Terms of Use

Date: 10/23/2019

The Terms of Use contained herein (these “Terms”) govern your purchase of any product from Mythic Collectibles, LLC (“Mythic Collectibles”, “we”, “us” or “our”) and your use of our website located at https://www.mythiccollectibles.com (“Website”), our social media pages, including, but not limited to, Twitter, Pinterest, Reddit, Digg, Tumblr, Mix and YouTube (“Social Media Pages”) and any current or future service or other interactive feature we offer through our Website, Social Media Pages or otherwise (collectively, “Services”). All references in these Terms to “you”, “your” and “customer” mean and refer to the person or entity that purchases any of our products, uses any of our Services or accesses our Website or Social Media Pages.

By purchasing any of our products or using our Website, Social Media Pages or Services, you agree to these Terms, as well as our Privacy Policy, located at https://www.mythiccollectibles.com/Privacy-Policy/, and any additional terms and conditions that are presented elsewhere on our Website or Social Media Pages in relation to a specific product or Service, all of which are incorporated herein by reference, and you represent: (i) you are a resident of the United States, (ii) you are at least eighteen (18) years old and the age of majority in your jurisdiction of residence, and (iii) you are legally able to agree to be bound by these Terms. You further agree that these Terms are subject to change without notice, at any time and for any reason in our sole discretion. Your placement of an order, continued use of our Services, and/or continued use of our Website or Social Media Pages constitutes your continuing agreement to these Terms, as amended from time to time.

Product Details

Product Safety and Warnings: The products we sell are collectible items intended for purchase by adults at least eighteen (18) years old and the age of majority in their jurisdiction of residence. Our products are intended for display purposes only and are not intended to be used as toys. Please be advised that our products contain small parts, sharp edges, points or other components that present a choking hazard for children and can cause bodily injury or property damage if misused. Please take care during unpacking, assembly and display of any product you purchase from us. We do not manufacture any of the products we sell. If you have any questions or concerns about the safety of a specific product, please contact the manufacturer directly.

Assumption of Risk: Among the products we offer are prop replica weapons, including but not limited to prop guns, swords, daggers and axes (collectively, “Prop Replicas”). Prop Replicas can cause bodily injury, death or property damage if used improperly, negligently and/or illegally. By purchasing a Prop Replicas or any other product from us, you voluntarily and expressly assume the risk constitutes associated with the use and misuse of such products. You agree not to use any Prop Replicas or any other product purchased from us for any illegal purpose, as a weapon, or to cause bodily harm or damage to personal property. Mythic Collectibles expressly disclaims any and all liability related to improper, illegal, unintended use or modification of any Prop Replicas or other product we sell. You agree that it is your sole responsibility to ascertain and comply with all applicable local, state, federal and international laws in connection with your use and possession of any of the products you purchase from us.

Mature Content: Some of the products we sell may be considered “mature themed” and may not be appropriate for individuals under the age of eighteen (18) years old. It is your sole responsibility to determine whether the content of a particular product, service or web page is appropriate for you.

Product Descriptions and Images: We use the product descriptions, product images and various product details that are provided by the manufacturer and/or supplier. For Pre-Orders (defined in the Pre-Order Policy section of these Terms), the product descriptions, product images and various product details could be based on a product’s pre-production concept, design and/or prototype. Since manufacturers can make adjustments to a product as it is finalized for release, please consider the product descriptions, product images and any product details to be an approximation of the actual final product that the manufacturer is planning for release. We do not guarantee that the manufacturer’s final product will be an exact match of the product descriptions, product images or any product details that the manufacturer and/or supplier provided to us.

Prices: All prices are displayed in U.S. Dollars and are based on the price information that is provided to us by the manufacturer and/or supplier. Mythic Collectibles will not be held responsible or liable for typographical or technological errors of any kind, including, but not limited to, incorrect prices from the manufacturer and/or supplier or typographical data entry errors. Prices can be changed or updated without notice, at any time and for any reason. We reserve the right to cancel or adjust any order that has an incorrect price.

Estimated Release Dates: Product release dates are estimates that are provided to us by the manufacturer and/or supplier. Mythic Collectibles will not be held responsible or liable for manufacturer and/or supplier changes to product estimated release dates, production schedules or shipping schedules.

Product Stock Status: Mythic Collectibles works hard to try to attain a completely accurate inventory system, but no inventory system is immune from technological and/or human error. Consequently, products listed as available and/or in-stock are not guaranteed to be available.

Sales, Promotions and Discount Coupon Codes: Only one (1) sale, promotion or discount coupon code can be applied to a given product per transaction. While qualifying products are generally noted in the details of the sale, promotion or discount coupon code, Mythic Collectibles reserves the right to disqualify any product from any sales, promotions and/or discount coupon codes, adjust any order accordingly, and/or update any sales, promotions and discount coupon codes without notice, at any time and for any reason.

Orders

Web Orders Only: Mythic Collectibles only accepts and processes orders through our Website at https://www.mythiccollectibles.com (including orders from other web sales channels) and not by mail, telephone, email or any other method. Mythic Collectibles will not be held responsible or liable for typographical or technological errors of any kind with respect to the acceptance and processing of orders. Mythic Collectibles reserves the right to cancel or adjust any order or refuse service to anyone for any reason, including but not limited to, incorrect pricing, product discontinuation or product unavailability.

Split Order Processing: “Split Orders” contain combination of products we have in stock (“In-Stock Products”), pre-ordered products (“Pre-Orders”) and/or backordered products (“Backorders”) and are processed in different stages. Each In-Stock Product is shipped as soon as possible, while Pre-Orders and Backorders are shipped separately once in stock. Due to the multiple shipments, Split Orders are subject to extra shipping charges, but we will do our best as always to make sure that any shipping charges are as cost effective for our customers as possible.

Pre-Order Policy

Pre-Orders: Pre-Orders, or “Advance Orders”, are special orders that we can place for you for products that are scheduled by the manufacturer to be released at a future date. One of the best reasons to purchase a product as a Pre-Order, especially a highly popular limited edition collectible, is to be able to purchase a product before it is released, in most cases, at a great discount. It is not uncommon for a highly popular Pre-Order product to sell out before it is released, especially products that are limited edition collectibles.

Pre-Order Return Policy: Except as set forth in these Terms, all Pre-Order sales are final and cannot be canceled, returned, exchanged or refunded. Pre-Order products that qualify as a Defective Product, Damaged Opened Product, Incorrect Product, Incorrectly Shipped Product, Undeliverable or Refused Deliveries, are defined and covered by the appropriate section of these Terms. When you place a Pre-Order, you are committing to complete your purchase and accept receipt of your Pre-Order shipment.

Pre-Order Refund Exception: A refund may be issued in the event we cannot fulfill your Pre-Order for reasons solely attributable to the manufacturer and/or supplier. For examples of when a Pre-Order refund may be issued, please see the Pre-Order Fulfillment Section, below.

Pre-Order Fulfillment: Customer orders for the Pre-Order product will be filled in the sequence in which the orders were received and approved by us from the actual Pre-Order product quantity we receive. Since Pre-Orders are products that a manufacturer plans to release at a future date, we cannot guarantee that the manufacturer will follow through with their production plans or whether they will cancel their production plans or whether they reduce their planned quantity of a Pre-Order product that they produce or allocate (i.e. partially ship) their retailer client orders or limit the quantity of Pre-Order products they ship to their retailer clients. Accordingly, Mythic Collectibles will not be held responsible or liable for these or any other decisions the manufacturer and/or supplier make in relation to their proposed Pre-Order product.

Pre-Order Availability and Estimated Release Dates: Mythic Collectibles does not have any control over when a Pre-Order product is actually released or when we receive our Pre-Order product shipment. It is possible that a Pre-Order product could be available from other sources before we receive our shipment. By placing a Pre-Order, you agree to complete your Pre-Order product purchase and accept shipment receipt of your Pre-Order product regardless of when we receive the Pre-Order product from our supplier.

Sales and Discounts: Pre-Orders are not eligible for sales, promotions, coupons or discounts of any kind (as noted in the Sales, Promotions and Discount Coupon Codes section of Product Details).

Pre-Order Payment: Your payment method will be charged for the full Pre-Order product purchase price, shipping deposit and any applicable PA Sales Tax (only for orders shipped to PA) at the time you place your Pre-Order.

Pre-Order Shipping Charge: A shipping charge deposit for your Pre-Order product will be charged to cover the estimated cost of shipping. The remaining shipping charge, if any, and any applicable PA Sales Tax (only for orders shipped to PA) will be charged when your Pre-Order product is in stock based on the shipping method, package weight and package dimensions (if required by the shipping carrier). To ensure prompt shipment of your Pre-Order, please make sure your payment method is up-to-date prior to the Pre-Order product’s release.

Pre-Order Shipping: Pre-Order products are generally shipped to you as soon as possible once they arrive from our supplier.

Pre-Order Payment Method Update: It is your responsibility to make sure that your payment method details are up-to-date to allow for the completion and shipment of your Pre-Order. To update your payment method, please contact us via email only at CustomerService@MythicCollectibles.com to receive instructions for how to securely submit your updated payment information. Please do not submit payment information or other sensitive information through email, text, social media or any other unsecure method. Any updates to your payment method, including but not limited to, a new expiration date or CVV to the existing payment method, must be approved by us and pass all of our anti-fraud processes as described in the Customer Identity and Payment Verification Section.

Pre-Order Ship-To Address Update: It is your responsibility to make sure your ship-to address for your Pre-Order is current. To update your ship-to address, please contact us with your updated shipping information via email only at CustomerService@MythicCollectibles.com. Any updates to your ship-to address must be approved by us and pass all of our anti-fraud processes as described in the Customer Identity and Payment Verification Section. If you fail to notify us of an update to your ship-to address prior to shipment of your Pre-Order, you will be responsible for any extra charges from the shipping carrier, including but not limited to, charges for address correction and/or shipment rerouting. If the shipment is returned to us, the Undeliverable or Refused Deliveries section of these Terms will apply.

Payment

Payment Methods:

  • PAYPAL
  • VISA
  • MASTERCARD
  • DISCOVER
  • AMERICAN EXPRESS
  • DEBIT CARDS

U.S. Dollars only on all payments.

We do not accept Personal Checks, Money Orders or Cashier’s Checks. Sorry, for any inconvenience.

PAYPAL eCheck: Please note that according to PayPal's policies, if you pay by eCheck your funds could take up to four (4) bank business days for the funds to clear your U.S. bank account. Processing of orders paid by Paypal eCheck may be delayed accordingly.

Customer Identity and Payment Verification

Mythic Collectibles employs various technologies and services to confirm a customer’s identity and to verify the customer’s payment to help protect us and our customers from fraud. In addition to the anti-fraud functions of our payment processor, Mythic Collectibles also employs a third party company to validate the authenticity of a customer’s identity and to verify the customer’s payment, but they do not receive the customer’s full payment account number. Each customer must pass all of our customer identity and payment verification steps for us to process and ship your order. If your identity or payment can not be fully verified then unfortunately we will need to cancel your order and issue a refund if applicable.

Sales Tax

Pennsylvania (PA) Sales Tax of 6.0% will be applied to orders shipped to PA. The customer is also responsible for all other applicable taxes that could be applied to a purchase.

Shipping

Domestic: We ONLY ship to the UNITED STATES. Shipping to ALASKA, HAWAII and U.S. TERRITORIES may incur additional shipping and handling charges based on the shipping carrier and shipping method chosen.

Shipping Charges: The customer is responsible for any applicable shipping and handling charges. We do our best to make sure that any shipping and handling charges are as cost effective for our customers as possible.

Title and Risk of Loss: Title to your purchased products and all risk of loss or damage shall pass to you upon our delivery of the products to the shipping carrier.

Shipping Discount: Multiple purchases will be combined into as few packages as possible to save on shipping charges for customers that buy multiple products in one order. The discounted shipping charge will be based on the shipping method, combined package weight and package dimensions (if required by the shipping carrier) of your purchases. If free shipping is offered for a particular product then the offer will only apply to shipments of that particular product to ship-to addresses in the lower contiguous 48 U.S. States and not Alaska, Hawaii or any other U.S. Territories. Oversized Shipments never qualify for any shipping discounts of any kind.

Shipping Insurance: Your shipping charge includes shipping insurance for the full product purchase price of the products in your order. Please see the Product Lost or Damaged during Original Shipping section for information regarding the shipping insurance claim process.

Shipment Tracking: We ship orders with delivery confirmation through the shipment tracking. We will send you an email with a tracking number for each package in the shipment once your order ships.

Signature Confirmation: Orders with a value of $100 or more (and in some cases, orders with a value of less than $100) will require the recipient to be present to sign for the package upon delivery to ensure that your potentially high value shipment is not left in an unsecure area. Please make sure that someone of appropriate age at your ship-to address is present at the time of delivery to sign for and receive your shipment.

Estimated Handling Time: Estimated Handling Time is the amount of time it takes to pick, pack and ship your order after we receive, verify and process your cleared payment. Estimated Handling Time usually takes 1-2 business days (excluding weekends and holidays) and is not guaranteed. Estimated Handling Time could take longer at peak order processing times and during the holiday season at year end. Estimated Shipping Delivery Time is provided by the shipping carrier and does not include Estimated Handling Time.

Estimated Shipping Delivery Time: The shipping carrier provides their estimated delivery time for when they believe the shipment will reach its ship-to address destination. The estimate is based on various factors including the shipping method, ship-from address and ship-to address. Your actual shipping delivery date may vary depending on numerous factors outside of the control of Mythic Collectibles, including but not limited to, adverse weather and the volume of shipments moving through the shipping carrier’s systems. Mythic Collectibles shall not be liable for any delay in the delivery of your shipment to your ship-to address destination.

Shipment Receipt Date: As used in these Terms, the “Shipment Receipt Date” is the date in which you receive shipment of your order as reflected in your shipment’s tracking and delivery confirmation provided by the shipping carrier.

Oversized Shipments: While it is not common, some of our products can be deemed as an oversized shipment by the shipping carriers. If a shipment is deemed to be oversized then you will be responsible for any extra shipping charges based on the shipping carrier’s rates for oversized shipments. Oversized Shipments never qualify for any shipping discounts of any kind.

Shipping Charge Update: We do our best to keep shipping charges as cost effective as possible for our customers. However, Shipping Carriers periodically raise their shipping rates and we have to adjust our Shipping Charges accordingly. It is also possible that a manufacturer and/or supplier has provided us with incorrect product weights or product dimensions. Mythic Collectibles reserves the right to adjust your shipping charges if the shipping carrier for your shipment raises their rates or the manufacturer and/or supplier has provided us with incorrect product weights or product dimensions.

Shipping Methods: While Mythic Collectibles will make every effort to use your selected shipping carrier and shipping method, Mythic Collectibles reserves the right to adjust your selected shipping carrier and/or shipping method if your selected shipping method cannot be applied to one or more of the purchased products of your order. By way of example, changes to your shipping method or carrier may be necessary in the event the product details, weights or dimensions provided by the manufacturer and/or supplier are inaccurate or unavailable. In this rare case, we will do our best to select a comparable and cost effective replacement shipping carrier and/or shipping method.

Product Lost or Damaged during Original Shipping: In the event your product is lost or damaged during original shipping, you must notify us via email only at CustomerService@MythicCollectibles.com within 48 hours of your Shipment Receipt Date. Mythic Collectibles is not responsible or liable for products lost or damaged during shipping. Any product lost or damaged during shipping will result in an insurance claim being filed with the shipping insurance company. It is the customer’s responsibility to provide the required evidence to support the shipping insurance claim filed with the shipping insurance company, which may include, without limitation, the damaged product, shipment packaging and photographs of the shipping and/or product damage. If a shipping insurance claim is made then reimbursement for the damaged product is solely provided by the shipping insurance company and not by Mythic Collectibles. Mythic Collectibles has no control over the approval or reimbursement of claims or the length of time it takes for the shipping insurance company to process your claim. For lost shipments, there may be a required waiting period before a shipping insurance claim can be initiated. Thank you in advance for your patience.

Defective Product: As used in these Terms, a “Defective Product” is a product that has damaged, missing, incorrect and/or malfunctioning components not caused during shipping. Mythic Collectibles is not responsible or liable for defective products. All defective products are the product manufacturer’s responsibility and are covered under the manufacturer’s warranty policies where applicable. While we will assist you in contacting the manufacturer in relation to a Defective Product, the repair, replacement or exchange of a defective product is the sole responsibility of the manufacturer under the terms of the manufacturer’s warranty. If you require assistance contacting a manufacturer for warranty information or service of a Defective Product, please email us at CustomerService@MythicCollectibles.com within 48 hours of your Shipment Receipt Date.

Damaged Opened Product: Please be careful when opening your product purchase. If a product is damaged any time following your receipt of the product then the product will only be covered under the manufacturer’s warranty, as applicable. Mythic Collectibles is not responsible or liable for products that are damaged after your receipt of the product.

Incorrect Product or Incorrectly Shipped Products: In the event we send you a product that is different than the product you ordered (“Incorrect Product”) or we ship your products to an incorrect address (“Incorrectly Shipped Products”), you must notify us via email only at CustomerService@MythicCollectibles.com within 48 hours of your Shipment Receipt Date. For all Incorrect Products, we will cover the cost of shipping to return the product to us, as well as the cost to ship the correct product to you, so long as we are timely notified. For Incorrectly Shipped Products, we will cover the cost of having the product re-routed or re-shipped so long as we are timely notified and the address you provided when you placed your order (or when you properly updated your address pursuant to these Terms) was the correct and valid ship-to address. In the event the ship-to address you provided was incorrect or invalid, the terms and conditions in the Undeliverable or Refused Deliveries section of these Terms will apply.

Undeliverable or Refused Deliveries: You are responsible for all original shipping charges in the event your shipment is returned to us as undeliverable because the ship-to address you provided was incorrect or invalid, you do not accept delivery of the shipment or for any other reason not covered in the Incorrect Product or Incorrectly Shipped Product section of these Terms. You authorize us to charge your payment method for any extra expenses incurred by the shipment being returned to us. If you request us to re-ship the shipment to a ship-to address that is different than the address you provided previously then the new ship-to address must be approved by us and pass all of our anti-fraud processes as described in the Customer Identity and Payment Verification section of these Terms.

Product Allowed at Your Location: Some of our products may be prohibited entry into your U.S. state or territory by your jurisdiction’s laws. It is your sole responsibility to verify whether a specific product is allowed and not prohibited entry with your applicable government agency before you make your purchase. Mythic Collectibles is not responsible or liable for products that are denied entry or are otherwise illegal in the jurisdiction where your ship-to address is located. In the event a product you order is denied entry, you will be responsible for all original shipping charges plus any return shipping and processing charges.

Cancellation Policy

Only purchases of In-Stock products may be cancelled by sending us a request to cancel your order via email only at CustomerService@MythicCollectibles.com as soon as possible within 24 hours of placing your order. Your cancellation request must include your name and order number. If your cancellation request is not received within 24 hours of placing your order or the warehouse is already preparing your order to ship to you or the warehouse has already shipped your order to you then you may still return your products subject to the terms and conditions of our Return Policy section of these Terms.

All other types of product purchases other than In-Stock products (for example purchases of Pre-Orders or Backorders) can not be cancelled after the order is created.

Return Policy

Customer satisfaction is a top priority at Mythic Collectibles. We want to earn your trust and your business as a long term customer. We will gladly exchange your unopened and undamaged In-Stock Product if one is available in stock. If an exchange or replacement product is unavailable, we will be happy to refund the product purchase price minus all shipping and handling charges. For any product return, the product must be in its original sellable condition, including any applicable product box, packaging and accessories.

Product Return Eligibility: Only purchases of In-Stock Products that are unopened, undamaged and in their original sellable condition are eligible to be returned for exchange or refund. Pre-Order, Backorder and any other type of product purchases other than In-Stock Products can not be returned for an exchange or refund. Since In-Stock Products with opened packaging cannot be returned, please determine whether you want to return your In-Stock Product purchase before you open the product. To allow us to more quickly process your product return, please ship the product return back in its original shipping box (as long as the shipping box is undamaged) with a copy of the invoice.

Pre-Authorization Required: All product returns for exchange or refund require pre-authorization from us. All requests for product returns must be sent to us via email only at CustomerService@MythicCollectibles.com within 30 calendar days of your Shipment Receipt Date. If you return product without receiving pre-authorization from us and it is returned to you as an unexpected shipment then your payment method will be charged for all applicable extra shipping and processing costs. Do not ship product returns to our mailing address for our PA headquarters since we can not process product returns at that address. In the event you incorrectly ship our return product to our PA headquarters, your payment method will be charged for all applicable extra shipping and processing costs. All refunds will be provided in U.S. Dollars.

Product Packaging: The vast majority of our products and packaging are in excellent condition. We guarantee that the product you ordered will be the correct product shipped. However, we do not guarantee that the product packaging or the shipment packaging will be in unblemished condition. Product packaging and shipment packaging that exhibits dents, dings, crunched corners, tears or other blemish to any box, card, display box, display window, foam packaging or other packaging material are not considered to detract from the value of the product and is not considered to be a Defective Product as defined in the Shipping section of these Terms.

Original Shipping Charge: Regardless of whether the product return is for a product exchange or refund, the original shipping charge to ship the product is not refundable for any reason. The only exception to this policy is detailed in the Incorrect Product or Incorrectly Shipped Product section of these Terms.

Product Return Shipping Charge: You are responsible for all shipping charges related to the return of the product. The only exception to this policy is detailed in the Incorrect Product or Incorrectly Shipped Product section of these Terms.

Product Return Shipment Tracking and Shipping Insurance: The product return must be shipped to us with: (1) shipping insurance for the full product purchase price and (2) delivery confirmation shipment tracking. Mythic Collectibles is not responsible or liable for product returns that are lost or damaged during the return shipment for any reason. If a product return is lost or damaged during the return shipment then our Product Return Lost or Damaged during Return Shipping section of our Return Policy will apply. Please email us at CustomerService@MythicCollectibles.com with the delivery confirmation shipment tracking number once you ship your product return to us.

Product Return Expected Timeframes: We would appreciate it if you would ship your product return back to us within 1 to 2 calendar days after you have received your product return Pre-Authorization approval from us. We will do our best to process your product return as quickly as possible, generally within 7 business days after we receive your returned product.

Product Return Lost or Damaged during Return Shipping: If the product return is lost or damaged during the return shipment then you are solely responsible for filing a shipping insurance claim with your shipping insurance company. In order for us to process any product return, the product return must arrive safely to us and be in its original sellable condition, including any applicable product box, packaging and accessories.

User Accounts

You are solely responsible for maintaining the security and confidentiality of your username and password (i.e. your login credentials) to your account on our Website (“Account”) and for any activity that is conducted through or by your account. Mythic Collectibles uses email as our main communication method to communicate with our customers, so please make sure that our email address CustomerService@MythicCollectibles.com is on the approved list of your email client software.

All Accounts and the Services accessible through your Account are provided “as is.” Mythic Collectibles reserves the right to suspend or terminate your Account and refuse to provide the Services to you immediately for any reason, without notice and liability to you, including but not limited to, any liability for the loss and/or deletion of any User Content (defined in the User Content Section of these Terms) associated with your Account. Mythic Collectibles makes no representations or warranties, express or implied, whatsoever, regarding the quality, accuracy or safety of the Services we provide or the activities or transactions between users of our Website (“Users”). You acknowledge and agree that our Website is a neutral platform and we are not a broker, agent or representative for any User. You are solely responsible for your interactions with other Users, and we reserve the right, but have no obligation, to monitor disputes between you and other Users.

User Content

Our Website contains comments sections and other interactive areas or features where you and any other user can post content and information, including, but not limited to, comments, messages, responses, testimonials, ideas, images, videos, and artwork (collectively, “Content”) without our advance review. Any Content that you or any user submits, provides, posts, uploads, or sends to us on or through our Website (including, for example, Content submitted or posted on our Website comment sections, message boards, discussion forums, survey responses, blogs, related to sweepstakes, contests, or other promotions, or other interactive forums or features, or by email) (“User Content”) shall be deemed not to be confidential or secret and may be used by us in any manner consistent with our Terms, including our Privacy Policy. Mythic Collectibles reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, modifying, editing, rejecting, or refusing to use, upload, or post it. Additionally, we have no obligation to attribute any authorship in the User Content to you. You acknowledge and agree that you are solely responsible for all User Content you make available through our Website. By submitting, providing, posting, uploading, or sending User Content to us on or through our Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any rights thereto; (iii) you either own the User Content or have the rights necessary to grant us rights in the User Content, as provided for below; (iv) any “moral rights” in User Content have been waived and you agree not to claim or assert any entitlement to any moral rights as an author in the User Content and fully release Mythic Collectibles from such claims; (v) the submitting, providing, posting, uploading, or sending of the User Content to us through our Websites or Services, or our exercise of the rights granted to us in the User Content, will not violate the rights of any third party’s (for example, patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (vi) no payments of any kind shall be due to any third party. We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time and for any reason and without notice to you.

Community Guidelines

You agree that you shall not, and that you shall not permit any third party using your Account to, do any of the following while using our Website:

  • Upload, post, transmit, distribute, or otherwise publish any User Content which (i) prevents any other user from using and enjoying the Website; (ii) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, or profane; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, ordinance, or regulation; (iv) violates or infringes the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right; (v) contains a virus, spyware, or other harmful component; (vi) contains embedded links, advertising, chain letters, or pyramid schemes of any kind; or (vii) constitutes or contains false or misleading indications of origin, endorsement, or statements of fact;
  • Impersonate any other person or entity, whether actual or fictitious, including us or our personnel, or misrepresent your affiliation with any other person or entity;
  • Offer to buy or sell any product or service on or through User Content;
  • Insert your own or a third party’s advertising, branding, or other promotional content on our Websites or through our Services;
  • Use, redistribute, republish, or exploit third-party content for any commercial or promotional purposes;
  • Attempt to gain unauthorized access to other computer systems through the Website;
  • Obtain or attempt to obtain lists of users or other information;
  • Take any action in violation of any applicable statutes, laws, rules, regulations, guidelines, or ordinances;
  • Download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through our Website;
  • Alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any content, code, data, or other materials on or available through our Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you use the content, code, data, or materials on or available through our Website, with or without our express permission, you may violate copyright and other laws of the United States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use;
  • Access, tamper with, or use non-public areas of the Website or our technical delivery systems, or bypass, impair, or tamper with any technological measure implemented by us or any third party (including another user) in connection with Website; or
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.

Our Rights in User Content

By submitting, providing, posting, uploading, or sending User Content to us on or through Website, you grant us and our subsidiaries, successors and assigns, and third parties a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, stream, broadcast, and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture, and likeness with the content you submit and otherwise in materials promoting, marketing, or advertising our Website, products, or services, in any media, without any compensation or notice to you or approval by you.

Copyrights and DMCA

Pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512, notifications of claimed copyright infringement relating to any of our Websites where these Terms are posted must be sent to our Designated Agent as follows:

Postal Mail:

Mythic Collectibles, LLC
Attn: Copyright Agent
1 East Broad Street
Suite 130 #157
Bethlehem, PA 18018

Email: CustomerService@MythicCollectibles.com

To be effective, all notifications of claimed copyright infringement must contain:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Claims of copyright infringement that include the above required information must be submitted to the Copyright Agent via the postal mail or email address above. We will respond expeditiously to notices of claimed copyright infringement by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.

If you believe that your material was removed or disabled by mistake or misidentification, please notify the Copyright Agent in writing by postal mail to the above address. Your counter-notice must contain the following information:

  • A physical or electronic signature of the user of the Website or services;
  • 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; and
  • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the Act or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be deemed valid.

Trademarks

Our trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on or through the Website are our registered and unregistered Trademarks, and you may not use them in any manner without our express written consent. Your use of our trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us is likely to cause customer confusion and is prohibited. Use of the Website or purchase of our products does not grant you any license or right to use any Trademarks.

Third-Party Websites

You acknowledge and agree that Mythic Collectibles does not maintain authority or control over, and shall not be liable for, the information, content, products, services, advertising, or other materials presented on or through any of the external websites that are provided as links and/or advertisements on our Website and Social Media Pages (“Third-Party Websites”). The Third-Party Websites are featured on our Website and Social Media Pages solely as a convenience to you and do not constitute our endorsement or sponsorship of such websites or the information, content, products, services, advertising, or other materials contained therein. Mythic Collectibles cannot guarantee the standards of the Third-Party Websites, nor do we represent or warrant that the contents of any such website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. If you decide to access any Third-Party Website or rely on any content contained therein, you do so entirely at your own risk.

Warranty Disclaimer; Limitation and Release of Liability

YOUR USE OF THE WEBSITE AND/OR PURCHASE, RECEIPT, OR USE OF ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES FROM US IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. MYTHIC COLLECTIBLES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO SUCH CONTENT, MATERIALS, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS NOT GUARANTEED TO BE FREE OF VIRUSES, DEFECTS, OR ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT MYTHIC COLLECTIBLES AND ITS SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AFFILIATES, AGENTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS, (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, AND YOU RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM, FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST, OR EXPENSE FOR ANY CLAIM OR CAUSE OF ACTION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, CLAIMS OR CAUSES OF ACTION BASED ON PERSONAL INJURY OR DEATH (INCLUDING EMOTIONAL DISTRESS), PROPERTY DAMAGE, PRODUCTS LIABILITY, PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS, ARISING FROM OR RELATING TO: (I) YOUR USE OR MISUSE OF ANY PRODUCT PURCHASED FROM MYTHIC COLLECTIBLES, (II) YOUR USE OR MISUSE OF THE SERVICES, (III) YOUR INTERACTIONS, ACTIVITIES AND/OR TRANSACTIONS WITH OTHER USERS ON OUR WEBSITE, OR (IV) THE ACTION OR INACTION OF ANY OTHER USER. TO THE EXTENT CALIFORNIA LAW IS DEEMED TO APPLY TO THESE TERMS NOTWITHSTANDING THE CHOICE OF LAW PROVISION SET FORTH IN THE DISPUTES SECTION OF THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABILE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE, MISUSE, OR INABILITY TO USE OUR PRODUCTS, SERVICES, OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE PURCHASE PRICE OF THE PRODUCT OR SERVICE WHICH GIVES RISE TO YOUR CLIAM.

Indemnification

You agree to defend, indemnify, and hold Mythic Collectibles and our members, directors, officers, employees, agents, contractors, representatives, licensors, service providers, vendors, successors and assigns, and affiliates harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from the use of our Website and/or any violation of the Terms by you or by someone accessing our Website via your Account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.

Disputes

The Terms, including all issues and questions concerning the construction, validity, interpretation and enforceability of the Terms, or the rights and obligations of Mythic Collectibles in connection with the Terms is governed by, and will be construed in accordance with, the laws of the Commonwealth of Pennsylvania,. If the controversy or claim is not resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules and Procedures or subsequent versions thereof ("AAA Rules"). The venue for any such arbitration shall be in Lehigh County, Pennsylvania. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Pennsylvania, as determined by Mythic Collectibles. You agree that the rights and obligations of other users of our Website, the Released Parties, and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action accrued, or the cause of action shall be forever barred. If any part of the Terms is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA rules, then the balance of the Terms shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Force Majeure

Mythic Collectibles shall not be liable for any failure or delay in fulfilling or performing any obligation under these Terms, in whole or in part, to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Mythic Collectibles, including, but not limited to, acts of God, fire, flood or other natural disaster, governmental actions, war, terrorist threats or acts, riots, civil unrest, national emergency, labor strikes or disputes, power outage, telecommunication or network breakdown, or computer hardware or software failure.

General Provisions

No delay or failure on the part of Mythic Collectibles to enforce any part of the Terms will constitute a waiver of any of Mythic Collectibles rights under these Terms whether for past or future actions on the part of any person. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further and continuing waiver of any such term, provision or condition of these Terms. Only a specific, written waiver signed by an authorized representative of Mythic Collectibles will have any legal effect whatsoever. You and we are independent contractors, and nothing in the Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of the Terms. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. The Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. The Terms and the rights granted hereunder may be assigned by Mythic Collectibles, but you may not assign them without the prior express written consent of Mythic Collectibles. The headings and captions contained herein are for convenience only. Our rights under the Terms will survive any termination of these Terms.

Entire Agreement

These Terms, and all policies, terms, and conditions referenced and incorporated herein, represent the entire agreement between you and Mythic Collectibles and supersedes all prior agreements.