Terms of Use
Terms of Use
Last Modified: September 20, 2022
Please read these Terms of Use carefully before using our website (including www.magicartdreams.com) “Magic Art Dreams Site”), e-store, or other online products and services, provided by Magic Art Dreams Site or its affiliates (collectively, "Magic Art Dreams Site", "we", "our", or "us") that post a link to these Terms of Use. By visiting or otherwise using Magic Art Dreams Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use and any applicable Additional Terms we may provide. You also acknowledge, agree and consent to our data practices as described in our Privacy Notice.
These Terms of Use affect your legal rights, responsibilities and obligations and govern your use of Magic Art Dreams Site, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. By using Magic Art Dreams Site, you represent and warrant that you are of legal age to form a binding contract with Magic Art Dreams Site. If you do not agree to these Terms of Use and any Additional Terms, do not use Magic Art Dreams Site.
Changes to the Terms of Use. These Terms of Use are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms of Use will be in effect as of the Last Updated date. Your continued use Magic Art Dreams Site after the "Last Updated" date has changed will constitute your acceptance and agreement to such changes.
Your reliance upon information and content obtained by you from Magic Art Dreams Site through use of Magic Art Dreams Site is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction related to your use of Magic Art Dreams Site. Always seek the advice of your health care practitioner with any questions you may have regarding a medical condition.
OWNERSHIP AND RIGHT TO USE Magic Art Dreams SiteS AND MATERIALS
Ownership. Magic Art Dreams Site may contain materials and other items relating to Magic Art Dreams Site, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the "look and feel" of Magic Art Dreams Site (together the "Materials"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned and controlled by Magic Art Dreams Site, our licensors or certain other third parties. All rights, title, and interest in and to the Materials and Intellectual Property available via Magic Art Dreams Site is the property of Magic Art Dreams Site or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property and other rights and laws to the fullest extent possible.
Your Rights. Your right to use Magic Art Dreams Site and Materials is subject to your strict compliance with these Terms of Use and any Additional Terms. Your right to access and use Magic Art Dreams Site and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.
As your right to access and use Magic Art Dreams Site and the Materials is personal to you, you may not assign nor transfer your right and any attempt to do so is void. Subject to your strict compliance with these Terms of Use, Magic Art Dreams Site grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Materials on a personal device, and retain one copy of the Materials as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of all Rights Not Granted. All rights not expressly granted to you are reserved by Magic Art Dreams Site and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of Magic Art Dreams Site and Materials for any purpose is prohibited.
THIRD-PARTY INTERACTIONS
Other Online Services. We are not responsible for other online services or their content, advertisement(s), apps, or websites ("Other Online Services"). For instance, portions of Magic Art Dreams Site may be integrated into or linked to other websites, platforms, and apps that we do not control. Use caution when dealing with other parties and consult their terms of use and privacy policies. We take no responsibility for Other Online Services.
Business Transactions. We reserve the right to transfer any information we obtain through Magic Art Dreams Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
MARKETING MESSAGES
Email Messages. You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please allow up to 10 business days for your request to be processed. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails relating to your use of Magic Art Dreams Site.
USER SUBMISSIONS AND POSTINGS
We may provide user comment areas, message boards or other interactive areas on the site ("User Forums") to give select users of Magic Art Dreams Site a forum to express their opinions and share their ideas, information, materials and other user-generated content (each "User Content").
Waiver of Rights. Whenever you send, post, upload or otherwise make available User Content on a User Forum or elsewhere on Magic Art Dreams Site or directly to Magic Art Dreams Site you grant Magic Art Dreams Site an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty free license to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of any User Content you post or submit to us, and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed (including on or via Magic Art Dreams Site, or by means other than Magic Art Dreams Site, including without limitation via our social media pages and accounts such as Facebook and Twitter), and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Notice or applicable Additional Terms. You further authorize Magic Art Dreams Site to publish your User Content in a searchable format that may be accessed by users of Magic Art Dreams Site and the Internet.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User Content. Our receipt of your User Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your User Content.
No Responsibility. We are not responsible for and we do not endorse, the User Content posted in User Forums or elsewhere on Magic Art Dreams Site.
No Obligation to Pre-screen or Monitor. We retain the right (but not the obligation) in our sole discretion and for any reason, to pre-screen, monitor, edit, and refuse to accept, post, remove or move any User Content. If your User Content contains offensive, indecent or otherwise objectionable content or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Magic Art Dreams Site has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
Availability of Magic Art Dreams Site and Materials. Magic Art Dreams Site in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of Magic Art Dreams Site and/or Materials (and any elements and features of them), in whole or in part, for any reason.
SERVICE AND CONTENT USE RESTRICTIONS
You agree that, except as otherwise authorized, you will not:
Use Magic Art Dreams Site for any commercial or political purpose.
Engage in any activities through or in connection with Magic Art Dreams Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane, abusive; violate any right of any third party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Magic Art Dreams Site.
Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of Magic Art Dreams Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of Magic Art Dreams Site.
Engage in any activity that interferes with a user's access to Magic Art Dreams Site or the proper operation of Magic Art Dreams Site, or otherwise causes harm to Magic Art Dreams Site, or other users of Magic Art Dreams Site.
Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to Magic Art Dreams Site or the Materials.
Harvest, scrape, or otherwise collect or store any information, including personal information, from Magic Art Dreams Site.
Attempt to gain unauthorized access to Magic Art Dreams Site or other computer systems or networks connected to the Site; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
Use Magic Art Dreams Site to transmit information that is in any way false, fraudulent, or misleading.
Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Frame or utilize framing techniques to enclose any Materials (including any images, text, or page layout).
Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Materials;
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any Other Online Service or website, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms of Use or with the prior written consent of Magic Art Dreams Site.
Insert any code or product to manipulate the Materials in any way that adversely affects Magic Art Dreams Site or attempt to interfere with service to any user, host, or network.
Otherwise violate these Terms of Use.
CREATING AN ACCOUNT
If you register an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
Magic Art Dreams Site, Materials, and any products and services appearing or marketed on Magic Art Dreams Site is intended for and directed towards those aged 18 years or above.
Generally. Any deal terms presented to you at the time of purchase or other transaction you conduct on or initiate on Magic Art Dreams Site (“Transaction”) shall be considered Additional Terms. You agree to pay Magic Art Dreams Site all charges at the prices presented to you. You must provide, and you authorize Magic Art Dreams Site to charge, your chosen payment provider (your "Payment Method") when you make a purchase. You agree to make a payment using that selected Payment Method. Magic Art Dreams Site may correct any billing errors or mistakes that it makes even if it has already requested or received payment.
Purchase of Products. Your purchase of any products on Magic Art Dreams Site (“Products”) is subject to our Terms of Sale.
Taxes. Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
NOTICE AND TAKE DOWN PROCEDURE FOR CLAIMS OF INFRINGEMENT
We expect users of Magic Art Dreams Site to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement. In our sole discretion, we may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law, Magic Art Dreams Site has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it through Magic Art Dreams Site, then you may send us a written notice that must include all of the following:
"DMCA Copyright Infringement Notice" in the heading or subject line.
A description of the copyrighted work you believe to have been infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a screenshot of the location where the material is located or a URL).
Accurate and adequate information that we can use to contact you (including your full name, postal address, telephone number, and email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
Your physical or electronic signature.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. Magic Art Dreams Site will only respond to DMCA notices that it receives by email at the addresses below:
[email protected]
It is often difficult to determine if your copyright has been infringed. Magic Art Dreams Site may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents an infringement may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.
NOTICES, QUESTIONS, AND CUSTOMER SERVICE
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding Magic Art Dreams Site, you may contact Customer Experience by sending an email to [email protected]. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive any sections within the Terms of Use or applicable Additional Terms.
We do our best to ensure that the information on Magic Art Dreams Site is accurate and helpful at all times. However, we cannot ultimately promise the accuracy of any information and cannot be held responsible for any use or reliance you may make of it or put on it except as specifically agreed with us in in writing.
We do our best to ensure that Magic Art Dreams Site operate properly at all times, but we make no warranties as to the availability or accessibility of Magic Art Dreams Site, and (except as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of Magic Art Dreams Site.
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We strive to accurately describe our products offered on Magic Art Dreams Site; however, we do not warrant that such specifications, pricing, or other content on Magic Art Dreams Site is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Magic Art Dreams Site shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit card or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Magic Art Dreams Site is not as described, as permitted by applicable law, your sole remedy is to return it and receive a credit for the purchase price.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF Magic Art Dreams Site IS AT YOUR SOLE RISK AND Magic Art Dreams Site IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by applicable law, Magic Art Dreams Site and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Magic Art Dreams Site Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, Magic Art Dreams Site, Materials, User Content or other Magic Art Dreams Site products or services, except as set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, Magic Art Dreams Site PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Magic Art Dreams Site PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT, AND OR DIGITAL PRODUCT, SOLD BY Magic Art Dreams Site PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE MILITARY METAL ENDURANCE SITE PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE MENTAL ENDURANCE SITE COMPANY PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Magic Art Dreams Site PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
LIMITATIONS OF OUR LIABILITY
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY Magic Art Dreams Site PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, Magic Art Dreams Site, Materials, User Content or other Magic Art Dreams Site products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Magic Art Dreams Site.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Magic Art Dreams Site Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of Magic Art Dreams Site).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Magic Art Dreams Site PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF Magic Art Dreams Site AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Magic Art Dreams Site IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Magic Art Dreams Site PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT, AND OR DIGITAL PRODUCT, SOLD BY Magic Art Dreams Site PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) Magic Art Dreams Site PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY Magic Art Dreams Site PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Magic Art Dreams Site PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
GENERAL PROVISIONS
Severability. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement. Except for any Additional Terms that apply to your use of Magic Art Dreams Site as we may notify or make available to you, this is the entire understanding between you and us regarding the use of Magic Art Dreams Site, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Assignment. These Terms of Use and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.
Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of Magic Art Dreams Site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms of Use or any Additional Terms that may be provided to you or agreed upon between you and us.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on Magic Art Dreams Site, without limitation, in whole or in part, including the cessation of all activities associated with Magic Art Dreams Site, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of Magic Art Dreams Site or any part thereof. We also reserve the right to charge for use of Magic Art Dreams Site, in whole or in part, and to change its fees from time to time in its discretion.
Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Magic Art Dreams Site), indemnify, and hold Magic Art Dreams Site Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Magic Art Dreams Site Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User Content; (ii) your use of Magic Art Dreams Site and your activities in connection with Magic Art Dreams Site; (iii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of Magic Art Dreams Site or your activities in connection with Magic Art Dreams Site; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any Intellectual Property, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Magic Art Dreams Site Parties’ use of the information that you submit to us (including your User Content) subject to our Privacy Notice (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by Magic Art Dreams Site Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Magic Art Dreams Site Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Magic Art Dreams Site Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Magic Art Dreams Site Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors and other Magic Art Dreams Site Parties are intended third-party beneficiaries of these Terms of Use.
No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy or provision.
Investigations; Cooperation with Law Enforcement. Magic Art Dreams Site reserves the right to investigate and prosecute any suspected or actual violations of these Terms of Use. Magic Art Dreams Site may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
International Issues. Magic Art Dreams Site controls and operates Magic Art Dreams Site from its offices in the United Kingdom and makes no representation that Magic Art Dreams Site is appropriate or available for use beyond the United States. If you use The Magic Art Dreams Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of Magic Art Dreams Site and/or the provision of any content, program, product, service, or other feature described or available through Magic Art Dreams Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via Magic Art Dreams Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of Magic Art Dreams Site, other than to read the Terms of Use and Privacy Policy, constitutes agreement to the Terms of Use, and any applicable Additional Terms, then posted without further action by you.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use or any applicable laws or regulations because of any event beyond our reasonable control.
CONTACT Magic Art Dreams Site
You may contact us with questions regarding this Terms of Use by emailing [email protected]
Magic Art Dreams
Last updated: September 20, 2022
Last Modified: September 20, 2022
Please read these Terms of Use carefully before using our website (including www.magicartdreams.com) “Magic Art Dreams Site”), e-store, or other online products and services, provided by Magic Art Dreams Site or its affiliates (collectively, "Magic Art Dreams Site", "we", "our", or "us") that post a link to these Terms of Use. By visiting or otherwise using Magic Art Dreams Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use and any applicable Additional Terms we may provide. You also acknowledge, agree and consent to our data practices as described in our Privacy Notice.
These Terms of Use affect your legal rights, responsibilities and obligations and govern your use of Magic Art Dreams Site, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. By using Magic Art Dreams Site, you represent and warrant that you are of legal age to form a binding contract with Magic Art Dreams Site. If you do not agree to these Terms of Use and any Additional Terms, do not use Magic Art Dreams Site.
Changes to the Terms of Use. These Terms of Use are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms of Use will be in effect as of the Last Updated date. Your continued use Magic Art Dreams Site after the "Last Updated" date has changed will constitute your acceptance and agreement to such changes.
Your reliance upon information and content obtained by you from Magic Art Dreams Site through use of Magic Art Dreams Site is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction related to your use of Magic Art Dreams Site. Always seek the advice of your health care practitioner with any questions you may have regarding a medical condition.
OWNERSHIP AND RIGHT TO USE Magic Art Dreams SiteS AND MATERIALS
Ownership. Magic Art Dreams Site may contain materials and other items relating to Magic Art Dreams Site, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the "look and feel" of Magic Art Dreams Site (together the "Materials"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned and controlled by Magic Art Dreams Site, our licensors or certain other third parties. All rights, title, and interest in and to the Materials and Intellectual Property available via Magic Art Dreams Site is the property of Magic Art Dreams Site or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property and other rights and laws to the fullest extent possible.
Your Rights. Your right to use Magic Art Dreams Site and Materials is subject to your strict compliance with these Terms of Use and any Additional Terms. Your right to access and use Magic Art Dreams Site and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.
As your right to access and use Magic Art Dreams Site and the Materials is personal to you, you may not assign nor transfer your right and any attempt to do so is void. Subject to your strict compliance with these Terms of Use, Magic Art Dreams Site grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Materials on a personal device, and retain one copy of the Materials as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of all Rights Not Granted. All rights not expressly granted to you are reserved by Magic Art Dreams Site and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of Magic Art Dreams Site and Materials for any purpose is prohibited.
THIRD-PARTY INTERACTIONS
Other Online Services. We are not responsible for other online services or their content, advertisement(s), apps, or websites ("Other Online Services"). For instance, portions of Magic Art Dreams Site may be integrated into or linked to other websites, platforms, and apps that we do not control. Use caution when dealing with other parties and consult their terms of use and privacy policies. We take no responsibility for Other Online Services.
Business Transactions. We reserve the right to transfer any information we obtain through Magic Art Dreams Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
MARKETING MESSAGES
Email Messages. You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please allow up to 10 business days for your request to be processed. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails relating to your use of Magic Art Dreams Site.
USER SUBMISSIONS AND POSTINGS
We may provide user comment areas, message boards or other interactive areas on the site ("User Forums") to give select users of Magic Art Dreams Site a forum to express their opinions and share their ideas, information, materials and other user-generated content (each "User Content").
Waiver of Rights. Whenever you send, post, upload or otherwise make available User Content on a User Forum or elsewhere on Magic Art Dreams Site or directly to Magic Art Dreams Site you grant Magic Art Dreams Site an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty free license to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of any User Content you post or submit to us, and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed (including on or via Magic Art Dreams Site, or by means other than Magic Art Dreams Site, including without limitation via our social media pages and accounts such as Facebook and Twitter), and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Notice or applicable Additional Terms. You further authorize Magic Art Dreams Site to publish your User Content in a searchable format that may be accessed by users of Magic Art Dreams Site and the Internet.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User Content. Our receipt of your User Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your User Content.
No Responsibility. We are not responsible for and we do not endorse, the User Content posted in User Forums or elsewhere on Magic Art Dreams Site.
No Obligation to Pre-screen or Monitor. We retain the right (but not the obligation) in our sole discretion and for any reason, to pre-screen, monitor, edit, and refuse to accept, post, remove or move any User Content. If your User Content contains offensive, indecent or otherwise objectionable content or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Magic Art Dreams Site has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
Availability of Magic Art Dreams Site and Materials. Magic Art Dreams Site in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of Magic Art Dreams Site and/or Materials (and any elements and features of them), in whole or in part, for any reason.
SERVICE AND CONTENT USE RESTRICTIONS
You agree that, except as otherwise authorized, you will not:
Use Magic Art Dreams Site for any commercial or political purpose.
Engage in any activities through or in connection with Magic Art Dreams Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane, abusive; violate any right of any third party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Magic Art Dreams Site.
Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of Magic Art Dreams Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of Magic Art Dreams Site.
Engage in any activity that interferes with a user's access to Magic Art Dreams Site or the proper operation of Magic Art Dreams Site, or otherwise causes harm to Magic Art Dreams Site, or other users of Magic Art Dreams Site.
Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to Magic Art Dreams Site or the Materials.
Harvest, scrape, or otherwise collect or store any information, including personal information, from Magic Art Dreams Site.
Attempt to gain unauthorized access to Magic Art Dreams Site or other computer systems or networks connected to the Site; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
Use Magic Art Dreams Site to transmit information that is in any way false, fraudulent, or misleading.
Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Frame or utilize framing techniques to enclose any Materials (including any images, text, or page layout).
Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Materials;
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any Other Online Service or website, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms of Use or with the prior written consent of Magic Art Dreams Site.
Insert any code or product to manipulate the Materials in any way that adversely affects Magic Art Dreams Site or attempt to interfere with service to any user, host, or network.
Otherwise violate these Terms of Use.
CREATING AN ACCOUNT
If you register an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
Magic Art Dreams Site, Materials, and any products and services appearing or marketed on Magic Art Dreams Site is intended for and directed towards those aged 18 years or above.
Generally. Any deal terms presented to you at the time of purchase or other transaction you conduct on or initiate on Magic Art Dreams Site (“Transaction”) shall be considered Additional Terms. You agree to pay Magic Art Dreams Site all charges at the prices presented to you. You must provide, and you authorize Magic Art Dreams Site to charge, your chosen payment provider (your "Payment Method") when you make a purchase. You agree to make a payment using that selected Payment Method. Magic Art Dreams Site may correct any billing errors or mistakes that it makes even if it has already requested or received payment.
Purchase of Products. Your purchase of any products on Magic Art Dreams Site (“Products”) is subject to our Terms of Sale.
Taxes. Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
NOTICE AND TAKE DOWN PROCEDURE FOR CLAIMS OF INFRINGEMENT
We expect users of Magic Art Dreams Site to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement. In our sole discretion, we may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law, Magic Art Dreams Site has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it through Magic Art Dreams Site, then you may send us a written notice that must include all of the following:
"DMCA Copyright Infringement Notice" in the heading or subject line.
A description of the copyrighted work you believe to have been infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a screenshot of the location where the material is located or a URL).
Accurate and adequate information that we can use to contact you (including your full name, postal address, telephone number, and email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
Your physical or electronic signature.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. Magic Art Dreams Site will only respond to DMCA notices that it receives by email at the addresses below:
[email protected]
It is often difficult to determine if your copyright has been infringed. Magic Art Dreams Site may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents an infringement may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.
NOTICES, QUESTIONS, AND CUSTOMER SERVICE
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding Magic Art Dreams Site, you may contact Customer Experience by sending an email to [email protected]. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive any sections within the Terms of Use or applicable Additional Terms.
We do our best to ensure that the information on Magic Art Dreams Site is accurate and helpful at all times. However, we cannot ultimately promise the accuracy of any information and cannot be held responsible for any use or reliance you may make of it or put on it except as specifically agreed with us in in writing.
We do our best to ensure that Magic Art Dreams Site operate properly at all times, but we make no warranties as to the availability or accessibility of Magic Art Dreams Site, and (except as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of Magic Art Dreams Site.
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We strive to accurately describe our products offered on Magic Art Dreams Site; however, we do not warrant that such specifications, pricing, or other content on Magic Art Dreams Site is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Magic Art Dreams Site shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit card or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Magic Art Dreams Site is not as described, as permitted by applicable law, your sole remedy is to return it and receive a credit for the purchase price.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF Magic Art Dreams Site IS AT YOUR SOLE RISK AND Magic Art Dreams Site IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by applicable law, Magic Art Dreams Site and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Magic Art Dreams Site Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, Magic Art Dreams Site, Materials, User Content or other Magic Art Dreams Site products or services, except as set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, Magic Art Dreams Site PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Magic Art Dreams Site PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT, AND OR DIGITAL PRODUCT, SOLD BY Magic Art Dreams Site PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE MILITARY METAL ENDURANCE SITE PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE MENTAL ENDURANCE SITE COMPANY PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Magic Art Dreams Site PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
LIMITATIONS OF OUR LIABILITY
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY Magic Art Dreams Site PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, Magic Art Dreams Site, Materials, User Content or other Magic Art Dreams Site products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Magic Art Dreams Site.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Magic Art Dreams Site Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of Magic Art Dreams Site).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Magic Art Dreams Site PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF Magic Art Dreams Site AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Magic Art Dreams Site IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Magic Art Dreams Site PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT, AND OR DIGITAL PRODUCT, SOLD BY Magic Art Dreams Site PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) Magic Art Dreams Site PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY Magic Art Dreams Site PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST Magic Art Dreams Site PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
GENERAL PROVISIONS
Severability. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement. Except for any Additional Terms that apply to your use of Magic Art Dreams Site as we may notify or make available to you, this is the entire understanding between you and us regarding the use of Magic Art Dreams Site, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Assignment. These Terms of Use and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.
Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of Magic Art Dreams Site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms of Use or any Additional Terms that may be provided to you or agreed upon between you and us.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on Magic Art Dreams Site, without limitation, in whole or in part, including the cessation of all activities associated with Magic Art Dreams Site, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of Magic Art Dreams Site or any part thereof. We also reserve the right to charge for use of Magic Art Dreams Site, in whole or in part, and to change its fees from time to time in its discretion.
Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Magic Art Dreams Site), indemnify, and hold Magic Art Dreams Site Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Magic Art Dreams Site Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User Content; (ii) your use of Magic Art Dreams Site and your activities in connection with Magic Art Dreams Site; (iii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of Magic Art Dreams Site or your activities in connection with Magic Art Dreams Site; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any Intellectual Property, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Magic Art Dreams Site Parties’ use of the information that you submit to us (including your User Content) subject to our Privacy Notice (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by Magic Art Dreams Site Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Magic Art Dreams Site Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Magic Art Dreams Site Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Magic Art Dreams Site Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors and other Magic Art Dreams Site Parties are intended third-party beneficiaries of these Terms of Use.
No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy or provision.
Investigations; Cooperation with Law Enforcement. Magic Art Dreams Site reserves the right to investigate and prosecute any suspected or actual violations of these Terms of Use. Magic Art Dreams Site may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
International Issues. Magic Art Dreams Site controls and operates Magic Art Dreams Site from its offices in the United Kingdom and makes no representation that Magic Art Dreams Site is appropriate or available for use beyond the United States. If you use The Magic Art Dreams Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of Magic Art Dreams Site and/or the provision of any content, program, product, service, or other feature described or available through Magic Art Dreams Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via Magic Art Dreams Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of Magic Art Dreams Site, other than to read the Terms of Use and Privacy Policy, constitutes agreement to the Terms of Use, and any applicable Additional Terms, then posted without further action by you.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use or any applicable laws or regulations because of any event beyond our reasonable control.
CONTACT Magic Art Dreams Site
You may contact us with questions regarding this Terms of Use by emailing [email protected]
Magic Art Dreams
Last updated: September 20, 2022