Terms of service
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF ellusionist®.COM (“ellusionist®”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
1. Description of Service
Ellusionist.com is providing IN Session Members with an on-line service which supports posting, and making online video conferencing sessions with Ellusionist artists available through the Ellusionist website. These 'sessions' are facilitated by video conferencing software and encompass the subject of magic at large. Magician has discretion of the specific curriculum to teach user within this magic subject.
NOTE: Magician's personal schedule is subject to change at any time and may require changes to "In Session" booking dates that have already been reserved. Ellusionist and it's In Session artists reserve the right to change booked dates with full notice to the customer of changed date. Artists will make every attempt to reschedule a time that is amenable to both parties.
You acknowledge that you are In Session with your selected artist and will not duplicate, share, or redistribute the session in any way, shape or form.
2. Disclaimer of Warranties
The site is provided by Ellusionist.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Ellusionist.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Ellusionist.com shall have no liability for any interruptions in the use of this Website. Ellusionist.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Ellusionist.com SHALL NOT be liable for any damages whatsoever, and in particular Ellusionist.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ellusionist.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Ellusionist.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Ellusionist.com reserves the right to modify or discontinue the Service with or without notice to the Member. Ellusionist.com shall not be liable to Member or any third party should Ellusionist.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Ellusionist.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Disclaimer Regarding Accuracy of Vendor Information
Ellusionist.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts California
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2011 Ellusionist.com.com, with all rights reserved, or is the property of Ellusionist.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ellusionist.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Ellusionist.com.
Ellusionist™ and Ellusionist.com™ are proprietary marks of Ellusionist.com. Ellusionist.com’s trademarks may not be used in connection with any product or service that is not provided by Ellusionist.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ellusionist.com.
All other trademarks displayed on Ellusionist.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Ellusionist.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Ellusionist.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
13. Other Terms
You acknowledge that your Sessions and 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 ellusionist® entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by ellusionist® 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 Sessions) violates any applicable law or regulation, or the rights of any third party.
ellusionist® and ellusionist®.com, LLC are trademarks of ellusionist® in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of ellusionist®, Copyright © 2001, 2002 ellusionist®, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
ellusionist®’s Copyright Agent for notice of claims of copyright infringement on its site is Trevor Deosaran
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 ellusionist®, and agree that ellusionist® does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that ellusionist® has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by ellusionist® or its licensors.
ellusionist®, 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, THE THIRD PARTY CONTENT AND THE SESSIONS OF OTHER VISITORS TO THE SITE. 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, ellusionist® SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SESSIONS. IN NO EVENT SHALL ellusionist® 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 ellusionist® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ellusionist® does not monitor your data or transmissions, yet, ellusionist® does actively monitor overall site usage for system utilization purposes. You agree, however, that, in ellusionist®’s efforts to promote good citizenship within the Internet community, if ellusionist® becomes aware of inappropriate use of the Site or any ellusionist® service, ellusionist® may respond. You acknowledge that ellusionist® 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, ellusionist® will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, ellusionist® reserves the right to terminate your access to the site without notice. ellusionist®’s preferred course of action, where practicable, is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that ellusionist® and its licensors may make improvements and/or changes in the Materials or other items described in or offered on this Site, if any, at any time without notice, and further agree that ellusionist® can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been posted constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California 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 California, 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 ellusionist® 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 ellusionist® in writing. The Terms comprises the entire agreement between you and ellusionist® and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.