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Magicheck
Terms and Conditions
By applying for an Magicheck
Membership ID you agree to the following
terms and conditions. These terms and
conditions will continue in effect throughout
your membership and after any termination,
cancellation or expiration. Read them
carefully.
| 1 |
Applicant acknowledges and is
aware that the use of the Magicheck
Membership ID will permit the
Applicant to access websites
which, in the opinion of the
website owner, may contain materials
describing the methods and workings
of magic effects and/or illusions. |
| 2 |
Applicant acknowledges and is
aware that Magicheck
provides secret protection services
and the issuance of magic site
access IDs and it does not sponsor,
promote, endorse, produce, transmit,
communicate or otherwise distribute
any Materials. |
| 3 |
Applicant represents and warrants
that, in the event Applicant
accesses any Materials, that
it is lawful to receive and
view said Materials in the jurisdiction
in which Applicant resides,
receives or views said Materials.
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| 4 |
Applicant represents and warrants
that, in the event Applicant
accesses any Materials, that
Applicant will not use the Materials
in any unlawful manner, will
not display or transmit the
Materials to, or allow access
of the Materials by anyone except
for the subscriber themselves. |
| 5 |
Except in response to legal
process, Magicheck
will not disclose, disseminate,
sell, lease or transfer any
private information provided
to it by Applicant (or Member)
to any third parties. Otherwise,
all data, information, compilations,
statistical analyses, profiles,
membership history and transaction
records are the sole and absolute
property of Magicheck.
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| 6 |
Applicant represents and warrants
that, in the event Applicant
accesses any Materials, that
Applicant will not use the Materials
in any manner inconsistent with
the intellectual property rights
of the owner of the Materials.
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| 7 |
Applicant acknowledges, represents
and warrants that, acceptance
of the benefits, rights and
privileges afforded to Applicant
by the Magicheck
Membership are fair and adequate
consideration to contractually
bind the Applicant to the terms
and conditions herein set forth
and as may, from time to time,
be amended. |
| 8 |
Applicant acknowledges that
Magicheck
relies on the representations
and warranties made by the Applicant
in the Application and these
terms and conditions. Applicant
represents and warrants that
all information provided in
the Application is true and
correct. |
| 9 |
Applicant is applying for membership
to Magicheck
for the purpose of accessing
websites which may contain materials
that are not suitable for general
public viewing and which may
contain, among other things,
the exposure and explanation
of magic secrets. Applicant
acknowledges and agrees that
Magicheck
does not make any warranties,
representations or other assurances
whatsoever, express or implied,
including any warranty of merchantability
or fitness for a particular
purpose. |
| 10 |
Upon approval of any Application,
the Applicant becomes an Magicheck
member and shall obtain a Magicheck
Membership ID which will, for
the period of time for which
the Applicant has enrolled and
for which Applicant has paid,
enable the Member to access
to websites that use the Magicheck
secrets protection system (either
exclusively or non-exclusively)
to restrict access to their
websites. |
| 11 |
An
Applicants representations,
warranties, acknowledgements
and agreements, as herein stated
shall continue in force throughout
membership and as such the term
Applicant and Member shall apply
interchangeably. |
| 12 |
Member
will not publish, disclose,
disseminate or otherwise permit
any other person to use his/her
Magicheck Membership ID.
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| 13 |
Magicheck
does not guarantee or warrant
the compatibility of the Member's
equipment, computer or software,
including but not limited to,
the type of computer, computer
configuration, browser software,
other software, dial up account,
TCP/IP, Winsock or online service.
Magicheck
is not responsible for any interruption
in service or inability of Member
to access participating websites
due to technical difficulties
or failure of the internet,
world wide web, phone lines,
or any other causes beyond its
control. |
| 14 |
All
membership fees are non-refundable
in the event that any valid
membership is cancelled by Magicheck
for violation of these terms
and conditions or by Member.
If it is determined by Magicheck
, in its reasonable discretion,
that the membership was not
validly obtained, then Magicheck
(through Clickbank) will credit
the credit card account improperly
used for the charges and will
invalidate the Membership ID.
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| 15 |
Magicheck
reserves the right to cancel
any Membership for any reason,
with or without notice, if it
determines, in its sole and
absolute discretion that Member
has violated any of these terms
and conditions. |
| 16 |
Memberships will expire automatically
upon the terms and conditions
effective as of the anniversary
date of the renewal period,
unless the member elects to
renew. |
| 17 |
Member
assumes all risk and accepts
all responsibility for any and
all use of an Magicheck
Membership, for access to any
participating websites and for
the use of any Materials or
content (including programming,
code, software, encryption,
data or other information technology)
obtained from any participating
website. |
| 18 |
Member
agrees to indemnify and hold
Magicheck
harmless from any liability,
damages, claims, actions or
suits (including all costs and
attorney's fees) arising in
any way out of the Member's
use of an Magicheck
Membership ID, the receipt,
viewing, transmission or retransmission,
or use of any Materials or content,
or any violation of these terms
and conditions. |
| 19 |
Member
acknowledges and agrees that
these terms and conditions may
be changed, modified, amended
and/or supplemented by Magicheck
at any time, from time to time,
without notice. |
| 20 |
Member
further acknowledges and agrees
that by applying for or accepting
membership to Magicheck
that these terms and conditions
shall be construed under and
pursuant to the laws of the
State of Nevada and jurisdiction
and venue for any action to
enforce, interpret or otherwise
dealing with these terms and
conditions, Magicheck
or any rights arising herefrom,
shall be in Clark County, Nevada.
If any court of competent jurisdiction
determines that any part or
parts of these terms and conditions
are invalid or void, then the
remaining part or parts shall
remain in full force and effect.
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| 22. |
Member
acknowledges, represents and
warrants that he/she has read
these terms and conditions and
agrees to be bound by them as
part of and in consideration
of the Magicheck
membership. |
| 23. |
All representations, warranties
and rights conferred hereunder
shall inure to the benefit of
Magicheck.com, its affiliates,
successors and assigns. |
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Magicheck.com ©2002
Magicheck
is a DownloadMagic company
All rights reserved.
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