The Magic Network - Terms and Conditions

The Magic Network Terms and Conditions of Use

These Terms and Conditions of Use ("Terms") derive from The Magic Network Principles, and govern our relationship with users and others who interact with The Magic Network. By using or accessing The Magic Network, you agree to these Terms.

Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on The Magic Network. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on The Magic Network, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content for display on The Magic Network, and provide you with The Magic Network, you agree to the following:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Magic Network ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).· The exception to this IP License is "Instant Downloads" that you upload to The Magic Network for the purpose of selling on your profile.· You will always maintain the IP rights to your "Instant Download" files and The Magic Network will not use them for any purpose.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. We always appreciate your feedback or other suggestions about The Magic Network, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep The Magic Network safe, but we cannot guarantee it. In order to maintain this safety, you agree to the following:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access The Magic Network, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use The Magic Network to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of this Terms.
Registration and Account Security
In order to maintain the security of your account and those of other users, you agree to the following Terms relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on The Magic Network, or create an account for anyone other than yourself without permission.
2. You will not use The Magic Network if you are under 13.
3. You will not use The Magic Network if you are located in a country embargoed by the U.S. or Canada, or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use The Magic Network if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
8. Certain areas of The Magic Network may be restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of the material in the Restricted Area, and of your password or your employees' passwords and account information, if any, and agree to notify The Magic Network if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify The Magic Network of any unauthorized use of your account or any other breach of security in relation to the The Magic Network known to you. The Magic Network does not take any responsibility for confidential data in Restricted Areas that is lost, stolen or disclosed inapporpriately due to user actions or negligence.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on The Magic Network that infringes someone else's rights or otherwise violates the law.
2. We can remove any content you post on The Magic Network if we believe that it violates these Terms.
3. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including The Magic Network and The Magic Network Logos, which are copyrighted and trademarked) without our written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not The Magic Network) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not post anyone's identification documents or sensitive financial information on The Magic Network.
About Advertisements on The Magic Network
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. We do not give your content to advertisers.
2. You understand that we may not always identify paid services and communications as such.
Amendments
1. We can change this Terms so long as we provide you notice through The Magic Network (unless you opt-out of such notice) and an opportunity to comment.
2. For all changes we will give you a minimum of seven days notice.
3. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
4. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
Termination
If you violate the letter or spirit of this Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of The Magic Network to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Terms shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 7-9, 11-12.
Disputes
1. You will not raise any dispute or "claim" against The Magic Network unless you have just cause to do so. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms in a provincial or federal court located in Vancouver, BC, Canada. The laws of the Province of British Columbia will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Vancouver, BC, Canada, for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on The Magic Network, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. In no event shall The Magic Network or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Magic Network, even if The Magic Network or an authorized representative of The Magic Network has been notified orally or in writing of the possibility of such damage.
4. The materials appearing on The Magic Network could include technical, typographical, or photographic errors. The Magic Network does not warrant that any of the materials on its website or in the application are accurate, complete, or current. The Magic Network may make changes to the materials contained on its web site or in the application at any time without notice. The Magic Network does not, however, make any commitment to update the materials or applications.
5. WE TRY TO KEEP THE MAGIC NETWORK UP, BUG-FREE, SECURE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE MAGIC NETWORK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE MAGIC NETWORK WILL BE SAFE OR SECURE. THE MAGIC NETWORK IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE MAGIC NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE MAGIC NETWORK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE MAGIC NETWORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Discussion of Magic Secrets and Private Group Forums
1. You agree that you will not discuss or divulge any secrets of magic or mentalism or the workings of any magic or mentalism effect in the areas of The Magic Network that are visible to the public or to any registered members that do not own the effect in question.
2. Discussions about effects and their secrets are permitted only within private groups and their associated forums, only when all group members have provided proof that they own the effect being discussed and were required to provide such proof in order to join the private group.
3. Private product/effect discussion groups may only be started by the owners of the effect or product being discussed, or by an administrator of The Magic Network.
4. Only the owner of an effect or product, or an administrator of The Magic Network, is authorised to grant a user access to a private product/effect discussion group.
5. Any private product/effect discussion groups in which secrets are discussed, that are not started by an administrator of The Magic Network or the owner of the product or effect being discussed, will be removed immediately by The Magic Network administrators.
6. In order to avoid confusion, it is recommended to first contact The Magic Network administrators, via the contact form, to request permission to start a private product discussion group.
7. Any users wishing to join a private product/effect discussion group must provide proof that they own the product or effect being discussed, such as a photo of themselves with the product, where the face in the photo resembles the user's avatar on The Magic Network, plus a proof of product purchases that clearly shows the name of the purchaser and time and place of purchase. The name of the purchaser must match the name on the user account at The Magic Network.
8. The Magic Network reserves the indisputable right to remove any group, or user from any group, that it believes to be unauthorised to discuss the secrets of a product or effect.
Forum and Interacting with other Members

The Magic Network values respect for other members and respect for the art of Magic. When posting in the forums, on member slates, chats, and private messages, all members shall adhere to the following guidelines:

Considering the real-time nature of The Magic Network Site, it is impossible for TheMagicNetwork.com to review all messages or confirm the validity of information posted. Please remember that we do not actively monitor the contents of posted messages and are not responsible for any messages posted or sent. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of this online forum or any entity associated with the forum or site. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to contact @ themagicnetwork . com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

You agree, through your use of this site's services, that you will not use the forum, video gallery, photo gallery, event calendar, slates, blogs, chat, private messaging, or any other communication tool provided by the site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyrighted material is owned by you. Although we do not and cannot review the messages posted and are not responsible for the content of any of these messages, we reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold us harmless with respect to any claim based upon transmission of your messagearray(s).We reserve the right to reveal your identity array(or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

In addition, please remember that this site is for magicians and mentalists who are serious about magic and mentalism. The Magic Network reserves the right to remove or edit any posts or messages made on the site, and will do so if they are deemed to be immature, inappropriate, or not valuable to the Magic Network community members as a whole. You agree to conduct yourself as a mature magician, whether beginner or professional, when using this site.

Definitions
1. By "The Magic Network" we mean the features and services we make available, including through (a) our website at themagicnetwork.com and any other "The Magic Network" branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean The Magic Network, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from The Magic Network and provide data to us relating to The Magic Network users.
4. By "content" we mean the content and information you post on The Magic Network, including information about you and the actions you take.
5. By "post" we mean post on The Magic Network or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
Other
1. These Terms makes up the entire agreement between the parties regarding The Magic Network, and supersedes any prior agreements.
2. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of these Terms, it will not be considered a waiver.
4. Any amendment to or waiver of these Terms must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. These Terms do not confer any third party beneficiary rights.