Privacy and Terms of Use

Privacy Policy

The Magic Of Magic and its affiliates ( “we,” “our” or “us) are committed to protecting your privacy. This Privacy Policy discloses our data collection and usage for the themagicofmagic.com website (the “Website”). You acknowledge that this policy is part of the Website terms of use, and by accessing or using the Website, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, YOU MAY NOT ACCESS OR use ANY PART OF this Website.

Personally Identifiable Information

We collect personally identifiable information that you choose to provide. While it is not necessary to provide any personally identifiable information to browse many parts of the Website, you may need to apply for and be granted a user account with a unique username and password to access or use certain features of the Website, which we may collect and use in connection with a variety of technologies and other usage related information as you interact with the Website. If you choose to receive e-mail from The Magic Of Magic, we may use unique identifiers in our e-mail messages.

If you purchase a product or service from us, we may request certain additional personally identifiable information from you to complete your order. You must provide contact information (such as name, email and shipping address) and financial information (such as a credit card number and expiration date). We will use this information for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you.

From time to time, portions of the Website may allow you to submit documents, materials, stories, information, feedback, data, questions, comments, suggestions, ideas, reviews, photographs, video and other user-submitted content (collectively, ‘User Submissions’). In the event you choose to post any User Submissions, their content may become generally available to the public, and may be read, and collected by other users of the Website. User Submissions also may be used by third parties to send you unsolicited communications, and you agree that we are not responsible for any third party use of any information you submit. By posting, you grant The Magic Of Magic the right to use User Submissions in any way.

Usage Related Information

When you use the Website, our servers automatically receive and record certain information regarding your use, including the browser you use, your IP address and other device-related information, the pages you view, operating systems, referring and destination pages, and other similar information. The Website also may use cookies, which are is a small file containing a string of characters that stores user preferences and tracks user trends. The Website may present links in a format that enables us to keep track of whether these links have been followed. We use usage-related information to help administer the Website, analyze user information, track users’ movement through the Website, and otherwise gather information to improve the Website and our products and services. If usage related information is associated with personally identifiable information, we will treat it as personally identifiable information under this policy.

Disclosure and Use

The Magic Of Magic is the sole owner of the information we collect, and we may share the information we collect: (1) to provide you with information, services or products; (2) to enable you to participate in a variety of features and services of the Website; (3) to process and maintain your account; (4) to improve the Website, our services and products; (5) to contact you; (6) for internal business purposes; (7) for purposes disclosed at the time you provide your information; and (8) as otherwise allowed by law. We may disclose collected information to any parent, subsidiary or affiliated company and upon a transfer or sale of all or substantially all of The Magic Of Magic’s assets or stock. We also may share collected information with third parties who provide certain services on its behalf, including but not limited to website hosting, database administration, payment processing, event management, mailing and marketing services, transaction processing, statistical analysis and technical support. We will not sell, give or lend the information we collect to marketing agencies for the purpose of selling services other than services provided by The Magic Of Magic. We also may disclose or use your information if we believe, in good faith, that disclosure or use is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request, to detect fraud, security or technical issues, to protect against imminent harm to the rights, property or safety of The Magic Of Magic, users of the Website or the general public, or as otherwise required or permitted by law.

Security

We use commercially-reasonable measures to protect against unauthorized access to or use of the information we collect. Where appropriate, those measures include the use of firewalls, restricted access, and encrypted transmissions and limiting internal access to only those in our organization who have a business need to access such information. However, no method of transmission over the Internet, and no method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We are not responsible for unauthorized access to information by hackers or others who have obtained access through illegal or unauthorized means, and you agree that you use of the Website is at your own risk.

Other Websites

We may include links to external sites on the Website from time to time. The inclusion of any link does not imply our endorsement of such any external website or the products or services it may offer. If you follow a link to a third party site from the Website, any information you reveal on that site is not subject to this privacy policy, so you should consult the privacy policies of each site you visit.

Information from Children

The Website is directed at general audiences, and we do not knowingly collect any personally identifiable information from children younger than the age of thirteen. We will delete any personally identifiable information collected that we later determine to be from a user younger than the age of thirteen.

Note to International Users

The Website is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Website from Canada, the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United Sates’ laws, please be advised that through your continued use of the Website, which is governed by United States law, this privacy notice and our terms of use, you are transferring your personal information the United States and you consent to that transfer, storage and use in accordance with this policy.

Retention

The Magic Of Magic reserves the right to retain the information it collects for as long as necessary to permit it to use such information for the purposes that it has communicated to you and to comply with applicable law or regulations.

Questions?

If you have any questions about our privacy policy, please feel free to contact us at http://www.themagicofmagic, by phone at 440-523-9233, or by writing to us at P O Box 391465, Solon, Ohio 44139.

Updates

This privacy policy was last revised on August 1, 2011_. The Magic Of Magic reserves the right to change this policy may at any time by updating this posting. You are and will be bound by such revisions and should therefore periodically visit this page to review the then-current policy.

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. THY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE.

Welcome to themagicofmagic.com (the “Website”). The Magic Of Magic, or its affiliates (“we,” “our” or “us”) maintains and provides access to the Website subject to these terms of use. These terms of use, together with our other policies, such as our privacy policy, posted on the Website and incorporated herein constitute a legal agreement between you and The Magic Of Magic. By accessing or using any part of this Website, you acknowledge that you have read and accept these terms of use. If you do not accept these terms of use, you may not access or use any part of this Website.

Website Access and License

Subject to your compliance with these terms of use, The Magic Of Magic grants you a limited, non-exclusive right and license to access the Website and its Content (as defined below) for your own personal, private, non-commercial use. You are solely responsible for your access to and use of the Website. You may not download or modify the Website or any portion of it except as intended for use with the Website, use the Website or any portion of it for any illegal or unauthorized purpose or in a manner that violates any laws in your jurisdiction, or create or modify another website so as to falsely imply that it is associated with this Website.

This license does not permit any resale or commercial use of the Website its Content, any derivative use of the Website or its Content, or any use of data mining, robots, or other data gathering or extraction tools. The Website and its Content may not be distributed, reproduced, republished, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Magic Of Magic. You may not frame, use deep-linking or similar techniques to enclose or associate any trademark, logo or other proprietary information or content (including images, text, page layout or form) without our written consent. You may not use any meta tag or other “hidden text” using The Magic Of Magic’s name or trademarks without our written consent. Any unauthorized use shall immediately terminate the license granted herein without notice.

Account Registration

You may need to apply for and be granted a user account with a unique username and password to access or use certain features of the Website. You must provide accurate and complete information when applying for your account. If you register to use the Website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer and you agree to accept full responsibility for all activities that occur using your account. You may not transfer or otherwise allow others to access or use the Website using your account, and you must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses that may be caused by any unauthorized use of your account, you may be liable for the losses of The Magic Of Magic or others due to such unauthorized access or use.

By registering for an account, you consent to receive communications from The Magic Of Magic, and The Magic Of Magic may communicate with you by email, by posting notices on this site, or by using any other contact information you may provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

You must be eighteen years or older to purchase products or services using the Website. You agree to pay for all products and services ordered through the Website using your account. All orders shall be subject to our then-current terms of sale. The Magic Of Magic reserves the right to refuse service, terminate accounts, remove or edit content, and cancel orders in its sole discretion.

User-Submitted Content

You may submit documents, materials, stories, information, feedback, data, questions, comments, suggestions, ideas, reviews, photographs, video and other user-submitted content (collectively, ‘User Submissions’) in appropriate, designated areas of the Website so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You may not use false contact information or impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions you submit. We reserve the right (but do not assume the obligation) to remove or edit such User Submissions for any reason in our sole discretion, but we do not regularly review posted content.

You shall be solely responsible for the User Submissions submitted using your account and the consequences of posting or publishing such User Submissions. By submitting User Submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; (ii) that use of your User Submissions does not violate these terms of use and will not cause injury to any person or entity; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use.

By submitting a User Submission, you hereby grant The Magic Of Magic a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in furtherance of its business.

The Magic Of Magic does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We reserve the right to decide whether a User Submission is appropriate and complies with these terms of use other than copyright infringement and violations of intellectual property law. We may remove User Submissions or terminate a user’s account for uploading such material in violation of these terms of use at any time, without prior notice and at its sole discretion.

You understand and acknowledge that, when using the Website, you may be exposed to User Submissions from a variety of sources and that the we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive any do hereby waive, any legal or equitable rights or remedies you have or may in the future have against us with respect thereto, and agree to indemnify and hold harmless The Magic Of Magic, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

No Warranties and Limitation of Liability

The Website is provided on an “as is” and “as available” basis only and we make no representations or warranties of any kind, express or implied, as to the operation of the Website or the Content. Without limiting the foregoing, we DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Website, its servers, or email sent from or on its behalf are free of viruses or other harmful components. While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no representations or warranties as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Content, and we reserve the right to change, correct or update the Website and its Content at any time in its sole discretion.

The Magic Of Magic shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not it was advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from your use of or inability to use the Website, any Content, or any products advertised, promoted, reviewed, or otherwise mentioned or identified on the Website.

You agree to indemnify, defend and hold harmless The Magic Of Magic and all of its officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related to your access to and use of the Website and any breach by you of these terms of use.

Ownership, Content, Third-Party Sites

The Website and all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content (collectively, “Content”) are owned and copyrighted or trademarked by The Magic Of Magic or licensed to us, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. The Magic Of Magic’s trademarks and trade dress may not be used without our express written consent and may not be used in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Magic Of Magic.

You should not send confidential or protected information or creative materials to The Magic Of Magic that you do not want to become the exclusive property of The Magic Of Magic. Unless otherwise agreed by The Magic Of Magic in writing, any communication or material you transmit to The Magic Of Magic, including any data, questions, comments, notes, suggestions, or the like are, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit to The Magic Of Magic shall be deemed to have been assigned to us, shall remain our exclusive property, and may be used anywhere and in any medium, without compensation to you, by The Magic Of Magic or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. We shall be free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using or based on such information.

The Website may contain links to other websites operated by third parties. We make no representations or warranties regarding any websites, information or content that may be accessible through this Website that is not maintained, controlled or created by The Magic Of Magic. We do not endorse these sites and are not responsible for such websites, information and content.

Copyright Complaints

The Magic Of Magic respects copyright law and expects our readers/viewers to do the same. Unauthorized copying or distribution of content is an infringement of the copyright holder’s rights. The Magic Of Magic may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

· 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;

· 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 Magic Of Magic to locate the material.;

· Information reasonably sufficient to permit The Magic Of Magic 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; and

· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us at the following address to make a claim or if you have any questions regarding a claim:

Name The Magic Of Magic

Address P O Box 391465, Solon Ohio 44139

Phone Number 440-523-9233

E-mail Address CustomerService@TheMagicOfMagic.com

Site Policies, Modification, Other Terms

Please review our other policies. These policies also govern your visit to this Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We may at any time revise these of use by updating this posting. You are and will be bound by such revisions and should therefore periodically visit this page to review the then-current of use to which you are bound. No waiver of these of use shall be valid unless signed in writing by an authorized representative of The Magic Of Magic.

By visiting this Website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and The Magic Of Magic. Any claim, lawsuit, or other action relating to or arising out of the Website, its use or these terms of use only shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio, and you agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding.

Questions?

If you have any questions about our terms of use, please feel free to contact us at http://www.themagicofmagic, by phone at 440-523-9233, or by writing to us at PO Box 391465, Solon, Ohio 44139