Platform Rules

Privacy Policy

June 12, 2024 MysticPavilion

At MysticPavilion, we care deeply about privacy. We strive to be transparent about our privacy practices, including how we treat your personal information. This policy explains our privacy practices for MysticPavilion.com (which we’ll refer to as the "Site"), MysticPavilion’s mobile applications, including the MysticPavilion App and the MysticPavilion Seller App (together, the "Apps"), MysticPavilion Payments, Pattern by MysticPavilion, MysticPavilion’s public Application Programming Interface (the “API”), and other services provided by MysticPavilion, Inc. or MysticPavilion Ireland UC, depending on your location (which we’ll refer to as "MysticPavilion," or as "we," "us," and "our"). We’ll use the term “Services” to refer collectively to the Site, the Apps, MysticPavilion Payments, Pattern by MysticPavilion, and the API. Learn more about interest-based advertising and your choices here. This policy applies to our registered buyers (“Buyers”) and sellers (“Sellers”) (together, our “Members”), those who purchase items on MysticPavilion without an account (“Guests”) and anyone else who visits our Sites or uses our Services (together with our Members and Guests, “you” and “your”). If you are not a registered Member or a Guest, please see our Non-Member Privacy Policy for further information about how we may collect and use your personal information, available here. This policy does not apply to the practices of third parties (including Sellers, Pattern by MysticPavilion users or API users) who you may choose to share information with when you use the Services. Please note that the collection and use of your information by these third parties is subject to their own privacy policies and terms. You should understand the privacy and security practices of any third party before you share information with them. It is important that you understand how we use your information. You should read this policy in full, but some key points and references to help you navigate the policy are: Our mission at MysticPavilion is to keep human connection at the heart of commerce. We connect Buyers with Sellers that offer handmade or vintage products and craft supplies. By accepting our Terms of Use and this Privacy Policy, or by using any of our Services, you confirm that you have read and understand this policy, including how and why we use your information. We collect and use your personal information to provide and improve our Services, to protect the security and integrity of our Services and to comply with our legal obligations. To learn more about what information we collect and how we use it, see Section 1 and Section 2 below. We share your information with other MysticPavilion group companies, trusted partners and service providers to provide our Services, for security purposes, to understand how you use and interact with our Services and to meet our legal obligations. To learn more, see Section 3. If you are located outside of North or South America, MysticPavilion Ireland UC is the service provider and data controller responsible for your personal information. If you are located within North or South America, MysticPavilion, Inc. is the service provider and data controller responsible for your personal information. The contact details for both companies are set out in Section 11. Other policies that are referenced below, such as the Terms of Use and Cookies & Similar Technologies Policy, are available from Our House Rules page, located here. If you have any questions about this Privacy Policy, or wish to exercise your rights, see Section 11 for further information about how to contact us. 1. What Information We Collect and Receive In the course of providing our Services, we collect and receive information that directly or indirectly relates to you (which we call your “personal information”) in different ways and from different sources, which we have set out below. The capitalized terms in this Section 1 are definitions that we use throughout this Policy, so please refer back to this table as necessary. 2. How We Use Your Information and Our Legal Basis When you access or use the Services or interact with our Sites and/or Apps, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. To the extent required by applicable law, we rely on a number of legal bases to use your information in these ways. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”) (together referred to as the “European Region”), the legal bases on which we rely may differ from those listed below. 3. How We Share Your Information We share your data with third parties where necessary to perform the Services, comply with our legal obligations, or for purposes set out in this Privacy Policy, including: Publicly Displayed Information: By using the Services, certain information about you will be publicly displayed on the Site and Apps, such as Buyer Public Profile Information and Seller Public Profile Information (as defined in Section 2). Buyers and Sellers can choose to make certain information and activities private through their account or Public Profile settings. Other information connected with your use of the Services will also be publicly displayed, including the date you joined, information relating to items you review, photos or videos of items you purchased, your saved product listings that are grouped by you (“Favorites and Collections”), , followers, those you follow, comments you post in our community spaces, and information you decide to share via social networks. Your reviews of shops or items you’ve purchased may also be shared on other platforms and search engines, including Google. For Sellers, some additional information will be publicly displayed. For example, your shop name or or business name associated with your account (which you may modify and update in your account settings) is publicly displayed. MysticPavilion Group Companies: We may share some of the information that we collect, such as Buyer Account Information, Seller Account Information, Service Usage Information, Device and Browser Information, and Cookie Information, with our corporate affiliates, which include MysticPavilion, Inc., MysticPavilion Ireland UC, MysticPavilion UK, Ltd., and other MysticPavilion entities that help us conduct business around the world (together, the “MysticPavilion Group Companies”). We do not share your personal information with our sister companies like Depop, Elo7 or Reverb. The information shared among the MysticPavilion Group Companies may be used for the purposes described in this Privacy Policy and generally to operate our business, including for ID verification purposes, transaction monitoring and payment processing or to provide customer support, facilitate business development, administer user accounts or provide IT, technical and engineering support. Sellers: We may share aggregated information about your use of the Services to Sellers if you are a frequent purchaser or a new Buyer, so they can provide you with better service and so we can improve our Site and Apps. Linked Third-Party Websites or Services: Some Members may choose to connect to MysticPavilion or register an MysticPavilion account using an external third-party application, such as Facebook or Google. Connecting your MysticPavilion account to third-party applications or services is optional. If you choose to connect your account to a third-party application, the providers of those services or products may receive information about you that MysticPavilion, you, or others share with them. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. You may also link your bank account or payment method to pay for purchases (or receive payment, in the case of Sellers in select markets) through a third-party service available through the Site or MysticPavilion App. When you register with these third-party partners, we will tell you what information is collected and what information the third-party will share with MysticPavilion. Business Partners: MysticPavilion works closely with a number of business partners, such as our shipping and payment partners/processors, that assist us with providing the Services in accordance with our Terms of Use. When one of these companies assists us in facilitating your transaction, we, or they, may need to share information related to the transaction in order to complete your order or to monitor activity on the MysticPavilion platform, such as transaction activity. MysticPavilion also provides services or sells products jointly with affiliated businesses, such as services that assist our Sellers with accounting or other small business management services. These affiliated businesses may sell items or services to you through the Services or offer promotions (including email promotions). In each case, these partners will process your personal information in accordance with their own privacy policies. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. Professional Advisors, Industry Partners, Authorities and Regulators and other Entities: We share your information described in Section 3 with our advisors and consultants, regulators and tax authorities, law enforcement, government agencies, civil litigants, and industry partners (for example, trade groups) or other entities as reasonably necessary to: comply with applicable law or regulations, court orders, subpoenas, legal process or government requests; detect, investigate, prevent, or address actual or suspected fraud, violations of MysticPavilion’s Terms of Use, and other illegal activity or security and technical issues; and/or protect the rights, property and safety of our Members, MysticPavilion and the MysticPavilion Group Companies, or others, including to prevent death or imminent bodily harm. Business Reorganization: In some cases, MysticPavilion may choose to reorganize its business. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of MysticPavilion’s assets), Member information is typically one of the business assets that is transferred. If MysticPavilion intends to transfer information about you, MysticPavilion will notify you by email or by putting a notice on the Site and the Apps. Community Services: We engage third parties to assist in providing Community Services, which includes the MysticPavilion Forums and Teams, and need to share certain information about you for these purposes. This may include, for example, Buyer Public Profile Information and Seller Public Profile Information, the date that you registered on MysticPavilion, as well as your language and regional settings on the Site. For more information, see our Community Policy. Service Providers: MysticPavilion also engages third-party companies and individuals (such as research companies, analytics services, and security providers) to help us operate, provide, and advertise the Services. These third parties have limited access to your information, may use your information only to perform these tasks on our behalf, and are prohibited from disclosing or using your information for other purposes. The types of third-party service providers that we work with include: In addition to the above, where necessary for the purpose of our legitimate interest, we may share certain categories of Seller information with our payment processors. We do this because it is in our legitimate interests, and those of our Members, to share information with payment processors to monitor transaction activity to help detect, prevent and address fraud and other illegal activities, comply with their legal obligations, and protect our community. The data we share in this context is Seller Account Information and Transaction Information. 4. How We Transfer Your Information MysticPavilion operates a global e-commerce platform. By using the Services, you acknowledge that MysticPavilion will use your information in the United States, Ireland and any other country where the MysticPavilion Group Companies operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. To the extent that MysticPavilion is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information: Adequacy Decisions Where available, we rely on decisions of the European Commission, known as “adequacy decisions,” recognising that certain countries offer a level of protection of personal data that is essentially equivalent to the EEA. A list of adequacy decisions is available here via the European Commission website. Standard Contractual Clauses Otherwise, we primarily rely on the European Commission’s Standard Contractual Clauses for the international and onward transfer of personal data outside of the EEA to third countries, including, for example, to the United States and India. This includes transfers from MysticPavilion Ireland UC to MysticPavilion, Inc. and other MysticPavilion Group Companies. You can request a copy of our Standard Contractual Clauses by emailing support@mysticpavilion.com. Necessary for the Performance of the Contract Between MysticPavilion and Its Users You can choose whether or not to use the MysticPavilion Services. As we operate in countries worldwide and use technical infrastructure in the US to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we transfer your personal information to the US and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information outside of your home country, including the UK or EEA 5. How We Protect Your Information The security of your personal information is important to us. We protect your personal information through technical and administrative measures designed to mitigate the risk of unlawful or unauthorized access, destruction, loss, alteration, disclosure or use of your data. To protect your account, we encourage you to choose your password carefully and enable two factor authentication (2FA) for signing in. You can learn more about enhancing your account security in your account settings. We use Google reCAPTCHA Enterprise in connection with our Services to help prevent spam, fraud, and abuse. reCAPTCHA Enterprise collects hardware and software information, such as device and application data, and sends it to Google for purposes of providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. Your use of reCAPTCHA Enterprise is subject to Google’s Privacy Policy and Terms of Use. 6. How Long We Store Your Information MysticPavilion will retain your information only for as long as is necessary for the purposes set out in this Policy, for as long as your account is active, or as needed to comply with our legal obligations under national applicable law. We decide how long we need information on a case-by-case basis and depending on the retention laws applicable. The following factors typically affect the retention period: Necessity for the provision of our Services We keep your information as long as is necessary to provide the Services to you. This includes things like maintaining and improving the performance of our Sites and Apps, keeping our Services secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule. Consent-based processing of personal data If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent or until you withdraw your consent. Statutory, contractual or other similar obligations MysticPavilion will retain and use your information to the extent necessary to comply with our legal obligations, for example, if we are required to retain your information to comply with applicable tax/revenue laws or our Know Your Customer (“KYC”) obligations. Here's what we consider when we deciding how long to keep your information: 7. Your Rights and Choices Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR), provide users with rights and choices related to their personal information. Consistent with those laws, MysticPavilion gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. In addition, subject to applicable law, you may have certain rights with respect to your personal information, such as the following: Right to Access: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format, as well as information explaining how that information is used. See this Help Center article for more information. Right to Portability: You have the right to receive certain of your information which you provided in a structured, commonly used and machine-readable format and to transmit such information to another controller. Right to Correction: You have the right to request that we rectify any inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account. Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information. Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, rights, and integrity of MysticPavilion. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. See this Help Center article for more information. Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using, for example, an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details with us, you can revoke that consent through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information. Please be aware that withdrawing consent will not affect the lawfulness of processing based on consent before its withdrawal. Right to File a Complaint: If you are a resident in the EEA, Switzerland or the UK, you have the right to lodge a complaint about our practices with respect to your personal information with the supervisory authority of your country or state. Right to File a Complaint: If you are a resident in the EEA, Switzerland or the UK, you have the right to lodge a complaint about our practices with respect to your personal information with the supervisory authority of your country or state. In the UK, the relevant data protection authority is the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, +44 (0303) 123 1113, casework@ico.org.uk. In Ireland, the relevant data protection authority is the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, +353 017650100 / + 353 1800437737, email: info@dataprotection.ie or by using this online form. Please see the United States Regional Privacy Policy for information about privacy rights provided under certain US state laws. How to Exercise Your Rights and Choices. If you would like to manage, change, limit, or delete your personal information, you can do so via your MysticPavilion account settings. Alternatively, you can exercise any of the rights above, subject to applicable law, through the contact options set out in Section 11. Once you contact us to exercise any of your rights, we will confirm receipt of your request. Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. Communication Choices. You can opt out of receiving marketing emails by using the unsubscribe link in our marketing emails or through your account settings. Certain communications from MysticPavilion are service-related or legally required and you will continue to receive them even if you opt out of marketing emails. 8. Your Responsibilities If you are a Seller on our Services or use MysticPavilion’s API, you may receive certain personal information and will have legal obligations in respect of this information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the MysticPavilion Seller Policy and the MysticPavilion API Terms of Use. 9. Privacy Policy Changes We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and sending you an email or message about the changes. We encourage you to check back regularly and review any updates. 10. Additional Disclosures for United States Residents In certain US states, including California, Virginia, Colorado, Utah, and Connecticut, you may be entitled to additional rights or disclosures. Please see our United States Regional Privacy Policy, where you can learn more about how we use your information and any additional privacy rights you may have. 11. How to Contact Us If you have any questions: Contact MysticPavilion’s Support team via our Help Center Chat Support (available on our Site) Send an email to MysticPavilion's Data Protection Officer at support@mysticpavilion.com Write to us at one of the following addresses:

Privacy Policy

June 12, 2024 MysticPavilion

Terms of Use

June 12, 2024 MysticPavilion

1. Accepting These Terms This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and MysticPavilion. If you live in North America or South America, the contract is between you and MysticPavilion, Inc.; if you live elsewhere, the contract is between you and MysticPavilion Ireland UC, a subsidiary of MysticPavilion, Inc. We’ll just refer to MysticPavilion, Inc. and all of its subsidiaries collectively as “MysticPavilion.” Please note that Section 11 contains an arbitration clause and class action waiver, applicable to users in North and South America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with MysticPavilion exclusively through binding individual arbitration, with only limited exceptions. This means you and MysticPavilion are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read this Section carefully, as it affects your rights. This contract sets out your rights and responsibilities when you use MysticPavilion.com, Pattern by MysticPavilion, our mobile apps, and the other services provided by MysticPavilion (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on! 2. Those Other Documents We Mentioned MysticPavilion’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services: Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy. Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here. Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here. Our House Rules for Third Parties. These policies apply to intellectual property owners, MysticPavilion API users, affiliates, and anyone requesting information from MysticPavilion. Search and Advertising Ranking Disclosures. This is a concise summary of how MysticPavilion organizes search results and advertising results that could include Your Content. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone! 3. Your Privacy We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here. Both MysticPavilion and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not MysticPavilion, will be responsible for that unauthorized disclosure. If, however, you (as a seller) and MysticPavilion are found to be joint data controllers of buyers’ personal information, and if MysticPavilion is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify MysticPavilion in accordance with Section 9 below. 4. Your Account with MysticPavilion You’ll need to create an account with MysticPavilion to use some of our Services. Here are a few rules about accounts with MysticPavilion: A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use MysticPavilion or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. For more information, see MysticPavilion's Minors Policy. B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable. E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure. F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and MysticPavilion. G. Cases and Appeals. To participate in our case system (as described in Section 10), or to appeal an action by MysticPavilion, you must have an account. This detailed Help article should answer any questions you may have about registering an account with MysticPavilion. 5. Your Content Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it. B. Permission to Use Your Content. By posting Your Content through our Services, you grant MysticPavilion and, as authorized by MysticPavilion in its sole discretion, third parties, a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help MysticPavilion function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree MysticPavilion may offer you or MysticPavilion buyers promotions on the Site, from time to time, that may relate to your listings or other listings on MysticPavilion. C. Rights You Grant MysticPavilion. (Here’s the legalese version of the last section). By posting Your Content, you grant MysticPavilion and, as authorized by MysticPavilion in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote MysticPavilion, your MysticPavilion shop, other shops and listings, or the Services in general, in any formats and through any channels, including across any MysticPavilion Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep MysticPavilion going. Consider these examples: if you upload a photo or video of a listing on your MysticPavilion shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and MysticPavilion’s. D. Reporting Unauthorized Content. MysticPavilion has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens. E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on MysticPavilion’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. 6. Your Use of Our Services License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular: A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against MysticPavilion, another MysticPavilion user, or a third party. B. Pay Your Bills. You are responsible for paying all fees that you owe to MysticPavilion. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, MysticPavilion will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” Please see this FAQ and our and our Fees & Payments Policy for more information on taxes, including details on the taxes MysticPavilion collects and remits from the buyers. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy. C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both MysticPavilion Intellectual Property and Seller Content) without our express permission.. If you want to use our API, please follow our API Terms of Use. D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code. E. Follow Our Trademark Policy. The name "MysticPavilion" and the other MysticPavilion marks, phrases, logos, and designs that we use in connection with our Services (the MysticPavilion Trademarks), are trademarks, service marks, or trade dress of MysticPavilion in the US and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy. F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to MysticPavilion (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. G. Talk to Us Online. From time to time, MysticPavilion will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper. 7. Termination Termination By You. We'd hate to see you go, but you may terminate your account with MysticPavilion at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills. Termination By MysticPavilion. We may terminate or suspend your account (and any accounts MysticPavilion determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, MysticPavilion will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or MysticPavilion terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services MysticPavilion reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in MysticPavilion’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends. 8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For) Items You Purchase. You understand that MysticPavilion does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so MysticPavilion cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release MysticPavilion from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims). Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. MysticPavilion is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in-person meetings. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. MysticPavilion is not a party to those agreements; they are solely between you and the third party. Gift Cards and Promotions. You acknowledge that MysticPavilion does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous. WARRANTIES. MYSTICPAVILION IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MYSTICPAVILION (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL MYSTICPAVILION’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, (B) ANY AMOUNTS DUE UNDER THE MYSTICPAVILION PURCHASE PROTECTION PROGRAM UP TO THE PRICE YOU PAID FOR AN ITEM SOLD BY A THIRD PARTY ON MYSTICPAVILION (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID MYSTICPAVILION IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 9. Indemnification (and What Happens If You Get Us Sued) We hope this never happens, but if MysticPavilion gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold MysticPavilion (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy. 10. Disputes with Other Users If you find yourself in a dispute with another user of MysticPavilion’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system with a registered account. You can find details about the case system in this Help article. In our sole discretion, MysticPavilion will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. MysticPavilion has no obligation to resolve, or to assist in resolving, any disputes. Release of MysticPavilion. You release MysticPavilion from any claims, demands, and damages arising out of disputes with other users or third parties. 11. Arbitration Agreement and Class Action Waiver If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and MysticPavilion (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below. This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law. Please read this Section carefully, as it affects your rights. A. Disputes that We’ll Arbitrate. You and MysticPavilion agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by MysticPavilion or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and MysticPavilion are each waiving your right to sue in court and have a court or jury trial. B. Class and Representative Action Waiver. You and MysticPavilion agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section 11.F (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies). C. Informal Dispute Resolution. Before filing an arbitration, you and MysticPavilion will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to support@mysticpavilion.com that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If MysticPavilion has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and MysticPavilion must cooperate to schedule that meeting by phone or videoconference. You and MysticPavilion each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section. D. Arbitration Rules and Procedures. To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve MysticPavilion with any arbitration demand by mail to: MysticPavilion, Inc. c/o The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801. If MysticPavilion has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can’t agree, a court will choose the provider). The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration). The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or MysticPavilion’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would. The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section 11.C (Informal Dispute Resolution). Except as provided in Section 11.F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and MysticPavilion. Judgment on the award may be entered in any court with jurisdiction. E. Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and MysticPavilion will pay the difference on your behalf. F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings. G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding Section 11.I). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to support@mysticpavilion.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither MysticPavilion nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration. H. Future Changes to the Arbitration Agreement. MysticPavilion will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing support@mysticpavilion.com within 30 days after you receive notice, including your name, email address associated with your account, and your MysticPavilion account(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and MysticPavilion, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected. I. Choice of Law and Forum. MysticPavilion is based in New York, so if there are claims between you and MysticPavilion that aren’t subject to arbitration, you and MysticPavilion each agree to litigate those claims exclusively in state or federal court in New York County, New York, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by New York law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G. 12. Dispute Resolution (Rest of World) This Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your contract is with MysticPavilion Ireland UC, we each agree that the Terms and any disputes between us will be exclusively governed by Irish law, and exclusively decided in the courts of Ireland, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If MysticPavilion needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If a dispute arises between you and MysticPavilion, we encourage you to contact MysticPavilion Support to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section 11.C above. For EU sellers, you may view information about the Platform-to-Business (“P2B”) Regulation here, and you may raise a concern related to P2B here. You or MysticPavilion also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution or resolution through the European Commission's online dispute resolution platform. 13. Changes to the Terms We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account. 14. Some Finer Legal Points The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and MysticPavilion regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. 15. Contact Information If you have any questions about the Terms, please email us at support@mysticpavilion.com.