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Terms of Use
We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one's rights are stepped on. Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.
Copyright and Trademark Law Limitation of Liability As used in these Terms of Service, the terms we, us, our, or ours refer collectively to FreeWorldMagic.com and Parker J. Enterprises, LLC, its officers, directors, employees, and agents. The terms you and yours refer to you, the user. If you do not agree to each of the following terms, do not use FreeWorldMagic.com ("the Site"). By using the Site, you agree to the terms and conditions of our privacy notice, which are published at http://www.freeworldmagic.com/public/department12.cfm, and which are incorporated herein by reference. You further agree to the following terms: We hereby grant you permission to use the Site as set forth herein, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) except as specifically authorized herein, you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these terms and conditions. The materials contained on the Site are provided for general information only and do not constitute any form of advice. We assume no responsibility for the accuracy of any particular statement and accept no liability for any loss or damage which may arise from reliance on the information contained on the Site. By using the Site, you release us from any and all liability for any harm or damage that you incur or may incur and from any and all liability that any party incurs or may incur as a result of your having used the Site. Links from the Site to other websites are for information only and we accept no responsibility or liability for material on any other website. By providing links to other websites, we do not guarantee, approve or endorse the information or products available at the websites, nor does a link indicate any association with or endorsement by the linked site to the Site. In regard to vendors and information providers linked to the Site we do not investigate, endorse or otherwise recommend or approve of any product or merchant information located on or available through our site and forum. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, services, marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We make no representation regarding your ability to transmit and receive information from or through our Site and you agree and acknowledge that at times your ability to access our website may be impaired or disrupted. It cannot be guaranteed that this will not occur, and accordingly we disclaim any and all liability resulting from or related to such events. We are not responsible for any damage, consequence or loss of information that might be caused through your use of the site. You will not use this site if you are under 18 years of age or have received notice from us that you are no longer permitted to use the site. While using the site, you will not: YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO: (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 CONTENT OR OUR SITE, (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 SITE (V) ANY BUGS, VIRUSES, TROJAN HORSES, WEB CRAWLERS OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY US OR ANY THIRD PARTY, AND/OR (VI) 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 CONCTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, 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 agree to defend us, indemnify us and hold us harmless, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term or these terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these terms of service and your use of the Site. You agree that these Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that: (i) FreeWorldMagic.com and Parker J. Enterprises, LLC, shall be deemed solely based in Utah; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between us and you that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Utah County, Utah. These Terms of Service and any other legal notices published by us on the Site shall constitute the entire agreement between you and us concerning the Site. 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 our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve 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 each and every time you use the Site. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. © FreeWorldMagic.com and Parker J. Enterprises, LLC. All Rights Reserved. |