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XPloreMagic Terms of Use Agreement


This Terms of Use Agreement was last updated on August 27, 2008.

This Terms of Use Agreement sets forth the standards of use of the XPloreMagic.com website (the "Website"). By using the Website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Website in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable municipal, local, provincial, state, federal, or international law or regulation.

2. XPloreMagic.com Social Network

As a service to Members, XPloreMagic.com may provide a venue for blogs, videos, pictures, comments and discussion among Members (the "XPloreMagic Community"). You understand that all messages that may appear on the Website are the sole responsibility of the person posting the message. You, and not XPloreMagic.com, are entirely responsible for all information and material that you post on the Website. XPloreMagic.com does not pre-screen the content of any messages posted on the Website and does not guarantee the accuracy, integrity or quality of anything which may appear on the Website. You understand that by using the Website, you may be exposed to content that is inaccurate, objectionable or, perhaps, worse. Under no circumstances will XPloreMagic.com be liable for any errors or omissions in any postings or for any loss or damage of any kind incurred as a result of the use of any information contained on the Website.

3. Submissions to Website

The Website may permit you and other member users to submit videos or other materials ("Member Submissions") for posting on the Website. All material that you submit for posting will be considered publicly accessible. XPloreMagic.com does not screen in advance material provided by you or other member users for posting on the Website. Such posting does not create any express or implied approval by XPloreMagic.com of such material, nor does it indicate that such material complies with the terms of this Agreement.

4. Ownership of Member Submissions

You will be solely responsible for your own Member Submissions and the consequences of posting or publishing them. You represent that you are the sole owner of all rights in the Member Submissions posted by you (including all related copyrights) or that you have the absolute right to license their use as provided herein. You will retain ownership in the copyright in the Member Submissions submitted by you, however by submitting your Member Submissions to the Website for posting you hereby grant XPloreMagic.com a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such Member Submissions, any portions of such Member Submissions, and any derivative works created from such Member Submissions, in print, electronic and other media, by any means now known or developed in the future. XPloreMagic.com may sublicense all of our rights and license or assign them to third parties. Neither XPloreMagic.com nor any third party using the Member Submissions in accordance with this Agreement will be obligated to pay you any royalties or other compensation for use of the Member Submissions.

5. Prohibited Content

Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. Prohibited Content includes but is not limited to Content that, in our sole judgment:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • includes material that is not related to magic;
  • involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
  • includes any information that (i) you know is false or misleading, (ii) promotes illegal activities or conduct that is abusive or (iii) is threatening, obscene, defamatory or libelous;
  • constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (i) pirated computer programs or links to them, (ii) information which circumvents manufacturer-installed copy-protect devices, (iii) pirated music, images or video or links to pirated music, image or video files or (iv) Content which otherwise violates the terms of Section 6 below;
  • displays pornographic or sexually explicit material of any kind;
  • includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
  • solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
  • constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising, excluding any Content posted by a Member Entity on its registered Fan Profile; or
  • solicits people you do not know to add you or accept you as a friend on the Service, excluding any Content posted by a Member Entity on its registered Fan Profile.


6. Copyright Protection Policy

You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement,

7. Monitoring of Member Submissions

XPloreMagic.com will have the right, but not the obligation, to monitor the contents of all Member Submissions. XPloreMagic.com will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, XPloreMagic.com shall have the right to remove any material that XPloreMagic.com, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable. The decision by XPloreMagic.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of XPloreMagic.com in connection with or arising from the Member Submissions or the use of the XPloreMagic Social Network.

8. Indemnification

Member agrees to indemnify and hold XPloreMagic.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and disbursements, made by any third party due to or arising out of Member's use of the Website, the violation of this Agreement, or any infringement by Member, or other user of the Website using Member's account, of any intellectual property or any other rights of any person or entity.

9. Disclaimer of Warranties

Your use of the XPloreMagic.com Website is at your sole risk. XPloreMagic.com is not responsible for the accuracy, usefulness, safety or intellectual property rights relating to any Member Submissions. The Website is provided by XPloreMagic.com on an "as is" and on an "as available" basis. XPloreMagic.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. XPloreMagic.com shall have no liability for any interruptions in the availability of the Website. XPloreMagic.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, and in such jurisdictions the above-referenced exclusion shall be inapplicable.

10. Limitation of Liability

XPLOREMAGIC.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR XPLOREMAGIC.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF XPLOREMAGIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE IN SUCH JURISDICTIONS SOME OF THE ABOVE LIMITATIONS SHALL BE INAPPLICABLE.

11. Modifications and Interruption to Service

XPloreMagic.com reserves the right to modify or discontinue the Website, or any part of the Website, with or without notice to the Member. XPloreMagic.com shall not be liable to Member or any third party should XPloreMagic.com exercise its right to modify or discontinue the Website or any part of the Website. Member acknowledges and accepts that XPloreMagic.com does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

12. Third-Party Sites

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that XPloreMagic.com is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and XPloreMagic.com is not responsible therein. We encourage all Members to review the terms of use and privacy policies of third-parties' sites.

13. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the vendors of such products ("Vendors") or collected from publicly available sources. While XPloreMagic.com makes every effort to ensure that the information on this Website is accurate, XPloreMagic.com makes no representations or warranties as to the accuracy or reliability of any information provided on the Website. In addition, XPloreMagic.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

14. Privacy

XPloreMagic.com takes the protection of our users' privacy seriously. Our Privacy Policy is available at http://www.xploremagic.com/Privacy-Policy.html and is incorporated by reference herein.

15. Copyright and Trademark Information

Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of XPloreMagic.com.

16. Termination

Either Member or XPloreMagic.com may terminate this Agreement at any time. Without limiting the foregoing, XPloreMagic.com shall have the right to terminate this Agreement and/or your use of the Website, in whole or in part, immediately in the event of any conduct by you that XPloreMagic.com, in its sole discretion, determines is unacceptable or in case you breach any term or condition of this Agreement.

17. Copyright Infringement Claims

XPloreMagic.com respects the intellectual property of others, but does not independently confirm that Member Submissions or other material made available on the Website is provided by a valid rights holder. In the event that XPloreMagic.com becomes aware that any Member Submission or other material posted on or through the Website has been provided by a person who is not a valid rights holder, XPloreMagic.com may, if in its sole discretion it deems appropriate, remove such Member Submission or other material from the Website. If you believe that your work has been copied or posted on the Website in a manner that constitutes copyright infringement, please contact our Chief Privacy Officer and provide us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


18. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by XPloreMagic.com, in our sole discretion, to a third party in the event of a merger or acquisition. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

19. Entire Agreement

You agree that these terms and conditions referred to in this Agreement constitute the entire agreement between you and XPloreMagic.com pertaining to the subject matter of these terms and conditions, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and XPloreMagic.com. In the event of a conflict between these terms and conditions of sale and any other documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.