TERMS
OF SERVICE (OTHERWISE KNOWN AS TOS OR
SERVICE)
Use of MagicCollege.com
constitutes acceptance of the
Terms of Service
If
you don't agree to the following then you
need to leave this website
now!
Use
of MagicCollege.com constitutes
the following:
THE LINKS, VIDEOS AND
MATERIALS ON THIS SITE ARE TRANSMITTED AND
DISTRIBUTED "AS IS" AND APPEAR ON THE SITE
WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, IMPLIED WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. TIMES
PUBLISHING, LLC MAKES NO WARRANTY AS TO THE QUALITY,
ACCURACY, COMPLETENESS AND VALIDITY OF ANY
MATERIALS ON THE SITE.
The links, videos and
materials provided in this Website are for
entertainment and promotional purposes only.
User may not rely on any information and
opinions expressed in them for any other purpose.
Neither MagicCollege.com, Times Publishing,
LLC, nor its partners, affiliates, and their
related companies are responsible or liable for
any loss damage (including, but not limited to,
actual, consequential, or punitive), liability,
claim, or other injury or cause related to or
resulting from any information, links, videos and materials
posted on MagicCollege.com.
Some
content and videos are for Mature
Audiences only. Information, articles,
Press Releases, videos, and links are
published as a convenience to our
visitors. MagicCollege.com and Times
Publishing, LLC take no responsibility
and give no guarantees, warranties or
representations, implied or otherwise,
for the content or accuracy.
LINKS
The Service may provide, or third parties may
provide, videos, and articles in
MagicCollege.com, and/or links to other World
Wide Web sites or resources. Because
MagicCollege.com and Times Publishing, LLC, has
no control over such videos, articles, sites
and resources, you acknowledge and agree that
MagicCollege.com and Times Publishing, LLC are
not responsible for the content, or
availability of such content, external sites or
resources, and does not endorse and is not
responsible or liable for any content,
advertising, products, or other materials, or
available from other such sites or resources.
You further acknowledge and agree that
MagicCollege.com and Times Publishing, LLC
shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or
alleged to be caused by or in connection with
use of or reliance on any such content, goods
or services available on or through
MagicCollege.com and Times Publishing, LLC, and
any such externally linked site or
resource.
COPYRIGHT
You acknowledge that
MagicCollege.com may contain Videos, Links,
descriptions, logos, trademarks and other
material that are protected by copyright,
trademark or other proprietary rights (the
"Intellectual Property") of third-party content
providers. You may not copy, reproduce, alter
or otherwise use the Intellectual Property
without written permission from the appropriate
third party content provider.
Copyright Infringement. If you
believe Our activities infringe on your
copyright or other intellectual property
rights, please inform us immediately. It
is our policy to cooperate with all
content providers regarding the
protection of intellectual property.
Further, it is our policy to promptly
respond to notices of alleged
infringement of copyright and other
applicable intellectual property laws,
including the removal or disabling of
access to material claimed to be the
subject of infringing activity. Pursuant
to the Digital Millennium Copyright Act
of 1998, For notice of alleged copyright
infringement please contact
timespublishing.com for immediate
resolution.
DEALINGS WITH
ADVERTISERS
Your correspondence or business
dealings with, or participation in
promotions of, advertisers found on or
through the Service, including payment
and delivery of related goods or
services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You
agree that MagicCollege.com and Times
Publishing, LLC shall not be responsible
or liable for any loss or damage of any
sort incurred as the result of any such
dealings or as the result of the presence
of such advertisers on the Service.
TERMINATION
You agree that MagicCollege.com
and Times Publishing, LLC, in its sole
discretion, may terminate your account
(or any part thereof) or use of the
Service, and remove and discard any
Content within the Service, for any
reason, including, without limitation,
for lack of use or if MagicCollege.com
and Times Publishing, LLC believes that
you have violated or acted inconsistently
with the letter or spirit of the TOS.
MagicCollege.com and Times Publishing,
LLC may also in its sole discretion and
at any time discontinue providing the
Service, or any part thereof, with or
without notice. You agree that any
termination of your access to the Service
under any provision of this TOS may be
effected without prior notice, and
acknowledge and agree that
MagicCollege.com and Times Publishing,
LLC may immediately deactivate or delete
your account and all related information
and files in your account and/or bar any
further access to such files or the
Service. Further, you agree that
MagicCollege.com and Times Publishing,
LLC shall not be liable to you or any
third-party for any termination of your
access to the Service.
PROPRIETARY
RIGHTS
You acknowledge and agree that
the Service and any necessary software
used in connection with the Service
("Software") contain proprietary and
confidential information that is
protected by applicable intellectual
property and other laws. You further
acknowledge and agree that Content
contained in sponsor advertisements or
information presented to you through the
Service or advertisers is protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws. Except as expressly authorized by
MagicCollege.com and Times Publishing,
LLC or advertisers, you agree not to
modify, rent, lease, loan, sell,
distribute or create derivative works
based on the Service or the Software, in
whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
| a. |
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. MAGICCOLLEGE.COM
AND TIMES
PUBLISHING, LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
MAGICCOLLEGE.COM
AND
TIMES
PUBLISHING, LLC MAKE NO
WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER
MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL
BE
CORRECTED. |
| c. |
ANY MATERIAL
DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU
FROM MAGICCOLLEGE.COM
AND
TIMES
PUBLISHING, LLC OR THROUGH OR
FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY
STATED IN THE
TOS. |
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT MAGICCOLLEGE.COM
AND TIMES
PUBLISHING, LLC SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF MAGICCOLLEGE.COM
AND TIMES
PUBLISHING, LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
Arbitration; location
Any dispute you may have with
MagicCollege.com,
Times
Publishing, LLC, or any of its
officers, directors, employees,
consultants, agents, subsidiaries or
affiliates relating in any way to this
agreement or your visit to or use of
MagicCollege.com or
it's Website network shall be
submitted to confidential arbitration,
except that, to the extent that we
believe that you have in any manner
violated or threatened to violate our
intellectual property rights, we may seek
injunctive or other appropriate relief in
any state or federal court in
Connecticut, and you consent to exclusive
jurisdiction and venue in any such court,
and you waive any claim of inconvenient
forum or similar claim. Arbitration under
this Agreement shall be conducted under
the rules then prevailing of the American
Arbitration Association. The arbitrator's
award shall be binding, and may be
entered as a judgment in any court of
competent jurisdiction. To the fullest
extent permitted by applicable law,
unless otherwise elected by us, no
arbitration under this agreement shall be
joined to any arbitration involving any
other party, whether through class
arbitration proceedings or
otherwise.
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