ACCEPTANCE OF TERMS
ACCEPTANCE OF TERMS
Welcome to our Terms of Service page. This page outlines the terms and conditions that shall govern all issues or matters in relation to your use of www.magickmultimedia.com or any services being provided on this website, or the websites of its subsidiaries and channel partners. These terms and conditions shall be part of a legally binding agreement that you enter with the www.magickmultimedia.com for using its services. You should carefully review the provisions of this Terms of Service before using any feature or services being provided by www.magickmultimedia.com or its subsidiaries and channel partners. If you are not satisfied with these provisions or have any reservations, you shall have the right to discontinue your access or use of our services.
Accessing www.magickmultimedia.com or using any service being provided on the website, or the websites of its subsidiaries or channel providers shall be deemed that you have read this document, understand your legal obligation under this agreement and explicitly consent to enter a legally binding agreement with www.magickmultimedia.com. Subject to applicable laws, the provisions of this agreement shall govern your relationship with www.magickmultimedia.com or its subsidiaries and channel partners, but nothing in this agreement shall shield the contracting parties from the legal implications of fraud or illegal activities on the website.
Accessing www.magickmultimedia.com or using any service being provided on the website, or the websites of its subsidiaries or channel providers shall be deemed that you have attained the maturity to enter a legally binding agreement. If you have not, it shall be deemed that you re accessing the websites or using the services under the guidance and supervision of your legal guardians, who shall consent to enter this agreement on your behalf. Minors who are less than 13 years of age or trying to access the resources or services on the website without the consent of their legal guardians shall not be allowed to access this websites or use our services.
You should acknowledge and consent that all communications in relation to your access or use of the website shall take place in digital format and retain the same legal sanctity as on being communicated in writing.
www.magickmultimedia.com may post updates or guidelines regarding the process/procedures for using this website or any services being offered on it. However, nothing on this website, including the advice and support tendered or extended by the customer support executives, affiliates, subsidiaries or channel partners of this website shall constitute a legal obligation unless such guidelines, rules and tendered advise has been specifically mentioned in this Agreement.
www.magickmultimedia.com shall retain a discretionary right to edit, modify, change or replace the provisions of this agreement at any time. We will take appropriate measures to notify you about these changes. The modified Terms of service shall become effective immediately after such notifications. The modified Terms of Service shall entirely replace all the previous versions. If you are not satisfied with the modified terms and conditions or have any reservations, you shall have a right to discontinue our service. In the case of continued access to this website or using our services after such modification, it shall be deemed that you have given your consent to abide by the modified Terms of Service.
DESCRIPTION OF SERVICE
www.magickmultimedia.com owns and operates a health and personal development related website known as www.magickmultimedia.com. www.magickmultimedia.com shall create and promote The Magick Community where aspiring entrepreneurs can learn how to build online startups and essentially contributes to their overall success in life. This website may allow the participants to share views, reviews, and digital content on the managed/supported social media forums and public platforms.
REGISTRATION / MEMBERSHIP
Access to www.magickmultimedia.com shall be voluntary, but you may be required to register/subscribe with us for accessing the premium features of website or using any value-added services being offered on the website, or the websites of its subsidiaries and channel partners.When you register with us or subscribe to use any services being offered on this website, it shall be deemed that you have provided reliable, complete and updated and information without any attempt or intention to impersonate another person’s identity. It shall be your responsibility to keep this information updated so that we retain true, accurate, complete, and current profile of our users.
We shall retain a right to implement appropriate monitoring system on this website. If www.magickmultimedia.com becomes aware at any point, or there is sufficient reasons to believe that you have violated any provisions of the Entire Agreement, it may use its discretionary right to block, suspend, or terminate your membership to the website and delete/remove your posted content. Our decision as to what amounts to a sufficient reason shall be final without any need for further explanation.
Registered users should maintain the confidentiality of their account/password. You shall be accountable for all activities that might occur under your credentials. Therefore, if you suspect any breach of security or unauthorized access to your account, immediately inform us to prevent or minimize any loss. We shall not be held responsible for any loss, damages, obligations, or consequences arising out of your failure to protect passwords or comply with the safety guidelines.
You should consent that we shall hold exclusive rights to remove/edit your content, terminate accounts and refuse to provide any services to users who violate our Terms of Service. If you feel that your username or password is compromised or being used for unauthorized access to our website, you should immediately inform us to safeguard yourself against any obligations arising out of losses, theft or unauthorized use of our website.Your membership and obligations to www.magickmultimedia.com shall remain non-transferable and there should be no third party beneficiaries to this agreement.
COPYRIGHTS AND TRADEMARKS
You should acknowledge that views, reviews and other useful information, including the applications, products, services and associated service names shall be exclusive property of www.magickmultimedia.com, completely protected by copyright and intellectual property laws. You should refrain from copying, reproducing or redistributing our applications, programs, and services in any form or by any means for selling, leasing, loaning, sub-licensing or transferring the concept to be launched as third party services, or used as your own program or service, or any other purpose that violates our proprietary rights. Unless you have been explicitly authorized by www.magickmultimedia.com in writing, you should never imitate, reproduce, derive, modify or do anything that amounts to infringement of intellectual property rights.
Besides the contents on our website, entire website presentation such as the logos, graphics, page headers, button icons and scripts in connection with any services being offered on www.magickmultimedia.com or its subsidiaries are exclusive trademarks of www.magickmultimedia.com. You should never attempt to copy or imitate our logos or trademarks and in doing so creating confusion among our customers or benefiting yourself in any manner. Similarly, the logos and trademarks of subsidiaries, channel partners and service providers on our website are exclusive properties of their respective owners. You should always respect their copyrights and trademarks.
You can access User Generated Content for non-commercial purpose only. Unless you have been permitted by the respective copyright owners, nothing in this agreement shall give you any rights of retransmission, redistribution, reproduction, publication, broadcast, distribution, transmission, or circulation of published or shared content through any means or any manner. You are strictly prohibited to display, reproduce or share the User Generated Content on forums, newsgroups, electronic bulletin boards, mailing lists, or internet chats being supported or sponsored by other websites or servers. You should refrain from any activity that undermines the commercial value of our contents, including the User Generated Content on our website.
COPYRIGHT INFRINGEMENT POLICY
www.magickmultimedia.com shall take proactive measures to ensure that all claims of intellectual property infringement are resolved quickly. If you feel that your proprietary rights have been violated, you should contact our customer support executives to receive the standard notice format that has to be duly filled and mailed/faxed at:
Subject to the provisions of this agreement and applicable laws, any notice related to alleged infringement of your proprietary rights shall be received in the English language only. All communications/notices that don’t comply with this ‘Terms of Service’ shall be rejected, and no action shall be initiated as long as the respective notice stands rejected. Once we receive a valid complaint for alleged infringement of your property rights, we shall take the following actions within four weeks from the date of your complaint:
Fraud, encoded communication, organizing, running or supporting criminal/terrorist networks and other unlawful activities on the website should be strictly prohibited. It shall be your responsibility to ensure that all content, including the text messages, pictures, videos, sound or music, software applications and other materials that are privately transmitted or publicly shared, are authentic and adhere to our policies. While accessing this website or using its services, you should always comply with applicable laws and provisions of this Terms of Service. You should never use our website, social media platforms or any other service being offered on this website for the following activities:
USER GENERATED CONTENT
www.magickmultimedia.com may create, manage or sponsor public forums or social media platforms on this website or the websites of its affiliates and channel partners. You may be encouraged to post your views, reviews, comments, feedbacks, suggestions and other useful materials on this website or the public platforms being managed or sponsored by www.magickmultimedia.com. The members as well as the guest users of this website may freely share their ideals, queries and concerns on our public forums and you may benefit from the collective knowledge, but you should understand that some posts may be indecent, inappropriate or offensive from your perspective.
magickmultimedia shall retain a non-exclusive but perpetual, irrevocable and royalty-free right to all contents, including but not limited to the texts, pictures, graphics, videos, software applications, messages, or other information that may be uploaded, posted, transmitted or otherwise made available on the public forums and social media platforms being supported or sponsored by www.magickmultimedia.com, or its subsidiaries and channel partners. We shall be entitled to modify, distribute, transfer or share your published content with the third parties at our sole discretion. However, the license to modify, adapt, publish, distribute, reproduce, translate, make derivative work, publicly perform/display, use or sublicense should automatically terminate when the content is withdrawn or removed by the magickmultimedia.
Posting or sharing content on public platforms being supported/sponsored by www.magickmultimedia.com, or its subsidiaries and channel partners shall be deemed as your warrant about its accuracy and reliability. You shall be liable for anything you post or share on our public platforms. When your publish or share your content on public platforms being managed or sponsored by www.magickmultimedia.com, it shall be deemed that you own copyrights to such contents or fully authorized to publish or share such contents. However, we may ask you to submit conclusive proof or documentary support to establish your right to publish or share the content/s in question.
The members and guest visitors of this website should have a right to access your shared content for non-commercial purpose, but nothing in this agreement shall be taken as a right to retransmit, redistribute, reproduce, republish and broadcast or circulate the publicly shared/User Generated Content in any form or manner, including but not limited to the circulation of content within the same company or organization. You are strictly prohibited to share, display or republish the User Generated Content on electronic bulletin boards, Internet Relay Chats, mailing lists, newsgroups, or public forums being supported or sponsored by other websites or service providers.
www.magickmultimedia.com is not responsible for publishing such User Generated Contents; and therefore, you should indemnify www.magickmultimedia.com and its subsidiaries and channel partners for all claims that may arise due to any inconsistencies, including but not limited to errors and omissions, violations of third party intellectual property/copyrights and publishing inaccurate, unreliable, indecent or otherwise inappropriate. In order to avoid such unpleasant situations or undo the wrongs, www.magickmultimedia.com shall retain absolute discretionary rights to edit, modify, delete or completely remove any content from our website or public forums if we become aware or there is sufficient reasons to believe that posted contents don’t comply with our policies.
We may also consider pre-screening of User Generated Content and implement appropriate measures to monitor the activities on the website and its public forums. www.magickmultimedia.com shall retain absolute discretionary rights to edit, modify or refuse/remove your content during the pre-screening stage or subsequent publication. However, it may not be possible to pre-screen or review every communication or shared content due to enormous size and number of users on the website and public forums. It shall be your responsibility to evaluate the authenticity, reliability and usefulness of shared information or content. www.magickmultimedia.com is not liable for what is being conveyed or shared on the website or its public forums. You should bear all the risks that might be involved in using public platforms.
INTERSTATE OR INTERNATIONAL COMMUNICATIONS
Whether you are registered as a member of www.magickmultimedia.com, or using our services as a guest user, your text messages, pictures, videos, sound/music or any content may be communicated, transmitted, uploaded, stored, published or shared through networks that are located outside the United States or your home country. Therefore, the electronic communication networks, in whole or parts thereof, may be subject to different architecture, business practices, safety guidelines and government regulations. You should acknowledge and consent to use our services as per the interstate and/or international data transmission guidelines and regulations, irrespective of the fact that such electronic communications were initiated within the United States or your home country.
In fact, you should understand the global nature of Internet and comply with all local, state, national and international laws related to transmission of technical data within or outside the United States, or use of any service on the website, or the websites of its subsidiaries and channel partners.
STORAGE SPACE AND DATA TRANSFERS
www.magickmultimedia.com shall retain exclusive rights to decide about the process and procedures for using its services, including but not limited to maximum size of files or uploaded data, number of days uploaded content will be retained on the servers, maximum number of emails or size of emails that may be sent or received by a member, maximum number of cloud space that can be allocated to a member, maximum amount of time or duration that may be allowed for using a service or other general practices and limits for using our services on the website, or the websites of our subsidiaries and channel partners. It shall be your responsibility to understand the limits of your usage and www.magickmultimedia.com shall not be held liable for any deletion of files or failures of communications beyond such limitations. We shall reserve complete discretionary rights to modify these general practices and limitations at any time, without giving any prior notice. No claim or compensations shall arise on the grounds that files were deleted, communications disallowed or services terminated/denied without notifying the users.
MODIFICATIONS TO SERVICE
Subject to applicable laws, www.magickmultimedia.com shall retain absolute discretionary rights to change, modify, suspend or permanently discontinue any service, in whole or parts thereof, with or without giving any notifications regarding the modifications in its services. www.magickmultimedia.com shall not be answerable or liable to anybody regarding its decision to suspend, modify or discontinue any service, irrespective of the reasons behind such decisions.
If www.magickmultimedia.com becomes aware at any point, or there is sufficient reasons to believe that you have violated any provisions of the Entire Agreement, we shall exercise our discretionary rights to block your access to any or all contents associated with your account or related parties, suspend, and even terminate your membership to www.magickmultimedia.com. We should also terminate your account when:
You should acknowledge and consent that www.magickmultimedia.com shall not be held liable for the termination of your account and resulting loss of email address and related data or services, irrespective of the reasons for such termination.
www.magickmultimedia.com shall reserve a right to monetize www.magickmultimedia.com, or its subsidiaries with the help of third party advertisers and advertising service providers. We may also include links to third party websites and useful information so that our members and guest users benefit from insightful information and technical knowledge related to the services being offered on the website. You should acknowledge and consent that third party services are governed by the terms and conditions, and warranties of respective businesses. You should carefully review their policies before entering a business relationship with such service providers. www.magickmultimedia.com shall not be held liable for any loss, damage or consequences of using third party service or rely on their tendered advice or information.
You should acknowledge that the contents, advice, suggestions, or services on our website are being offered ‘as it is.’ You should consent to indemnify www.magickmultimedia.com, its subsidiaries, directors, executives, employees, agents and service providers, waiving them from all claims and expenses, including the legal fees or expenses that might result from the use of contents, products, advice, suggestion or services being offered on our website, or unauthorized use of your account, password, personal identity or any information stored on our servers and/or infringement to your copyrights.
DISCLAIMER OF WARRANTIES
You should acknowledge that we disclaim all kinds of warranties, irrespective of their implied nature. You should bear all the risks involved in accessing this website or using any services being offered on it.
We shall retain absolute discretionary powers to edit, modify, suspend or permanently discontinue any services being offered on this website, in whole or parts thereof, without giving any prior notice. Nothing in this agreement shall grant you any rights to claim compensation on the grounds of such modifications, suspensions or discontinuations of our services. Nothing in this agreement shall denote an implicit or explicit warranty that:
Nothing on this website, including but not limited to the publication of views, reviews, messages, opinions and recommendations from individuals or business entities, or the inclusion of third party links shall denote that we advocate, endorse, sponsor or support any particular business owner or service provider, or have a business interest/secret dealings regarding the sale of advertised products and services or any other commercial activity relating to services being offered on the website. We are not responsible for third party views, messages, opinions and recommendations.
You should acknowledge that it may not be possible for us to review or edit all views, messages, opinions or recommendations being shared on the website by our users. Although, the accuracy and reliability of User Generated Content has been ensured by creating a legally binding obligation and published content is always obtained from reliable sources, we cannot guarantee the usefulness or suitability of news, views, reviews, opinions or other information for any specific person or purpose. Therefore, you should apply your common sense and use the website at your own risk.
You should acknowledge that views, messages, opinions, reviews, recommendations and other User Generated Content from individuals and business entities are published for information purpose only. Nothing on this website shall be taken as an expert or professional advice in matters that require legal, taxation, financial or investment planning. No doubt, extremely useful information and advice is shared on our website, but you should always rely on the expert advice of authorized professionals. We shall not be responsible for any loss or damages that might occur due to your reliance on this website for making important decisions.
We have implemented a content monitoring system on our website, but it may not be possible to monitor every comment, feedback, review, message and information for evaluating their accuracy, reliability, usefulness or appropriate nature. Therefore, we don’t pledge to monitor everything on this website and disclaim all warranties related to the accuracy, reliability, and suitability of User Generated Content, including the non-infringement of intellectual property rights, copyright, trademarks or other proprietary rights.
You should acknowledge that the Internet based services are subject to certain threats of virus attacks and ethical or un-ethical hacking attempts. You should bear all the risks that may be involved in using Internet based services. We don’t guarantee that the downloaded content will be free from virus or malicious codes. It shall be your responsibility to protect your system from viruses and malicious codes. www.magickmultimedia.com shall not be held liable for any damage to your computer system that might occur from the downloaded content.
You should acknowledge that certain light patterns or computer backgrounds may cause epileptic seizures and related conditions in few people. Please consult to your physician before using our services, particularly if are prone to epileptic seizures or have a family history. www.magickmultimedia.com shall not be held liable eye or muscle twitches, altered vision, disorientation, involuntary movements, convulsions or loss of awareness while using the services being offered on this website, or the websites of its subsidiaries.
LIMITATION OF LIABILITY
www.magickmultimedia.com shall not be responsible for any direct, indirect, incidental, consequential or special damages arising out of the content on its website or the use of its services, irrespective of the fact that such liabilities resulted from breach of contract, warranty provisions, torts, or other legal grounds, including the communication in which the possibility of such damages was already conveyed to the website.
Subject to your right against the exclusion of liabilities, www.magickmultimedia.com or its subsidiaries, channel partners, affiliates, licensors, agents, or third party service providers shall not be held responsible for any direct or indirect, minor or major, special or exemplary damages, including but not limited to: intangible losses such as loss of credibility or goodwill, financial loss, or other damages that may arise from your ability or inability to use our services, defects, errors and omissions, escalated cost of purchasing substitute products or services due to any message, advice, or information tendered on this website, interruption or delays in operation due to unforeseen circumstances like equipment, power or Internet failure, strikes and disputes, law and order disturbances, statements, conduct or non-performance of third parties, or alternation/loss of data during transmission, deletion of files or any other issue caused by unauthorized access to your account.
The terms and conditions of this Agreement shall be interpreted in the light of the U. S. laws. The parties to this agreement shall submit before the exclusive jurisdiction of the US courts with competent authority.
If any provision of this agreement is held void by the courts with competent authority or becomes un-enforceable due to enacted legislation, the impugned provisions shall be replaced by new clause/s or section/s in the spirit and harmony of affected clauses/sections and judicial review/legislated law. The remaining provisions shall remain in force with full legal sanctity.
If we are unable to enforce your obligations under this agreement due to any reasons, it shall not be deemed that we have surrendered our right to enforce such obligations or infringements in the future.
The rights and obligations under this agreement shall remain non-transferable and the membership to www.magickmultimedia.com shall be terminated upon the death of the member. Once we get a copy of death certificate, all contents and related data of a member’s account shall be purged from our servers.
Unless otherwise mentioned in the Entire Agreement, the aggrieved party shall initiate its claim within a period of one year from the date of disputed action, failing which the aggrieved party shall lose its claim against the other party.