These are the terms under which you agree to use this Site
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE LOCATED AT PROMAGICSTORE.COM ON THE WORLD WIDE WEB (THE “SITE”) OF PROMAGICSTORE, AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
1) Your Acceptance
- a) By using or visiting the promagicstore website at the URL https://promagicstore.com or any other affiliated website, or any PROMAGICSTORE products, software, data feeds, and services provided to you on, from, or through the promagicstore website you signify your agreement to abide by and by bound by
- i) these terms and conditions (the “Terms of Service”) and
- ii) promagicstore’s privacy notice, found at https://promagicstore.com/privacy-policy/ and incorporated herein by reference. If you do not agree to any of these terms and the promagicstore privacy notice, please do not use the Service.
- b) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date versions of each of the afore mentioned terms, guidelines, notices, policies and any other rules or policies posted at or linked to from the promagicstore website. Promagicstore may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- a) These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, documents, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of promagicstore, including but not limited to all products, software and services offered via the promagicstore website. “Products” mean products available for sale on the Site including, but not limited to, magic or cardistry tricks. Content and Products on the Service may have been created and/or produced by third parties and all Content or Products created or produced by promagicstore will be specifically identified as such.
- b) The Service may contain links to third party websites that are not owned or controlled by promagicstore. Promagicstore has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, promagicstore will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve promagicstore from any and all liability arising from your use of any third- party website.
- d) Some Third-Party Content may consist of advertisements, promotions, offers, solicitations to purchase goods and/or services, or other commercial interactions with third parties (“Third Party Correspondence”). Unless otherwise stated, any such Third-Party Correspondence including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such Third-Party Correspondence is solely between you and the applicable third party. You acknowledge and agree that promagicstore has no liability, obligation or responsibility for any such Third-Party Correspondence.
3) Promagicstore Accounts
- a) In order to access some features of the Service, you will have to create a promagicstore and/or Artist Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You acknowledge and agree that you are solely responsible for any fees which may be incurred under your password-protected account, whether you are the individual who undertakes such activities. You must notify promagicstore immediately of any breach of security or unauthorized use of your account.
- b) Although promagicstore will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of promagicstore or others due to such unauthorized use.
- c) The Site and any content uploaded to the Site is available to be viewed by any person browsing the internet but only a person who has registered and created a promagicstore account is able to buy or sell Products, respectively.
4) General Use of the Service—Permissions and Restrictions
Promagicstore hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- a) You agree not to distribute in any medium any part of the Service or the Content without promagicstore’s prior written authorization, unless promagicstore makes available the means for such distribution through functionality offered by the Service.
- b) You agree not to alter or modify any part of the Service.
- c) You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means promagicstore may designate.
- d) You agree not to use the Service for any of the following commercial uses unless you obtain promagicstore’s prior written approval:
- i) the sale of access to the Service;
- ii) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
iii) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from promagicstore appears on the same page and is of sufficient value to be the basis for such sales.
- e) Prohibited commercial uses do not include:
- i) uploading an original video to promagicstore, or
- ii) any use that promagicstore expressly authorizes in writing.
- f) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the promagicstore servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, promagicstore grants the operators of public search engines permission to use spiders to copy materials from publicly available portions of the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Promagicstore reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- g) In your use of the Service, you will comply with all applicable laws.
- h) In your use of the Service, you will not harass the other users of the Service or send them unsolicited messages for commercial purposes.
- i) When using the Service or in your interactions with anyone in the Service, you will not use false information or present yourself as someone else.
- j) You will not transmit or spread any virus or similar destruction device while using the Services.
- k) Promagicstore reserves the right to discontinue any aspect of the Service at any time.
5) Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- a) The Content on the Service, including but not limited to documents, products, software and services, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to promagicstore, subject to copyright and other intellectual property rights under the law.
- b) Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by promagicstore on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of promagicstore or the respective licensors of the Content. Promagicstore and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- c) You may display the Content only on your personal computer, and copy and download the Content displayed on this site solely for that purpose, provided that:
- i) Both the promagicstore copyright notice (© 2017 promagicstore.com) and the permission notice, set forth in this paragraph, appear in the Content so displayed, copied or downloaded,
- ii) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media), and
iii) your use complies with any other license terms that are provided with respect to portions of the Content.
- d) All rights to Content not explicitly granted to you under these terms are reserved to promagicstore. You acknowledge and agree that you have no right to create derivative works, publicly perform, or exercise any other rights not explicitly granted to you with respect to the Content.
- e) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- f) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that promagicstore is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against promagicstore with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless promagicstore, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6) Your Content and Conduct
- a) As a promagicstore account holder you may submit Content to the Service, including videos and user comments. You understand that promagicstore does not guarantee any confidentiality with respect to any Content you submit.
- b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to promagicstore all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- c) For clarity, you retain all your ownership rights in your Content. However, by submitting Content to promagicstore, you hereby grant promagicstore a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and promagicstore’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that promagicstore may retain, but not display, distribute, or perform, server copies of your videos or other Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- d) You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant promagicstore all the license rights granted herein.
- e) Promagicstore does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and promagicstore expressly disclaims all liability in connection with Content. Promagicstore does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and promagicstore will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Promagicstore reserves the right to remove Content without prior notice.
- f) Promagicstore may choose to offer a loyalty program, wherein users can accrue loyalty points or other incentives based on activity on the promagicstore website, including but not limited to purchases. These incentives, loyalty points (“Elite Points”), and/or prizes have no cash value, and redemption rates and loyalty programs may be amended, cancelled, or revoked at any time for any or no reason, including but not limited to fraudulent attempts to accrue Elite Point balances.
7) Account Termination Policy
- a) Promagicstore will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- b) Promagicstore reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Promagicstore may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- c) Promagicstore reserves the right to terminate your ability to use the Site without prior notice for any reason whatsoever. Additionally, you agree to terminate your use of the Site upon request by promagicstore.
8) Digital Millennium Copyright Act
- a) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii) 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 service provider to locate the material;
- iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- v) a statement that you have 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
- vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Promagicstore’s designated Copyright Agent to receive notifications of claimed infringement is promagicstore Attn: Notice of Infringement, C/Velazquez 59, 5ºC.I; Madrid, 28001 (Spain); email: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to promagicstore customer service through the “Contact Us” page or by other means. You acknowledge that if you fail to comply with all the requirements of this Section 5(D), your DMCA notice may not be valid. You also acknowledge, agree, and grant promagicstore the right to publish your compliant or non- compliant takedown notice, regardless of any confidentiality marking, indication, or request on the face of the notice, as well as any other correspondence received from you relating to a DMCA takedown request or notice of claimed infringement.
- b) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- i) your physical or electronic signature;
- ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Charleston, South Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, promagicstore may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at promagicstore’s sole discretion. You also acknowledge, agree, and grant promagicstore the right to publish your compliant or non- compliant counter-notice, regardless of any confidentiality marking, indication, or request on indication on the face of the notice, as well as any other correspondence received from you relating to a DMCA takedown request, notice of claimed infringement, or counter- notice.
9) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMAGICSTORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PROMAGICSTORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PROMAGICSTORE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROMAGICSTORE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10) Limitation of Liability
IN NO EVENT SHALL PROMAGICSTORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROMAGICSTORE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by promagicstore from its facilities in the United States of America. Promagicstore makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless promagicstore, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content or your use of promagicstore Content caused damage to a third party; (v) any and all of the above, where such circumstance involved a different person using your Account and/or password. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
12) Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by promagicstore without restriction.
Promagicstore does not monitor your data or transmissions, yet, promagicstore does actively monitor accounts for system utilization. However, you agree that, in promagicstore’s efforts to promote good citizenship within the Internet community, if promagicstore becomes aware of inappropriate use of the Site or any promagicstore service, promagicstore may respond. You acknowledge that promagicstore will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, promagicstore will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You agree that: (i) the Service shall be deemed solely based in Madrid; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over promagicstore, either specific or general, in jurisdictions other than Madrid. These Terms of Service shall be governed by the internal substantive laws of Madrid, without respect to its conflict of laws principles. Any claim or dispute between you and promagicstore that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Madrid. These Terms of Service, together with the Privacy Notice at https://promagicstore.com/privacy-policy/ and any other legal notices published by promagicstore on the Service, shall constitute the entire agreement between you and promagicstore concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and promagicstore’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. promagicstore reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PROMAGICSTORE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
16) If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- promagicstore does not give any undertaking as to the continued availability of Products offered for sale on the Site;
- once your order for a Product is accepted, and you pay the fee, you acquire a non- exclusive license to use the Product in accordance with the conditions of the license that you acquire; and
- ownership of the Product remains with the Seller.
17) If you sell a Product, you warrant to promagicstore and each Buyer that, as a Seller, in relation to each Product that you offer for sale on the Site:
- you own the intellectual property rights in that Product;
- that Product does not infringe the intellectual property rights of a third party;
- the description for that Product is not false, inaccurate or misleading;
- that Product is not fraudulent, stolen or an unlawful item;
- that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair-trading laws);
- that Product is not defamatory, unlawfully threatening or unlawfully harassing;
- that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to persons under the age of 18 years;
- that Product does not contain viruses or other computer codes; files or programs designed to limit or destroy the functionality of other computer software or hardware;
- that Product would not create liability for promagicstore or cause promagicstore to lose (in whole or in part) the services of its ISP or other suppliers; and
- that Product would not cause promagicstore to violate any applicable law, statute, ordinance or regulation by making it available on the Site.
18) As a Seller, you acknowledge and agree that any Product offered for sale by you on the Site must first be submitted to promagicstore to enable promagicstore to check the quality of the Product and the information provided with the Product and its general compliance with promagicstore’s standards and its suitability for uploading on the promagicstore Site. Promagicstore may refuse, in its sole discretion, to allow you to offer the Product for sale on the Site. Promagicstore is not required to give reasons for refusing to allow you to offer a Product for sale on the Site.
19) As a Seller, you acknowledge and agree that if promagicstore determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on the Site does not comply with any applicable laws and/or these Terms of Service, promagicstore will disable your Account and withhold all amounts that you may have earned from the sale of the relevant Product until any dispute in relation to the Product has been resolved to the satisfaction of promagicstore.
20) As a Seller, you acknowledge and agree that promagicstore may, at its sole discretion, elect at any time to remove your Products from the Site without notice to you. Promagicstore is not responsible for any loss that you may suffer as a result a Product being removed from any of the Site by promagicstore.
21) As a Buyer, you acknowledge and agree that despite promagicstore’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, promagicstore reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, promagicstore will immediately arrange for any payment to be refunded.
22) Promagicstore is not liable for any loss suffered by a Seller as a result of a Buyer making use of a Product contrary to the conditions on which the Product was sold to the Buyer.
23) As a Seller, you agree and acknowledge that promagicstore may use your Product (or part of a Product) from time to time to promote the Site, including on a features page on the Site itself.
24) Prior to submitting any Product to promagicstore for sale on the Site, all Sellers must complete and submit appropriate forms for tax purposes as directed by promagicstore in its sole discretion.
25) Promagicstore does not discriminate on the basis of race, religion, national origin, color, sex, age, veteran status, or disability. It is promagicstore’s intention that all qualified submissions be given equal opportunity and that selection decisions are based on quality related factors. Nevertheless, promagicstore reserves the right to approve or disapprove any Content for publication or Product for sale on the Site for any or no reason.
26) Promagicstore has complete control over the handling of returns and requests for refunds on Product purchased on the Site when such refund is reasonably requested by the Buyer within thirty (30) days of purchase. In promagicstore’s sole discretion, a refund may be granted to the customer when deemed necessary in the interest of maintaining a fair, positive environment with unrivaled customer service.
27) The Seller shall receive sixty (60) percent of net revenue derived from sale of Products, minus any bona fide returns. The remaining forty (40) percent of net revenue is retained by promagicstore in consideration of the benefit provided by, and to cover promagicstore’s costs and expenses in connection with running and providing customer support and related services for the Site. On or before the 11th day of each month, promagicstore will post a PDF statement on the Seller’s account page (Artist Dashboard) detailing sales made, if any, during the prior month and the amounts due to the Seller for any such sales made during the previous month.
The amounts due to the Seller, if equal to or more than fifty euros (€50.00) will then be paid by promagicstore by bank transfer on the 11th day of the month directed to the Seller at the address then associated with Seller’s account. If the amounts due to Seller are less than fifty euros (€50.00), said amount shall be held in Seller’s account and carried over to the next month until the amount reaches fifty euros (€50.00). The amounts due Seller that are carried over in Seller’s account are not deposits. Promagicstore will pay all amounts due Seller by bank transfer on the 11th day of the month following 30 (thirty) days of the closure of Seller’s account directed to the Seller at the address last associated with Seller’s account, provided no returns are pending or other Product disputes are pending. If returns or other Product disputes are pending, any amounts due Seller will be paid by promagicstore by check postmarked on the 11th day of the month following 30 (thirty) days of the resolution, to be determined in promagicstore’s discretion, of any pending returns and Product disputes, and will be directed to the Seller at the address last associated with Seller’s account.
28) Nothing in these Terms constitutes a partnership between the parties or makes one party an agent of another party for any purpose. A party cannot in anyway or for any purpose bind another party contract in the name of another party.
29) Trademarks: Pro Magic Store® is a trademark of Creative Health SL (B87711206) in Europe and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.