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    TheMagicatChristmas.com - Terms and Conditions.


    This site (TheMagicatChristmas.com ) for your personal entertainment, information, education, and communication. Your use of this Site, and all information, products and services on this Site are subject to the binding legal terms set forth below. You understand that we may modify, alter, or otherwise update these Terms from time to time without giving you any notice, check them periodically for changes.


    BY USING OUR WEB SITE OR SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THIS SITE FOR ANY PURPOSE. LEAVE NOW!


    The Site contains links to other Web sites. We do not review all sites linked to the Site and are not responsible for the contents of or any products or services offered by any other sites. Your use of such other Web sites is subject to the terms of use, if any, contained within each such Web site. If there is any conflict between the Terms set forth below and any terms or notices set forth on any other Web site, then the terms of such other Web site will control your use of that Web site. Please review the terms of use for each Web site so that you understand all of the terms that will apply.


    Limited Right to Use.

    The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).


    Indemnity.

    You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold TheMagicatChristmas.com and our affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to this Site, or your violation of either these Terms or the rights of any third party. Disclaimer. THE INFORMATION FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.


    Copyright.

    The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Limited Right to use provision, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

    SELLING AND REDISTRIBUTION OF ANY IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!


    DMCA Notice.

    JPI Media. and its affiliated companies respect the intellectual property of others and require the users of our services to do the same.

    Procedure for Making Copyright Infringement Claims:
    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through our services, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

    For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

    A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed.

    Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit JPI Media, or one of its affiliated companies to locate the material.

    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The above information must be submitted as a written notification to the following Designated Agent: Name of Agent Designated to Receive Notification of Claimed Infringement: John Pielecka Address of Designated Agent: 112 South Lockwillow Ave. Harrisburg, PA 17112 Telephone Number of Designated Agent: (717) 979-4910

    Electronic contact of Designated Agent: WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

    This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

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