MagicTalent.com User Agreement
MagicTalent.com (hereinafter the “Site”) is an online information service provided by MagicTalent.com,LLC,a Kansas limited liability company. Utilization and access to this Site is subject to your full compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Site. By accessing and using the Site you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. MagicTalent.com may modify this Agreement at any time and such modification shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.
I. Copyright and Licenses
The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are MagicTalent.com, LLC. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any manner the material on the Site, including text, graphics, code,and/or software. You may print and download portions of materials from different areas of the Site solely for your own non-commercial use, provided that, you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MagicTalent.com, LLC a non exclusive, royalty–free, worldwide, perpetual license, and the right to reproduce, distribute and publicly display any and all materials and other information submitted by you for publication by MagicTalent.com, LLC. You also grant to MagicTalent.com the right to use your name in connection with the submitted materials and other information, as well as in connection with all advertising, marketing, and promotional materials related thereto. You agree that you have no recourse against MagicTalent.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MagicTalent.com.
MagicTalent.com or any other names utilized in its publications, products, contents or services on the Site are the exclusive trademarks or servicemarks of MagicTalent.com, LLC. Other products and company names mentioned in the Site may be trademarks of their respective owners.
III. Use of Site
You understand, except for information, products or services clearly identified as being supplied by MagicTalent.com, MagicTalent.com, LLC does not operate, control or endorse any information, products, or services on the internet in any way. All information pertaining to magicians and their services are offered through this Site by the magicians and/or their agents who are not affiliated with MagicTalent.com, LLC. You also understand that MagicTalent.com does not guarantee or warrant the information and/or services of magicians that appear on this Site as that is the province of the magician and/or the magician’s agent. MagicTalent.com, LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infections or viruses, worms, Trogon horses or other codes that manifest, contaminating or destructive properties. You are responsible for implementing sufficient procedures and check points to satisfy your particular requirements for accuracy of data input and output and for maintaining the means external to this Site for reconstruction of any lost data.
IV. Assumption of Risk
You assume the total responsibility and risk for use of the Site and the information provided is “as is.” MagicTalent.com, LLC does not make any express or implied warranties, representations or endorsements whatsoever with regard to the services offered by magicians who display their contact and related information on this Site. MagicTalent.com shall not be liable for costs or damages arising either directly or indirectly from any transaction entered into by you and a magician whose information and/or services are displayed on the Site. It is solely your responsibility to evaluate the services of the magician and to engage the magician without the involvement of MagicTalent.com, LLC.
V. Limitation of Liability
In no event will MagicTalent.com, LLC be liable for (i) any incidental, consequential or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use or inability to use the Site or the services displayed on the Site; and (ii) any claim attributable to errors, omissions or other inaccuracies in the service and/or materials and information of magicians contained on the Site.
You agree to indemnify, defend and hold harmless MagicTalent.com, LLC, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
VII. Third Party Rights
The provisions of VI on indemnification are for the benefit of MagicTalent.com, LLC, its members, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
This Agreement may be terminated by either party without notice at anytime for any reasons. The provisions provided in paragraph I (Copyright and Licenses), III (Use of Site); VI (Indemnification); and VII (Third Party Rights) shall survive any termination of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of Kansas. You agree that any legal action or proceeding between MagicTalent.com, LLC and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in the federal or state court in Wichita, Sedgwick County, Kansas. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MagicTalent.com, LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MagicTalent.com,LLC may assign its rights and duties under this Agreement to any party,at any time,without notice to you. Any rights not expressly granted herein are reserved.