PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFLLY.  BY ACCESSING OR USING THIS SITE AND RAVEN’S SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.  IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.  IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS SITE OR RAVEN’S SERVICES.  THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF May 25, 2018.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with the users and others which may interact or interface with Mystic Realms Curio Shop located at 24 Kennington Drive, Pensacola, Florida, 32507 and her subsidiaries and affiliates, in association with the use of the website, which includes https://mysticrealmscurioshop.com (the “Site”) and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is an e-commerce website which has the following description:

 

Mystic Realms Curio Shop is a website dedicated to the books and creative endeavors of Mystic Realms Curio Shop.  Step through the Mystic Portal, if you dare…

 

Any and all visitors to this site shall be deemed as “users” of the herein contained Services provided for the purposes of this TOS.

 

The user acknowledges and agrees that the Services provided and made available through this website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Mystic Realms Curio Shop.  At its discretion, Mystic Realms Curio Shop may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated.  Mystic Realms Curio Shop does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.  You, as the end user, acknowledge, accept, and agree that Mystic Realms Curio Shop shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products.  Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.  Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.

 

Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such, Mystic Realms Curio Shop shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.

 

PRIVACY POLICY

 

Every member’s registration data and various other personal information are strictly protected by the Mystic Realms Curio Shop Online Privacy Policy (see the full Privacy Policy at https://mysticrealmscurioshop.com/termsofserviceprivacypolicy) .  As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by Mystic Realms Curio Shop and/or her subsidiaries and affiliates.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of this network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content.  Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries.  Through the use of this network, you thus agree to comply with all applicable export and import laws, statues and regulations, including by not limited to, the Export Administration Regulations (http://www.access.gop.gov/bis/ear/ear_data.html), as well as the sanctions control program of te United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).  Furthermore, you state and pledge that you:

 

1.  Are not on the list of prohibit4ed individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

 

1. Agree not to transfer any software, technology or any technical data through the use of this network Services to any export-prohibited country;

 

1. Agree not to use this website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

1. Agree not to post, transfer, nor upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

Mystic Realms Curio Shop shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion in her website Services.  Therefore, you hereby grant and allow for Mystic Realms Curio Shop the below listed worldwide royalty-free and non-exclusive licenses, as applicable:

 

1. The content submitted or made available for inclusion on the publicly accessible areas of Mystic Realms Curio Shop’ site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on this network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing.  This license shall be available so long as you are a member of Mystic Realms Curio Shop’ site, and shall terminate at such time when you elect to discontinue your membership.

 

1. Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Mystic Realms Curio Shop’ site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on this network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing.  This license shall be available so long as you are a member of Mystic Realms Curio Shop’ site and shall terminate at such a time when you elect to discontinue your membership.

 

1. For any other content submitted or made available for inclusion on the publicly accessible areas of Mystic Realms Curio Shop’ site, the continuous binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

 

Those areas which may be deemed “publicly accessible” areas of Mystic Realms Curio Shop’ site are those such areas of this network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

Mystic Realms Curio Shop provides an area for her users to contribute feedback to her website.  When you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to this site, you acknowledge and agree that:

 

1. Your contributions do not contain any type of confidential or proprietary information;

 

1. Mystic Realms Curio Shop shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

 

1. Mystic Realms Curio Shop shall be entitled to make use of and/or disclose any such Contributions in such manner as she may see fit;

 

1. The contributor’s Contributions shall automatically become the sole property of Mystic Realms Curio Shop; and

 

1. Mystic Realms Curio Shop is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

 

INDEMNITY

 

All users herein agree to insure and hold Mystic Realms Curio Shop, her subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made be any third party which may arise from any content a user of our site may submit, post, modify, transmit, or otherwise make available through these Services, the use of Mystic Realms Curio Shop’ Services, or your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The user herein agrees not to r4eplicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to Mystic Realms Curio Shop’ site.

 

MODIFICATIONS

 

Mystic Realms Curio Shop shall reserve the right at any time it may deem fit, to modify, alter, and/or discontinue, whether temporarily or permanently, her service, or any part thereof, with or without prior notice.  In addition, she shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of her Services, or any part thereof.

 

ADVERTISERS

 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through these Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertiser.  Moreover, you herein agree that Mystic Realms Curio Shop shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on this website.

 

LINKS

 

Either Mystic Realms Curio Shop or any third parties may provide links to other websites and/or resources.  Thus, you acknowledge and agree that she is not responsible for the availability of any such external sites or resources, and as such, she does not endorse nor is she responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources.  Furthermore, you acknowledge and agree that Mystic Realms Curio Shop shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in any connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.

 

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Mystic Realms Curio Shop’ Services and any essential software and digital goods that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and laws.  Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws.  Therefore, except for that which is expressly permitted by applicable law or as authorized by Mystic Realms Curio Shop or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, pirate, and/or created any plagiaristic works which are based on Mystic Realms Curio Shop’ Services (e.g. Content, Software, or EBooks), in whole or part.

 

Mystic Realms Curio Shop herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code, eBooks, or Software on a single computer or device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Content/Software.  Furthermore, you do herein agree not to alter or change the Software/Content in any manner, nature or form, and as such, not to use any modified versions of the Software/Content, including and without limitation, for the purpose of obtaining unauthorized access to her services.  Lastly, you also agree not to access or attempt to access her Services through any means other than through the interface e which is provided by Mystic Realms Curio Shop for use in accessing her Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT;

 

1. THE USE OF MYSTIC REALMS CURIO SHOP’ SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU, HER SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.  MYSTIC REALMS CURIO SHOP AND HER SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRE4SSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMIT4ED TO ANY IMPLIED WARRANTIES OF TITLE, MERC HANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

1. MYSTIC REALMS CURIO SHOP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MYSTIC REALMS CURIO SHOP’ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MYSTIC REALMS CURIO SHOP’ SERVICES OR SOFTWARE WHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MYSTIC REALMS CURIO SHOP’ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

1. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MYSTIC REALMS CURIO SHOP’ SERVICES OR SOFTWARE SHALL BE ACCESSED BY YORU SOLE DISCRETION AND SOLE RISK, AND AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTIO WITH R4ESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OF MATERIAL.

 

1. NO ADVICE AND/OR IFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MYSTIC REALMS CURIO SHOP’ OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

1. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES.  CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING HER SERVICES; DISZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT MYSTIC REALMS CURIO SHOP AND HER SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARNERS, AND LICENSORS SHALL NOT BE LIA BLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

1. THE USE OR INABILITY TO USE OUR SERVICE;

 

1. THE COST OF PROCURING SUBSTITUE GOODS AND SERVICES;

 

1. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSION AND/OR DATA;

 

1. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON HER SERVICE;

 

1. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.         

RELEASE

 

In the event you have a dispute, you agree to release Mystic Realms Curio Shop (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind of nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

 

Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from this Service concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty, Disclaimers, and Limitations of Liability again.  In addition, for this particular type of information, the phrase, “Let the investor beware” is appropriate.  Mystic Realms Curio Shop’ content is provided primarily for informational and entertainment purposes, and not content that shall be provided or included in these services is intended for trading or investing purposes.  Mystic Realms Curio Shop and her licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decision based on any such information.

 

EXCLUSIONS AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

Mystic Realms Curio Shop may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS, or SMS, text messaging, postings on her website Services, or other reasonable means currently known or any which may be herein after developed.  Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner.  Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand, and agree that all of the Mystic Realms Curio Shop’ trademarks, copyright, trade name, service marks, and other Mystic Realms Curio Shop’ logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Mystic Realms Curio Shop.  You herein agree not to display and/or use in any manner the Mystic Realms Curio Shop’ logo or marks without obtaining Mystic Realms Curio Shop’ prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

 

Mystic Realms Curio Shop will always respect the intellectual property of others, and she asks that all of her users do the same.  With regards to appropriate circumstances and at her sole discretion, Mystic Realms Curio Shop may disable and/or terminate the accounts of any user who violates her TOS and/or infringes the rights of others.  If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

 

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property inte4rest;

 

1. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

 

1. A description of the location of the site which you allege has been infringing upon your work;

 

1. Your physical address, telephone number, and email address;

 

1. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

 

1. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

 

The Mystic Realms Curio Shop’ Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

Email:  ravensmysticrealms@gmail.com

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Mystic Realms Curio Shop and shall govern the use of her Services, superseding any prior version of this TOS between you and her with respect to Mystic Realms Curio Shop’ Services.  You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Mystic Realms Curio Shop’ Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Mystic Realms Curio Shop with r4egard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Mystic Realms Curio Shop, shall be filed within the courts having jurisdiction within the County of Escambia, Florida or the U.S. District Court located in said state.  You and Mystic Realms Curio Shop agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Mystic Realms Curio Shop fail to exercise or enforce any right of provision of the TOS, such failure shall not constitute a waiver of such right or provision.  If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed with 1 year(s) aft4er said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please report any and all violations of this TOS to Mystic Realms Curio Shop as follows:

 

Email:  ravensmysticrealms@gmail.com