Terms & Conditions
Welcome to THEORY AND ART OF MAGIC (theoryandartofmagic.com). THEORY AND ART OF MAGIC provides its services to you subject to the following conditions. If you visit our Site you accept these conditions so please read them carefully. In addition, when you use any current or future THEORY AND ART OF MAGIC service or visit or purchase from any business affiliated with THEORY AND ART OF MAGIC, whether or not included in the THEORY AND ART OF MAGIC Site, you also will be subject to the guidelines and conditions applicable to such service or business.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of THEORY AND ART OF MAGIC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of THEORY AND ART OF MAGIC and protected by U.S. and international copyright laws.
License and Site Access
THEORY AND ART OF MAGIC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of THEORY AND ART OF MAGIC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THEORY AND ART OF MAGIC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THEORY AND ART OF MAGIC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing THEORY AND ART OF MAGIC’s name or trademarks without the express written consent of THEORY AND ART OF MAGIC. Any unauthorized use terminates the permission or license granted by THEORY AND ART OF MAGIC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of THEORY AND ART OF MAGIC so long as the link does not portray THEORY AND ART OF MAGIC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any THEORY AND ART OF MAGIC Photos logo or other proprietary graphic or trademark as part of the link without express written permission.
THEORY AND ART OF MAGIC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Risk of Loss
All items purchased from THEORY AND ART OF MAGIC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THEORY AND ART OF MAGIC sell a variety of different products from venders around the world.
Stream Content will generally continue to be available to you for streaming from your personal account at theoryandartofmagic.com, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and THEORY AND ART OF MAGIC will not be liable to you if purchased Streaming Content becomes unavailable for further streaming.
THEORY AND ART OF MAGIC reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and THEORY AND ART OF MAGIC will not be liable to you should it exercise such rights, even if your use of Streaming Content is impacted by the change.
Promotional Codes & Coupons
All promotional codes and coupons are required to be enter at the time of purchase.
THEORY AND ART OF MAGIC and its affiliates attempt to be as accurate as possible. However, THEORY AND ART OF MAGIC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by THEORY AND ART OF MAGIC itself is not as described, your sole remedy is to return it in unused condition. Please see our Return Policy.
Links to Third Party Sites
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by THEORY AND ART OF MAGIC, and agree that THEORY AND ART OF MAGIC does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that THEORY AND ART OF MAGIC has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by THEORY AND ART OF MAGIC or its licensors.
THEORY AND ART OF MAGIC, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEORY AND ART OF MAGIC SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION, OR MATERIAL OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL THEORY AND ART OF MAGIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THEORY AND ART OF MAGIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that your unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold THEORY AND ART OF MAGIC entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by THEORY AND ART OF MAGIC in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your participation in any chat rooms) violates any applicable law or regulation, or the rights of any third party.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
THEORY AND ART OF MAGIC controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users or require you to provide personal information (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify THEORY AND ART OF MAGIC if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify THEORY AND ART OF MAGIC of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
THEORY AND ART OF MAGIC does not monitor your data or transmissions, yet, THEORY AND ART OF MAGIC does actively monitor accounts for system utilization. However, you agree that, in THEORY AND ART OF MAGIC’s efforts to promote good citizenship within the Internet community, if THEORY AND ART OF MAGIC becomes aware of inappropriate use of the Site or any THEORY AND ART OF MAGIC service, THEORY AND ART OF MAGIC may respond. You acknowledge that THEORY AND ART OF MAGIC 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, THEORY AND ART OF MAGIC will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, THEORY AND ART OF MAGIC reserves the right to terminate your ability to use the Site without notice. In addition, you agree to terminate your use of the Site upon request. THEORY AND ART OF MAGIC’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that THEORY AND ART OF MAGIC can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by Arizona law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Arizona, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of THEORY AND ART OF MAGIC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by THEORY AND ART OF MAGIC in writing. The Terms comprises the entire agreement between you and THEORY AND ART OF MAGIC and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
THEORY AND ART OF MAGIC reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.