CONDITIONS OF USE

By accessing www.fantasmamagic.com or any of its sub-sites (”Web Site”), you agree to the following terms and conditions. You must not access this Web Site if you do not agree to all of the following terms and conditions. Accessing this Web Site by any means is the equivalent of your signature and indicates your acceptance of these terms and conditions and your intent to be legally bound by them.

Access and Use

All materials contained in this Web Site, including but not limited to videos available for download (“Video(s)”), are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Web Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or Videos, in whole or in part, available on the Web Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material, or stills from audiovisual material available on this Web Site. The use of materials from this Web Site on any other Web Site or networked computer environment is similarly prohibited. Notwithstanding the above, Videos may only be downloaded and stored on one (1) personal computer for each individual qualified purchase or promotion, and only be used for personal, non-commercial purposes.

Limitation of Liability

In no event shall Fantasma or its employees, agents, suppliers, or contractors be liable for any damages of any nature, including without limitation any consequential loss, loss of income or profit, loss of or damage to property, claims of third parties, or any other loss, cost, claim or expense of any kind or character arising out of or in connection with the use of this Web Site, its content or any Web Site with which it is linked.

Amendments to this Agreement

Fantasma reserves the right to change the terms, conditions and notices under which it offers the Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any other terms or notices posted on the Web Site. Your continued use of the Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Miscellaneous

These Terms shall be interpreted in accordance with the laws of the State of New York without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action, or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding. You agree that all agreements, notices, disclosures and other communications that Fantasma provides to you electronically satisfy any legal requirement that such communication be in writing.

These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.  No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.  The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.


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