Impressum
Responsible for the content of this site:
HUGH CLARKE
THE STRUCTURE OF MAGIC
hello@thestructureofmagic.com
TULPENSTRASSE 21 91086 AURACHTAL GERMANY
Privacy Policy
THE STRUCTURE OF MAGIC is the trading name THE STRUCTURE OF MAGIC (THE STRUCTURE OF MAGIC; “Us”, ‘We”) registered in England is the data controller of your Information for the purposes of the Data Protection Act 1998 (the “Act”). We respect your privacy and we are committed to protecting your personal Information as that term is defined in the Act (“Information”). We comply with the principles of the Act and aim to maintain consistently high levels of best working practice in our information processing and usage.
This Privacy Policy (“Policy”) is intended to inform you how we collect, use and disclose your personal data. This Policy is intended to assist you in making informed decisions about your Information when using our website or the services provided by us or our group companies.
By using our website and services you consent to our collection and use of your Information as described in this Policy. Your continued use of the website or services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of this Policy, as amended.
In addition to this Policy, each service offered by us or our group companies may have additional privacy provisions that are specific to the particular service. These other disclosures are made adjacent to the particular service at the time your Information is collected.
2 WHAT INFORMATION DO WE COLLECT?
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.All your Information will be held and used in accordance with the Act where applicable. If you want to know what Information we collect and hold about you, please write to us at hello@thestructureofmagic.com. When you visit and use our website or request our services you may provide us with or we may collect your Information such as your postal address, email address and other personal information. You may provide or we may collect this Information in a number of ways:
2.1 Information you voluntarily provide to us
We collect and maintain Information that you voluntarily submit to us during your use of our website or services. For example:
When you register on our website or for a service, you may provide us with certain Information including your name, email address and contact numbers
If you sign up to receive a newsletter or a magazine, you may provide us with contact information (e.g., email, telephone and/or or physical address)
You may provide us with Information in the course of email, customer support interactions and surveys.
You can choose not to provide us with certain Information, but this may stop you from gaining access to a service or limit the features that you can use on our websites.
2.2 Information we collect through your use of our Website
As you use our website, Information may also be passively collected by us through our use of cookies, pixels, and other technologies. This Information allows us to deliver more helpful information, services, and advertisements.
2.3 Information we receive from third parties
We may also combine online and/or offline information received from third parties (including other members of our group of companies) with your Information. The third party information is used for a variety of purposes including to verify other Information about you (e.g., verify your mailing address to send you requested products or services) and to enhance the content and advertising we provide to you.
3 HOW WE USE YOUR INFORMATION
We will use your Information in the ways described below and as described at the time that the Information is collected.
3.1 To Provide the Services
In general, we use your Information as necessary or appropriate for our business purposes including to:
Administer your account where you have opened an account with us
Register you and provide you access to the website or services requested by you
Respond to inquiries or requests that you direct to us
Fulfil your requests for products or services
Send communications and administrative emails about the website or our services
Personalise and better tailor the features, performance and support of the website and our services for your use; analyse, benchmark and conduct research on user data and user interactions with the website and our services
Other purposes related to any of the above
3.2 Marketing
Where you have provided us with the appropriate consents, or where the Act entitles us to do so, we may send you marketing materials about other products or services offered by us, and/or products or services offered by our group companies. In addition, where you have provided us with the appropriate consents, we may also pass your Information to one or more of our group companies or other selected third parties for marketing purposes. However, be assured that we understand the irritations of unsolicited communications and we are fully committed to ensuring the rights and obligations set out in the Act and the Privacy and Electronic Communications Regulations 2003, updated 2004 and 2011 are respected.
After you have exercised your right to object or reject the use of cookies, you may still see advertisements, on our websites. If you change your computer, change your browser or delete certain cookies, you will need to renew your preferences.
4 DISCLOSURE OF INFORMATION TO THIRD PARTIES
We may share your Information with third parties as specifically approved by you or under the circumstances described below.
4.1 Disclosure for legal reasons
We may disclose your Information if we are under a duty to disclose or share your Information to comply with any legal obligation or in order to enforce or apply or fulfil our terms and conditions and other agreements or protect the rights, property, or safety of our customers, our group companies or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
We use a number of third party organisations to help provide a professional service to our customers (i.e. website designers etc..). These organisations act as data processors and are strictly controlled in how they may/may not use your Information and we remain responsible for the protection of your Information.
4.2 Changes to our Company
In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.
5 UPDATING AND CONTROL OF YOUR INFORMATION
There are a number of ways in which you can control the collection, use, and sharing of your Information and update your information and preferences.
5.1 Opting-Out on Receipt of Marketing Communications
When you receive marketing communications from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the marketing e-mail or newsletter.
5.2 Contacting Us
If your information has changed or if you no longer wish to receive marketing communications from us then please contact us to update your information.
Please note that:
Even if you delete Information, we may retain your Information in conformance with our data retention policy; and
We are not responsible for updating or removing your Information contained in the lists or databases of third parties who have been provided with Information as permitted by this Policy.
6 THIRD PARTY LINKS AND SERVICES
Please remember that when you use a link to go from our website to another website or you request a service from a third party, our Policy no longer applies. Your browsing and interaction on any other website or your dealings with any other third party service provider, is subject to that website’s or third party service provider’s own rules and policies. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. This Policy applies solely to information collected by us through our website or services and does not apply to these third party websites and third party service providers.
7 WHERE WE STORE YOUR INFORMATION
The Information that we collect from you may be transferred to, stored and processed at a destination outside the European Economic Area. Your Information may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, for instance, for customer service purposes. By submitting Information to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary, including the use of the Model Contractual Arrangements as approved by the EU, or other contractual means to ensure that your Information is treated securely and in accordance with this Policy and the Act.
8 SECURE INFORMATION
We follow appropriate security procedures in the storage and disclosure of your Information so as to prevent unauthorised access by third parties. We also require those parties to whom we transfer personal information to comply with the same. However, unfortunately, the transmission of information via the Internet is not completely secure. So, we cannot ensure the security of your Information transmitted by you to us via the internet. Any such transmission is at your own risk and you acknowledge and agree that we shall not be responsible for any unauthorised use, distribution, damage or destruction of your Information, except to the extent we are required to accept such responsibility by the Act. Once we have received your Information we will use security procedures and features to prevent unauthorised access to it.
9 SOCIAL MEDIA
We do not control how your personal information is collected, stored or used by such third party sites or to whom it is disclosed. You should review the privacy policies and settings on any social networking site that you subscribe to so that you understand the information they may be sharing. If you do not want your networking sites to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. We are not responsible for how these third party sites may use information collected from or about you.
COOKIES
When you visit our website, we use cookies, which are small pieces of information that allow us to maintain your connection to our website. This website may use cookies for detecting what kind of device you have in order to present content in the best way, for a language switch and/or for other purposes. These cookies do not collect or store any personally identifiable information. You can refuse the use of cookies (refer below for further information).
GOOGLE ANALYTICS
This website uses Google Analytics, a web analytics service provided by Google, Inc. (‘Google’). Google Analytics uses cookies (text files placed on your computer) to help the website operators analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
HOW TO REFUSE THE USE OF COOKIES
You may refuse the use of cookies by selecting the appropriate settings in your browser. However, if you do this you may lose some useful functionality such as personalisation and ‘keep me signed in’ and ‘remember me’ features.
Terms and Conditions of Use
The following terms and conditions (the “Terms of Use”) govern your use of the website and mobile-optimized version of the website to which these Terms of Use are linked and which are owned or operated by THE STRUCTURE OF MAGIC, the trading name of THE STRUCTURE OF MAGIC. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website. Changes in the Terms of Use will be effective when posted and your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms of Use are posted will be considered acceptance of those changes. By using the website, you accept and agree to these terms of use. If you do not agree to these Terms of Use, you may not access or otherwise use the Website.
*PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS.
1. OWNERSHIP
As between you and THE STRUCTURE OF MAGIC, excluding your Submitted Materials (as defined below), THE STRUCTURE OF MAGIC or its licensors own, solely and exclusively, all rights, title and interest in and to the Website, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software), code, data and materials and, the look and feel, design and structure of the Website, and other intellectual property and proprietary rights. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access.
As between you and THE STRUCTURE OF MAGIC, excluding your Submitted Materials (as defined below), THE STRUCTURE OF MAGIC or its licensors own, solely and exclusively, all rights, title and interest in and to the Website, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software), code, data and materials and, the look and feel, design and structure of the Website, and other intellectual property and proprietary rights. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access.
2. LIMITED LICENSE
You may access and view the content on the Website on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Website, make single copies or prints of such content for your personal, internal use only. Use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.
You may access and view the content on the Website on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Website, make single copies or prints of such content for your personal, internal use only. Use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.
3. PROHIBITED USE
Any commercial or promotional distribution, publishing or exploitation of the Website is strictly prohibited unless you have received the express prior written permission from authorised personnel of THE STRUCTURE OF MAGIC or the otherwise applicable rights holder. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of Scotland and/or other countries, and may be subject to liability for such unauthorised use. For web posting, reprint, transcript or licensing requests for THE STRUCTURE OF MAGIC material, please send your request to the following: hello@thestructureofmagic.com
Any commercial or promotional distribution, publishing or exploitation of the Website is strictly prohibited unless you have received the express prior written permission from authorised personnel of THE STRUCTURE OF MAGIC or the otherwise applicable rights holder. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of Scotland and/or other countries, and may be subject to liability for such unauthorised use. For web posting, reprint, transcript or licensing requests for THE STRUCTURE OF MAGIC material, please send your request to the following: hello@thestructureofmagic.com
4. MARKS
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Website or on content available through the Website, are registered and unregistered trademarks or service marks of THE STRUCTURE OF MAGIC and third parties. All Marks not owned by THE STRUCTURE OF MAGIC that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of THE STRUCTURE OF MAGIC or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Website or on or through any of the Websites’ services is strictly prohibited.
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Website or on content available through the Website, are registered and unregistered trademarks or service marks of THE STRUCTURE OF MAGIC and third parties. All Marks not owned by THE STRUCTURE OF MAGIC that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of THE STRUCTURE OF MAGIC or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Website or on or through any of the Websites’ services is strictly prohibited.
5. REGISTRATION INFORMATION
In the course of your use of the Website, you may be asked to register or otherwise provide certain personalised information to us and/or to create a username and password. THE STRUCTURE OF MAGIC information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Website using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorised by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify THE STRUCTURE OF MAGIC of any unauthorised use, or suspected unauthorised use, of your Registration Information or any other breach of security. THE STRUCTURE OF MAGIC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
In the course of your use of the Website, you may be asked to register or otherwise provide certain personalised information to us and/or to create a username and password. THE STRUCTURE OF MAGIC information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Website using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorised by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify THE STRUCTURE OF MAGIC of any unauthorised use, or suspected unauthorised use, of your Registration Information or any other breach of security. THE STRUCTURE OF MAGIC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6. SUBMITTED MATERIALS
Unless specifically requested, we do not solicit nor do we wish to receive any confidential or secret information or other material from you through the Website, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, designs, plans, techniques or other materials submitted or sent by you to us via any medium will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will THE STRUCTURE OF MAGIC be liable for any inaccuracy or defect in any Submitted Materials.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential or secret information or other material from you through the Website, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, designs, plans, techniques or other materials submitted or sent by you to us via any medium will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will THE STRUCTURE OF MAGIC be liable for any inaccuracy or defect in any Submitted Materials.
7. PROHIBITED USER CONTENT
You warrant and agree that, while using the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorised access to other computer systems through the Website. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
You warrant and agree that, while using the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorised access to other computer systems through the Website. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
8. PUBLIC FORUMS/USE
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent material. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from THE STRUCTURE OF MAGIC. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent material. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from THE STRUCTURE OF MAGIC. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
9. ADVERTISING MATERIAL
For submitting Advertising Materials and Media Company Advertising Materials, you agree they are accurate and that all claims contained therein have been substantiated, and that it is the sole responsibility of Advertiser and/or Agency on behalf of Advertiser to review such Advertising Materials and Media Company Advertising Materials to confirm same.
For submitting Advertising Materials and Media Company Advertising Materials, you agree they are accurate and that all claims contained therein have been substantiated, and that it is the sole responsibility of Advertiser and/or Agency on behalf of Advertiser to review such Advertising Materials and Media Company Advertising Materials to confirm same.
10. LINKING TO OTHER WEBSITES
You agree that if you include a link from any other websites to the Website, such link shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, are “framed,” surrounded or obfuscated by any third party content, materials or branding.
You agree that if you include a link from any other websites to the Website, such link shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, are “framed,” surrounded or obfuscated by any third party content, materials or branding.
11. PRODUCTS / SERVICES ORDERING – DIRECT & THIRD PARTY
We may, directly or through our third-party selling partners, make certain products available to visitors and registrants of the Website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to THE STRUCTURE OF MAGIC or its selling partners. You agree to pay all applicable taxes. If payment is not received by us or such selling partners from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the selling partners. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
We may, directly or through our third-party selling partners, make certain products available to visitors and registrants of the Website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to THE STRUCTURE OF MAGIC or its selling partners. You agree to pay all applicable taxes. If payment is not received by us or such selling partners from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the selling partners. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
12. THIRD PARTY WEBSITES
You may be able to link from the Website to third party websites and third party websites may link to the Website. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply THE STRUCTURE OF MAGIC endorsement, sponsorship, or recommendation of that site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. THE STRUCTURE OF MAGIC may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than THE STRUCTURE OF MAGIC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. THE STRUCTURE OF MAGIC is not 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 third-party advertisers on the Websites.
You may be able to link from the Website to third party websites and third party websites may link to the Website. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply THE STRUCTURE OF MAGIC endorsement, sponsorship, or recommendation of that site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. THE STRUCTURE OF MAGIC may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than THE STRUCTURE OF MAGIC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. THE STRUCTURE OF MAGIC is not 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 third-party advertisers on the Websites.
14. GUARANTEE
You agree to guarantee, defend and hold THE STRUCTURE OF MAGIC and its directors, employees, agents and assigns, harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from (a) your use of the Website, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Website, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. THE STRUCTURE OF MAGIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with THE STRUCTURE OF MAGIC defense of such claim. You agree not to settle any matter without the prior written consent of the legal team of THE STRUCTURE OF MAGIC.
You agree to guarantee, defend and hold THE STRUCTURE OF MAGIC and its directors, employees, agents and assigns, harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from (a) your use of the Website, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Website, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. THE STRUCTURE OF MAGIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with THE STRUCTURE OF MAGIC defense of such claim. You agree not to settle any matter without the prior written consent of the legal team of THE STRUCTURE OF MAGIC.
15. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Management team at THE STRUCTURE OF MAGIC via hello@thestructureofmagic.com
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Management team at THE STRUCTURE OF MAGIC via hello@thestructureofmagic.com
16. DISCLAIMER OF WARRANTIES.
WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE STRUCTURE OF MAGIC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES.
UNDER NO CIRCUMSTANCES SHALL SD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE, OR CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFF. YOU USE THE WEBSITES AT YOUR OWN RISK.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
SD NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED THE STRUCTURE OF MAGIC EMPLOYEE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES.
17. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE STRUCTURE OF MAGIC, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE STRUCTURE OF MAGIC, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Applicable Laws.
We control and operate the Website from our offices in the United Kingdom. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of Scotland, England and Wales.
We control and operate the Website from our offices in the United Kingdom. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of Scotland, England and Wales.
19. Termination.
THE STRUCTURE OF MAGIC may terminate, change, suspend or discontinue any aspect of the Website or the Websites’ services at any time. THE STRUCTURE OF MAGIC may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, THE STRUCTURE OF MAGIC may, in its sole discretion and without liability, terminate the Websites use privileges of users who are repeat infringers of intellectual property rights.
20. DISPUTES
Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and THE STRUCTURE OF MAGIC arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to all claims and disputes relating to your use of the website.YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE STRUCTURE OF MAGIC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE STRUCTURE OF MAGIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and THE STRUCTURE OF MAGIC arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to all claims and disputes relating to your use of the website.YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE STRUCTURE OF MAGIC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE STRUCTURE OF MAGIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
21. AGREEMENT
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
For more information on terms & conditions / privacy, contact: hello@thestructureofmagic.com
THE STRUCTURE OF MAGIC