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Terms of Service
Effective Date: January 24, 2023
Please read the Terms of Service carefully before you start to use or access our Services. This agreement is an electronic contract that sets out legally binding terms. You must accept the Terms to use the Services. By using our Services, you accept and agree to be bound and abide by these Terms.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR WEBSITE OR OUR SERVICES.
The Services are intended for users 18 and older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old, or the age of majority in your jurisdiction, and that you possess the legal right and ability to enter into this Terms of Service and are not barred from using the Services under applicable law.
CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Services. All changes are effective immediately when we post them. MagikFlame may provide reasonable notice of any material changes, determined at our sole discretion, by e-mailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.
You are responsible for maintaining the security and confidentiality of your Account information, including your credentials. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that MagikFlame is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.
Once you have registered an Account, you may be able to provide public feedback, chat with us using the chat widget on our website, call our technical support line, send text (SMS) messages to us, e-mail us, interact with us on social media, marketplace, and third-party platforms, and otherwise post content (“User Content”) on MagikFlame. Please ensure your conduct and communications, including your User Content, is accurate and respectful of others. User Content may be visible to all users on MagikFlame as well as members of the public.
By providing any User Content on MagikFlame, you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that MagikFlame can prevent the use of your User Content outside of the Service, you authorize MagikFlame to act on your behalf with respect to infringing uses of your User Content taken from the Service by other users or third parties. In consideration for MagikFlame allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to MagikFlame regarding our Services, you agree that MagikFlame may use and share such feedback for any purpose without compensating you. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
To ensure a safe and healthy environment, we have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for MagikFlame.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms of Service.
Because we cannot control what users may post, we are not responsible or liable to you or any third party for any User Content posted by you or any users on the Service. User Content is the sole responsibility of the user who posts it and MagikFlame cannot guarantee that all User Content will comply with these Terms, or that User Content will accurately reflect MagikFlame or our Services. Please let us know of any violations of our Content Standards or these Terms by contacting us at: [email protected]
You may use our App and Services only for lawful purposes and in accordance with these Terms of Service. You agree NOT to use the Services:
- In any way that violates these Terms.
- In a way that is inconsistent with the intended use of the Services.
- In a way that may harm the reputation of MagikFlame or its affiliates.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal, proprietary, or private information without his or her permission;
- To solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate MagikFlame, a MagikFlame employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm MagikFlame or users of the Services, or expose them to liability.
Additionally, you agree not to:
- To upload or distribute the MagikFlame instruction manuals. The manual is not for public consumption, and is intended to be used only by individual customers that own a MagikFlame product.
- To advertise, copy or promote MagikFlame offers, promotions or other incentives without written authorization from MagikFlame.
- Engage in commercial use or access the Service for a competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Encourage, promote, or agree to engage in any activity that violates these Terms.
- “Frame” or “mirror” any part of the Service or the App.
- Use another user’s Account.
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use or develop any third-party applications that interact with our Services or User Content information without our written consent.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including data mining, monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Using the Service in order to damage MagikFlame, or any related websites, affiliates, or subsidiaries.
- Using the Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
- Probe, scan or test the vulnerability of our Services or any system or network.
- Otherwise attempt to interfere with the proper working of the Services.
TERMS OF SERVICE VIOLATIONS AND TERMINATION
Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of MagikFlame’s intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind.
PAYMENT METHODS AND BILLING
We offer our Services for a fee. If you choose to register Account to purchase and access these features, we will collect payment information, such as credit card, billing address and other financial account information. In order to use these features, users must provide account information for at least one valid Payment Method, such as your credit card information. For more information on how your personal information is used.
You hereby authorize MagikFlame as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card (or any other Payment Method) for applicable fees, including taxes and service charges, and any other amounts owed under the Terms of Service.
You hereby acknowledge that payment is due in full, including applicable taxes and services fees, at the time you place your MagikFlame order regardless of product availability. This means that your credit card will be charged for the full price of the product(s) you have ordered, whether or not the product(s) is described on the website as “in-stock”, “out-of-stock”, or “back-ordered”. If you are ordering an “out-of-stock/back-ordered” item, payment prioritizes your place in line when products come “in-stock”. Only “paying” customers will be placed in line for “out-of-stock/back-ordered” items.
By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that:
(a) You are legally authorized to provide such information.
(b) You are legally authorized to make payments using the Payment Method(s);
(c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on MagikFlame; and
(d) such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, MagikFlame is not liable to any user if MagikFlame does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. MagikFlame will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.
INTELLECTUAL PROPERTY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to the Website, App, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the MagikFlame, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
MagikFlame hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Services and download the App on a mobile device for your personal, non-commercial use, as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.
The MagikFlame name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of MagikFlame or its affiliates or licensors. You must not use such marks without the prior written permission of MagikFlame. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
If you believe the material contained within the Services violates your intellectual property rights or these Terms of Service, please contact MagikFlame at: [email protected].
DIGITAL MILLENNIUM COPYRIGHT ACT
MagikFlame respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement under the Digital Millennium Copyright Act (the “Act”), please email us at [email protected] In your message, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the App and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please review our Privacy Notice, which explains our practices and also governs your use of MagikFlame Services. Our Privacy Notice is available here.
RISK OF LOSS, RETURNS/REFUNDS
The risk of loss and title for items purchased by you from MagikFlame pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center.
You must send defective parts or products (as diagnosed and determined defective by the MagikFlame Technical Team) to MagikFlame before a replacement part or return will be issued. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you. For more information about refunds and returns, please see our Shipping & Return Policy.
PRODUCT DESCRIPTIONS AND TYPOGRAPHICAL ERRORS
We attempt to be as accurate as possible. However, MagikFlame does not warrant that product descriptions, product images or other content of the Services is 100% accurate, complete, reliable, current, or error-free. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size to show the entire item.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers or from MagikFlame’s marketing or advertising team), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. In the event of such a cancellation, it may take up to 30 business days to see a credit on your credit card statement.
COUPONS & PROMOTIONAL CODES
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Lost coupons and promotional codes cannot be replaced. Coupons and promotional codes must be provided at time of redemption through the Website or by phone call to a MagikFlame operator. You may not use coupons or promotional codes toward the purchase of refurbished products, shipping & handling or sales tax. Unless otherwise permitted by the terms of our promotional offers, a limit of one coupon or promotional code per purchase applies.
Coupon and promotional code offers are valid only in the United States, excluding territories; and void where prohibited, taxed or restricted by law. Coupon and promotional code programs may be terminated or modified by MagikFlame at any time in its sole discretion.
THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS
The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.
- THE SERVICES, INCLUDING ANY PRODUCTS PROVIDED BY OR PURCHASED FROM MAGIKFLAME, ARE FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND THAT MAGIKFLAME DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. MAGIKFLAME IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ANY PRODUCTS PROVIDED BY OR PURCHASED FROM MAGIKFLAME; ANY CONTENT, INCLUDING MAGIKFLAME CONTENT AND USER CONTENT, POSTED ON THE SERVICE OR TRANSMITTED TO USERS; OR ANY INTERACTION OR CONTACT BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
- WE PROVIDE THE SERVICES, INCLUDING ANY PRODUCTS PROVIDED BY OR PURCHASED FROM MAGIKFLAME, “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE APP, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.FROM TIME TO TIME, MAGIKFLAME MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. MAGIKFLAME DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL MAGIKFLAME OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON MAGIKFLAME CONTENT OR OTHER CONTENT POSTED ON THE SERVICE.
THE LIMITATION OF LIABILITY
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING THE MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, IN NO EVENT WILL MAGIKFLAME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES . OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAGIKFLAME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- MAGIKFLAME SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO MAGIKFLAME, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE.
- THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
You agree to indemnify and hold MagikFlame, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity or (iv) your User Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless MagikFlame and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of Tennessee.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without MagikFlame’s prior written consent in the form of a written instrument signed by a duly authorized representative of MagikFlame. MagikFlame may freely assign this Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
WAIVER AND SEVERABILITY
No waiver by MagikFlame of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MagikFlame to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.
CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from MagikFlame or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
MagikFlame is committed to providing a positive experience to all our customers and stakeholders. We view accessibility as an ongoing effort and are continually working to make all areas of our Website accessible to everyone, consistent with the applicable law. If you have trouble accessing any of the information on this website, please call us +1 866-742-9513 or email us at [email protected] We are happy to provide the information, item, or transaction you require through a communication method that is accessible for you.
LITIGATION AND ARBITRATION
- Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard.
- You and MagikFlame agree that any disputes arising out of or related to the Service, these Terms and/or any policies or practices of MagikFlame (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. Notwithstanding the above, MagikFlame is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage You to contact us at [email protected] before resorting to arbitration.
- YOU AND MAGIKFLAME ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor MagikFlame agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- You agree that MagikFlame may bring actions on its Users’ behalf, including you, where its rights may be implicated.
- If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MagikFlame (except for small-claims court actions) may be commenced only in the federal or state courts located in Tennessee. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
- Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
- This Agreement, and any Dispute between You and MagikFlame shall be governed by the laws of the state of Tennessee without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- If You access the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Service. Regardless of whether You access or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
- You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this Section by emailing [email protected] In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.
- This section providing for arbitration of claims does not apply to Commercial Use and competitor violations as described above.
- Any claim under this Agreement, whether arbitrated or not, are governed by Tennessee and may be brought only in the state or federal courts in Tennessee.
- Notwithstanding the foregoing, either you or MagikFlame may bring an individual action in small claims court.
- Subject to the foregoing, the Website and Services are controlled and operated by MagikFlame from the State of Tennessee, United States, and is not intended to subject MagikFlame to the laws or jurisdiction of any state, country or territory other than that of Tennessee, United States. MagikFlame does not represent or warrant that the Services, Website, or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
This Terms of Service, constitute the sole and entire agreement between you and MagikFlame and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
For questions or concerns related to these Terms, please contact us at: [email protected]