Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF MagicStream.COM (“MagicStream©”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Magic Stream©.
Magic Stream© grants you the limited right to display the Materials only on your personal computing device. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to revoke access to any downloaded and/or printed Materials. Not all materials will be available for download.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Third Party Content
Certain information and content may be provided by third parties to Magic Stream© (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. Magic Stream© DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
No Framing
You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Magic Stream© or its licensors, respectively.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet that are not under the control of or maintained by Magic Stream©. Such links do not constitute an endorsement by Magic Stream© of those sites. You acknowledge that Magic Stream© is providing these links to you only as a convenience, and further agree that Magic Stream© is not responsible for the content of such sites. Your use of other sites is subject to the terms of use and privacy policies located on the linked sites.
Restricted Areas of the Site
Certain areas of the Site may be password 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 your password or your employees’ passwords and account information, if any, and agree to notify Magic Stream© 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 Magic Stream© of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
Privacy Policy
Your use of the Site is governed by the Magic Stream© Privacy Policy, which is available at http:www.magicstream.com (the “Privacy Policy”).
Submissions
You acknowledge that you are responsible for the information and material that you submit (each a “Submission”), and that you, and not Magic Stream©, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site outside the Restricted Areas is provided on a non-proprietary and non-confidential basis. You agree that Magic Stream© shall be free to use or disseminate a Submission, which is posted outside the Restricted Areas on an unrestricted basis for any purpose. If you submit Information to the Site, you grant Magic Stream© a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No Information you submit shall be deemed confidential. However, Magic Stream© agrees to use your Information in accordance with Magic Stream©’s Privacy Policy applicable to personally identifiable user data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Magic Stream©.
Unauthorized Activities
You acknowledge that your Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold Magic Stream© entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Magic Stream© in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your Submissions) violates any applicable law or regulation, or the rights of any third party. Knowingly taking advantage of any loophole in site programming or configuration which results in unreasonable loss for Magic Stream will also be cause for account termination and suspension.
Trademarks
Magic Stream© and Magic Stream©.com, LLC are trademarks of Magic Stream© in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Magic Stream© & Ellusionist©, Copyright © 2017 Magic Stream©, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Magic Stream© respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our website, please provide Magic Stream©’s copyright agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Magic Stream©’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
By mail:
Magic Stream©
P. O. Box 11623
San Rafael, CA 94901
By phone (US & Canada Toll Free): 1-866-244-2426
By phone (International): 1-415-459-4945
By email: team@ellusionist.com
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Magic Stream©, and agree that Magic Stream© does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that Magic Stream© has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by Magic Stream© or its licensors.
Magic Stream©, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Magic Stream© SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL Magic Stream© BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Magic Stream© HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws; Export Control
Magic Stream© controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
You acknowledge and agree that the Materials and the Third Party Content are subject to the U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to U.S. law is prohibited. You agree that none of the Materials or and the Third Party Content, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
General
Magic Stream© does not monitor your data or transmissions, yet, Magic Stream© does actively monitor overall site usage for system utilization purposes. You agree, however, that, in Magic Stream©’s efforts to promote good citizenship within the Internet community, if Magic Stream© becomes aware of inappropriate use of the Site or any Magic Stream© service, Magic Stream© may respond, which may include account suspension or termination. You acknowledge that Magic Stream© will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, Magic Stream© will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Magic Stream© reserves the right to terminate your access to the site without notice. Magic Stream©’s preferred course of action, where practicable, is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that Magic Stream© and its licensors may make improvements and/or changes in the Materials or other items described in or offered on this Site, if any, at any time without notice, and further agree that Magic Stream© can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been posted constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Magic Stream© to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Magic Stream© in writing. The Terms comprises the entire agreement between you and Magic Stream© and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Membership
Your membership will continue month-to-month until terminated. To use the service you must have Internet access and a web ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your membership by visiting our website and clicking on the "Your Account" link available at the top of the pages of the website under your profile name.
Billing
Billing Cycle. The membership fee for the Magicstream service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on the basis of your subscription length to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.(ie. Monthly subscriptions are charged monthly, yearly subscriptions are charged yearly based on the renewal period)
Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Dashboard" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Cancellation. You can cancel your Magic Stream Subscription at any time, and you will continue to have access to the Magic Stream service through the end of your subscription billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Magic Stream content.
Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.
Passwords & Account Access
The member who created the Magic Stream account and whose Payment Method is charged (the "Account Owner") has access and control over the Magic Stream account and the Magic Stream ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Magic Stream ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Magic Stream or our partners from identity theft or other fraudulent activity.