Magic Mann

Terms and Conditions

TERMS AND CONDITIONS

Last Updated December 27, 2020

  1. GENERAL STATEMENT ON ACCEPTANCE OF TERMS 

These Terms of Use (hereinafter, the “Terms”) are a legally binding agreement made between you, or (if applicable) the corporate entity you represent (“you” or “your”) and BTV Local 420 LLC., and its subsidiaries, operating as Magic Mann LLC (d/b/a Magic Mann) and its applicable affiliate that owns or operates the applicable websites or provides the applicable services that you may be accessing or using (“Company“, “we”, “us”, or “our”) (each, individually, a “Party” and collectively, the “Parties”).

Your acceptance of the Terms is an express condition of, and governs your access to and use of the Company’s (a) websites, portals, mobile applications, channels, and software, including but not limited to www.magicmann.com, social media pages and channels (collectively, the “Sites”); (b) any services, features, media, functions, content, tools, and links contained or offered in the Sites (collectively, the “Services”); and (c) if applicable, mobile applications (“Apps”). You agree that by accessing the Sites, you have read, understood, and agreed to be bound by these Terms.  If you do not accept and agree to these Terms, you may not use the Sites or Services, you may not create an account or user profile, if applicable, and must discontinue use immediately.

Additionally, by accessing the Sites and Services, you unconditionally and irrevocably accept the following Terms, and agree to review and be bound our Subscription Terms and Conditions and Privacy Policy (which may be updated without notice to you from time to time), and Services provided by the Company via the Sites including, without limitation, the Company’ monthly product subscriptions and gift services (collectively, the “Subscriptions”)

Certain areas of the Sites and Services (and your access to or use therein) may have differing supplemental terms, conditions, policies, rules, guidance, and documents that may be posted on the Sites and Services from time to time, which govern your access to and use of the Sites and Services and are hereby expressly incorporated herein by reference. (as applicable, the “Additional Terms”).  We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Sites and Services after the date such revised Terms are posted. To the extent there is a conflict between these Terms and any Additional Terms for the Sites or Services, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to the Sites or Services.

The information provided on the Sites and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. PRIVACY POLICY

We care about data privacy and security. By accessing or using the Sites or Services, you agree to review and be bound by our Privacy Policy, found at https://www.magicmann.com/privacy-policy/ (which may be updated from time to time) governing our collection and use of your personal information, which is incorporated into these Terms. Please be advised the Sites and Service are hosted in the United States. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please make sure that you review our Privacy Policy. You understand that through your access or use of the Sites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing and use by us.

If you access the Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisites and verifiable parental consent, we will delete that information from the Sites and Services as quickly as is reasonably practical.

  1. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify or otherwise alter these Terms, the Additional Terms or our Privacy Policy at any time or for any reason at our sole discretion with or without notice. However, we have no obligation to update any information on our Sites and Services. We also reserve the right to modify or discontinue all or part of the Sites and Services with or without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites and Services.

We cannot guarantee the Sites and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites and Services at any time or for any reason with or without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites and Services during any downtime or discontinuance of the Sites and Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Sites and Services or to supply any corrections, updates, or releases in connection therewith.

When we make material changes to these Terms and choose to notify you, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending you an SMS communication to the SMS number you most recently provided to us and consented to us sending you communications, (iii) sending a push notification or in-app notification, (iv) by prominently posting a notice of the changes on the Websites, or (v) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Sites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  1. ELIGIBILITY

In order to access or use some of the Sites and Services, you must first register and create an individual profile for yourself or a business for the Sites or Services (each a “User Profile”).

The Sites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, as applicable, who can willingly and knowingly enter into legally binding contracts under applicable law. The Company will not collect personal information from any person that is actually known to be a child under the age of 18. If the Company is alerted that a user is under the age of 18, the Company will take steps to remove the users content and account and terminate and block his or her access to the Sites and Services. You may be asked to verify that you are over the applicable age limit during your use of the Sites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Sites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.

If you are using the Sites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify the Company and its affiliates, officers, members, managers, agents, and employees from any claim, suit or action arising from or related to the use of the Sites or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

By accessing or using the Sites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by email, SMS text, in-app push notices, or by posting notices and messages on the Sites or through any of the Services. By accessing or using the Sites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. INTELLECTUAL PROPERTY RIGHTS

As between you and the Company, you own your own user content. Unless otherwise indicated, we own the Sites and Services content, including but not limited to all source code, visual interfaces, interactive features, compilations, databases, functionality, software, data, websites designs, aggregate user review ratings audio, video, text, photographs, graphics and all other elements and components on the Sites and Services but excluding user content and third-party material (collectively, the “Company Content”). We also own or control the patents, patent application, copyrights, trademarks, trade names, trade secrets, service marks, logos and other intellectual and proprietary rights throughout the world contained therein (the “IP Rights”). Our IP Rights are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the IP Rights are provided on the Sites and Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and Services and no Company Content or IP Rights may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Sites and Services and the Company Content are retained by us.

Provided that you are eligible to use the Sites and Services, you are granted a limited license to access and use the Sites and Services and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and Services s, the Company Content and the IP Rights.

  1. COPYRIGHT INFRINGEMENT 

It is the Company’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office websites, the Company will respond appropriately to claims and reports of copyright infringement taking place on or through the Sites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Sites and Services by completing the following DMCA Notice of Alleged Infringement and delivering it to the Company in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, the Company will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Sites and Services.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (i.e. the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Sites or Services where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law.”
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all above items completed, to the Company:
    Attn: Legal Department
    21 Essex Way, Suite 216
    United States of America
    Essex Junction, VT 05452

info@magicmann.com

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.

  1. LIMITED LICENSE

Subject to your compliance with these Terms, any Additional Terms, and the Privacy Policy, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Sites and Services. This license does not include (i) any resale or commercial use of the Sites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or descriptions, prices, or any other Company Content; (iii) any derivative use of any of the Sites or Services or Company Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms, any Additional Terms, or the Privacy Policy are reserved and retained by the Company. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks or other IP Rights without the express written consent of the Company. The licenses granted by the Company shall immediately terminate should you fail to comply with these Terms, any Additional Terms, or the Privacy Policy.

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