TERM AND CONDITIONS
23 November 2020
3 Magic Consulting is owned and operated in the United Kingdom by 3 Magic Consulting, a sole provider.
The term “Account” refers to a basic 3 Magic Consulting account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND 3 MAGIC CONSULTING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
3 Magic Consulting is not available to persons under the age of majority in their place of residence or to any Users whose access to 3 Magic Consulting was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING 3 MAGIC CONSULTING, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as 3 Magic Consulting is not intended for children under 13.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using 3 Magic Consulting, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
3 Magic Consulting offers access to premium and exclusive content by means of a Subscription. A Subscription entitles You to access an unlimited number of “one page magics and other documents depending on subscription level, during the subscription period. 3 Magic Publications are not included as part of the paid subscription and are sold separately with a 10% discount to registered users. Your access to the applicable content and related purchase transaction are subject to the Subscriber Agreement.
5. Modification of these Terms and Services.
3 Magic Consulting reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including the Subscriber Agreement, , the Prohibited Activity and Content Notice, and Membership Terms and Conditions at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of 3 Magic Consulting after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Digital Millennium Copyright Act.
3 Magic Consulting respects copyright law and expects its users to do the same. It is 3 Magic Consulting’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
7. Magic Consulting License Grant.
7.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, 3 Magic Consulting hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as 3 Magic Consulting may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include Subscription Content (as defined in the Subscriber Agreement). Please see the Subscriber Agreement for applicable terms.
7.3 Reservation of Rights.
3 Magic Consulting reserves all rights not expressly granted in these Terms
7.4 Prevention of Unauthorised Use.
3 Magic Consulting reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorised or prohibited uses.
8. Content Disclaimer.
You understand that when using 3 Magic Consulting, you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 3 Magic Consulting with respect there to content. 3 Magic Consulting does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, 3 Magic Consulting may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. 3 Magic Consulting does not permit copyright infringing activities.
BY USING 3 MAGIC CONSULTING YOU AGREE NOT TO:
9.1 use 3 Magic Consulting for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access 3 Magic Consulting as such Services are offered by 3 Magic Consulting (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
9.4 post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via 3 Magic Consulting, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights notices on 3 Magic Consulting or associated with any content available via 3 Magic Consulting;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of 3 Magic Consulting. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 use 3 Magic Consulting for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 defame, harass, abuse, threaten or defraud Users of 3 Magic Consulting, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use 3 Magic Consulting if You are under the age of thirteen (13) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through 3 Magic Consulting, or features that enforce limitations on the use of 3 Magic Consulting or any content available via 3 Magic Consulting;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover 3 Magic Consulting’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 modify, adapt, translate or create derivative works based upon 3 Magic Consulting or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 intentionally interfere with or damage the operation of 3 Magic Consulting or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 use any robot, spider, scraper, or other automated means to access 3 Magic Consulting for any purpose or bypass any measures 3 Magic Consulting may use to prevent or restrict access;
9.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through 3 Magic Consulting;
9.17 interfere with or disrupt servers or networks related to the operation 3 Magic Consulting, or disobey any requirements, procedures, policies or regulations of networks connected to 3 Magic Consulting; or
9.18 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimisation, or other content that in 3 Magic Consulting’s sole opinion detracts from the 3 Magic Consulting experience.
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify 3 Magic Consulting by emailing Support at 3 Magic Consulting
11. Third-Party Sites, Products and Services; Links.
3 Magic Consulting may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by 3 Magic Consulting, 3 Magic Consulting does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through 3 Magic Consulting are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12.1 3 Magic Consulting.
You agree that 3 Magic Consulting, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with 3 Magic Consulting or Your use of 3 Magic Consulting and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. 3 Magic Consulting may also in its sole discretion and at any time discontinue providing access to 3 Magic Consulting, or any part thereof, with or without notice. You agree that any termination of Your access to 3 Magic Consulting or any Account You may have or portion thereof may be effected without prior notice, and You agree that 3 Magic Consulting will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 3 Magic Consulting may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Subscription Membership, please see the Subscriber Agreement for additional terms applicable to the cancellation of Your Account.
Your only remedy with respect to any dissatisfaction with (i) 3 Magic Consulting, (ii) any term of these Terms, (iii) any policy or practice of 3 Magic Consulting, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using 3 Magic Consulting. You may cancel Your Account at any time through the account setting panel after You have logged into the Site, or by sending an email Support at 3 Magic Consulting requesting a cancellation of your Account. You may terminate these Terms at any time by cancelling Your Account and discontinuing use of 3 Magic Consulting.
12.3 Effect of Cancellation or Termination.
Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the Site and Apps provided by 3 Magic Consulting (the “Materials”) are protected by United kingdon copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. 3 Magic Consulting acknowledges that You retain ownership of any Descriptive Information You may post on 3 Magic Consulting, subject however to Your grant to 3 Magic Consulting of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of 3 Magic Consulting. All Materials contained on 3 Magic Consulting are the property of 3 Magic Consulting or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to 3 Magic Consulting or its affiliates and/or third-party licensors. Except as expressly authorized by 3 Magic Consulting, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. 3 Magic Consulting reserves all rights not expressly granted in these Terms
You agree to indemnify, save, and hold 3 Magic Consulting, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of 3 Magic Consulting, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. 3 Magic Consulting reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify 3 Magic Consulting, and You agree to cooperate with 3 Magic Consulting’s defence of these claims. 3 Magic Consulting will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3 MAGIC CONSULTING, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3 MAGIC CONSULTING OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM 3 MAGIC CONSULTING INCLUDES 3 MAGIC CONSULTING’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16. Limitation of Liability and Damages.
16.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 3 MAGIC CONSULTING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON 3 MAGIC CONSULTING OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH 3 MAGIC CONSULTING, EVEN IF 3 MAGIC CONSULTING OR A 3 MAGIC CONSULTING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF 3 MAGIC CONSULTING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF 3 MAGIC CONSULTING OR YOUR INTERACTION WITH OTHER 3 MAGIC CONSULTING USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING 3 MAGIC CONSULTING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN 3 MAGIC CONSULTING AND RECEIVED THROUGH OR ADVERTISED ON 3 MAGIC CONSULTING OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT 3 MAGIC CONSULTING HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 3 MAGIC CONSULTING, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 3 MAGIC CONSULTING. 3 MAGIC CONSULTING WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. Dispute Resolution.
17.1 Governing Law.
For customers of 3 Magic Consulting, Inc., these Terms will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
17.2 Agreement to Arbitrate.
You and 3 Magic Consulting agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of 3 Magic Consulting or content available on 3 Magic Consulting (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide 3 Magic Consulting with written notice of Your desire to do so by email email@example.com within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You don’t provide 3 Magic Consulting with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
3 Magic Consulting may provide You with notices, including those regarding changes to 3 Magic Consulting’s terms and conditions, by email, regular mail, or postings on a 3 Magic Consulting-affiliated website. Notice will be deemed given twenty-four hours after email is sent, unless 3 Magic Consulting is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on 3 Magic Consulting is deemed given ten days following the initial posting.
The failure of 3 Magic Consulting to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by 3 Magic Consulting.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 3 Magic Consulting without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement.
These Terms (including all Guidelines, Notices, and Terms incorporated herein) and the Subscriber Agreement as applicable, are the entire agreement between You and 3 Magic Consulting relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by 3 Magic Consulting as set forth in section 5 above.
YOU AND 3 MAGIC CONSULTING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO 3 MAGIC CONSULTING MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by 3 Magic Consulting located in the United Kingdom, and email: Support at 3 Magic Consulting