- Identification of the copyrighted work (or works) claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Mythical Store to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
- Information reasonably sufficient to permit Mythical Store to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the person authorized to act on the copyright owner’s behalf, or the law; and
- A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or you are authorized to act on the copyright owner’s behalf.
See 17 U.S.C 512(c)(3) for further information.
For this notification to be effective, you must provide it to Mythical Store’s Designated Agent by email at HJTHMythical@hjth.com. You can also mail your DMCA request to:
Mythical Entertainment, LLC
450 N Roxbury Dr # 800, Beverly Hills, CA 90210
Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.
If you fail to comply with all of the requirements above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is Mythical Store’s policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member, or user that it has removed or disabled access to the material; and
- That repeat offenders will have the infringing material removed from the system and that Mythical Store will terminate such repeat offender’s access to the Service.
- Counter-Notice: If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- 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;
- A statement 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;
- Your name, address, and telephone number; and
- A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
If a counter-notice is received by the Designated Agent, Mythical Store may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Mythical Store’s discretion.
- We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. We hope you will understand that this policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar to or even identical to a customer’s idea.
- Trademarks. The Mythical name and logo are trademarks and service marks of Mythical Store. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, Submitted content belonging to other users, and all content in the Service and any compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Mythical Store, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Mythical Store, and/or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Mythical Store has designated as confidential and you agree not to disclose such information without Mythical Store’s prior written consent. Nothing posted on the Service grants a license to any Mythical Store trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel, or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Mythical Store. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
- You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any these Terms; (iii) your violation or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
- WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
- No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
- Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY, OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE (INCLUDING OUR PRODUCTS) OR YOUR INABILITY TO ACCESS OR USE THE SERVICE (INCUDING OUR PRODUCTS)) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDIGN OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MYTHICAL STORE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Your sole remedy for dissatisfaction with the Service including, without limitation, content or products offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Service.
- In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of (i) the total amount paid for goods in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
- THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MYTHICAL STORE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MYTHICAL STORE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
- If you are a California resident, you waive California Civil Code Section 1542, which states, in part “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
- We may terminate these Terms, deactivate your account, and/or your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason.
- Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service, your account, and/or your access to the Service at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
- On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 12–21 will survive any termination or expiration of these Terms.
- If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or as otherwise indicated in Section 23 (Contact Us) at the bottom of these Terms. For DMCA notices, please see Section 10 (DMCA Notice).
- If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
- These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).
- User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 23 (Contact Us) below.
- Arbitration Procedures. In the event your concern cannot be resolved informally, you and Mythical Store agree that, except as provided in Section 20(e) below, all Disputes (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 20 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section 20(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Mythical Store will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Mythical Store may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
- Location. The arbitration will take place in the County and City of Los Angeles, California, unless the parties agree to video, phone, or Internet connection appearances.
- Limitations. You and Mythical Store agree that any arbitration shall be limited to the Claim between Mythical Store and you individually. YOU AND MYTHICAL STORE AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Mythical Store agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and Mythical Store agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 20(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 20(e) is found to be illegal or unenforceable then neither you nor Mythical Store will elect to arbitrate any Claim falling within that portion of Section 20(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County and City of Los Angeles, California, United States of America, and you and Mythical Store agree to submit to the personal jurisdiction of that court.
- Assignment. The rights granted to you under these Terms may not be assigned without Mythical Store’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- Severability. Except as otherwise provided in Section 20(g), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 20(f), the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
- No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Mythical Store of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
- Equitable Remedies. You acknowledge and agree that Mythical Store would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Mythical Store with respect to the Service and supersedes any and all prior agreements between you and Mythical Store relating to the Service.
- Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
- We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
Mobile Terms of Service
Last updated: Aug. 8, 2023
The Mythical Entertainment mobile message service (the "Service") is operated by Mythical Entertainment (“Mythical Entertainment”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Mythical Entertainment’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mythical Entertainment through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mythical Entertainment. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18666647159 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mythical Entertainment mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18666647159 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.