Intellectual Property Policy

The Mystical Marketplace (TMM) complies with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how TMM sellers can respond when their listings or shops are affected by a notice.

For more information on use of TMM's intellectual property, including guidelines for the use of TMM's Trademarks and brand, please refer to our Seller Terms of Use and Buyer Terms of Use.

This policy is a part of the above mentioned Terms of Use policies.

TMM's Role

TMM is a marketplace comprised of individual third – party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but TMM does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on TMM's marketplace is generated by independent sellers who are not employees, agents, or representatives of TMM. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

TMM reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. TMM also reserves the right to take action against abusers of TMM’s Intellectual Property Policy or our Terms of Use.

TMM can’t speak on behalf of intellectual property owners, nor is TMM in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. TMM will remove material cited for alleged intellectual property infringement when provided with a proper notice.

Notices of Intellectual Property Infringement

TMM strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When TMM removes or disables access in response to a notice, we make a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. TMM may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please contact us at info@themysticalmarketplace.com to provide notice of claimed infringement to TMM’s Designated Agent under the DMCA and for other intellectual property claims.

TMM may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. TMM may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. TMM also reserves the right to take action against abusers of this policy.

Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), TMM accepts counter notices for copyright notices only. When TMM receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs TMM of this action.

Repeat Infringement

TMM terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at TMM’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, TMM reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

Notice Withdrawals

TMM only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and TMM listing URLs).

Once TMM receives a formal withdrawal of a notice of infringement, TMM makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member's shop status.



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