Terms and Conditions
Welcome to The Gallery of Magick
These terms and conditions outline the rules and regulations for the use of The Gallery of Magick’s Website.
Please read this Agreement carefully before accessing or using our website. By accessing or using any part of our website, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our website. If these Terms are considered an offer by The Gallery of Magick, acceptance is expressly limited to these Terms.
The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Our website is not directed to children younger than 18, and access and use of our website is only offered to users 18 years of age or older. If you are under 18 years old, please do not use this website. Any person who registers as a user or provides their personal information to our website represents that they are 18 years of age or older.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use The Gallery of Magick’s website if you do not accept all of the terms and conditions stated on this page.
Cookies.
We employ the use of cookies. By using The Gallery of Magick’s website you consent to the use of cookies in accordance with The Gallery of Magick’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, The Gallery of Magick and/or it’s licensors own the intellectual property rights for all material on The Gallery of Magick. All intellectual property rights are reserved. You may view and/or print pages from http://www.galleryofmagick.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from http://www.galleryofmagick.com
Sell, rent or sub-license material from http://www.galleryofmagick.com
Reproduce, duplicate or copy material from http://www.galleryofmagick.com
Redistribute content from The Gallery of Magick (unless content is specifically made for redistribution).
User Comments
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Comments do not reflect the views or opinions of The Gallery of Magick, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws The Gallery of Magick shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
The Gallery of Magick reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to The Gallery of Magick a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
Organizations may link to our Web site without prior written so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
Disclaimer of Warranties
Our website is provided “as is.” The Gallery of Magick and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Gallery of Magick nor its suppliers and licensors, makes any warranty that our website will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our website at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Limitation of Liability
In no event will The Gallery of Magick, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of our website will be in strict accordance with the The Gallery of Magick Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless The Gallery of Magick, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our website, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between The Gallery of Magick and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Gallery of Magick, or by the posting of a revised version by The Gallery of Magick.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Gallery of Magick may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.