TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Sheer Magic Productions, located at 11747 Terra Vista Way Sylmar CA 91342, and our subsidiaries and affiliates, in association with the use of the Sheer Magic Productions website (aka TommyScherer.com, Soulwarsbook.com, Sheermagic.net) which includes the URL https://tommyscherer.com and https://soulwarsbook.com, https://sheermagic.net and could include additional URLs as needed (the “Site”) and its Products, which shall be defined below.
DESCRIPTION OF WEBSITE PRODUCTS OFFERED
The Site is an e-commerce website where books and cds are made available for purchase by the public and it also contains a blog which is free for public consumption.
Any and all visitors to our site understand that all our products are copyrighted works and cannot be reproduced in any form without the consent of the company, Sheer Magic Productions.
Those areas which may be deemed “publicly accessible” areas of Sheer Magic Production’s sites are areas such as our blog, and other pages accessible from our navigation menus. These are meant to be available to the general public, all other areas of our site are not publicly accessible and not meant for the general public.
Products Damaged in shipping
- We will replace any product damaged in shipping. Simply email Winnie@soulwarsbook.com or firstname.lastname@example.org alerting her to the damaged item and what the damage was.
- If an item does not arrive to you within a reasonable period of time, we will replace that item.
CONTRIBUTIONS TO COMPANY WEBSITE
Sheer Magic Productions provides an area for our users and visitors to contribute feedback to our website in the form of comments on our blog.
- Sheer Magic Productions reserves the right to determine if the comments will be made public.
- Sheer Magic Productions is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
- Sheer Magic Productions will not permit profanity, vulgarity or any type of lude/crude language or images in the form of comments.
Members & Users
At the point of check out you have the option to purchase as a guest or create an account. If you choose to create an account, we consider you to be a member and user. When you create an account, you’ll maintain a history of all your purchases, however your credit card information will NOT be kept on file.
All users and/or members herein agree to insure and hold Sheer Magic Productions, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Products, the use of Sheer Magic Productions Products or your connection with these Products, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF PRODUCTS
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Sheer Magic Production’s sites and/or products.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Sheer Magic Productions may set up any such practices and/or limits regarding the use of our Products, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Sheer Magic Productions nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Sheer Magic Productions’ servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Products in a given period of time. In addition, you also agree that Sheer Magic Productions has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Products. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Sheer Magic Productions shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Sheer Magic Productions shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Products, or any part thereof.
As a member of https://sheermagic.net, you may cancel or terminate your account, associated email address and/or access to our Products by submitting a cancellation or termination request to email@example.com or firstname.lastname@example.org
As a member, you agree that Sheer Magic Productions may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Products. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Products, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your https://sheermagic.net account Products.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Products.
The termination of your account with https://sheermagic.net shall include any and/or all of the following:
- the removal of any access to all or part of the Products offered within https://sheermagic.net
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Products.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Products, which may include the payment and/or delivery of such related goods and/or Products, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Sheer Magic Productions shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Sheer Magic Productions or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third -party sites or resources. Furthermore, you acknowledge and agree that Sheer Magic Productions shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Products made available on or through any such site or resource.
You do hereby acknowledge and agree that Sheer Magic Productions’ Products and any essential software that may be used in connection with our Products (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Products or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Sheer Magic Productions or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Sheer Magic Productions Products (e.g. Content or Software), in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF SHEER MAGIC PRODUCTIONS PRODUCTS ARE AT THE SOLE RISK BY YOU. OUR PRODUCTS SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SHEER MAGIC PRODUCTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SHEER MAGIC PRODUCTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) SHEER MAGIC PRODUCTIONS PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) SHEER MAGIC PRODUCTIONS PRODUCTS SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SHEER MAGIC PRODUCTIONS PRODUCTS WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, PRODUCTS, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR PRODUCTS WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF SHEER MAGIC PRODUCTIONS PRODUCTS SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SHEER MAGIC PRODUCTIONS OR BY WAY OF OR FROM OUR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE VIEWING OUR WEBSITE: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWAReNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SHEER MAGIC PRODUCTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND PRODUCTS;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Sheer Magic Productions may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Products, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Products in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Products in an authorized manner.
You herein acknowledge, understand and agree that all of the Sheer Magic Productions trademarks, copyright, trade name, service marks, and other Sheer Magic Productions logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Sheer Magic Productions’. You herein agree not to display and/or use in any manner the Sheer Magic Productions’ logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Sheer Magic Productions will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Sheer Magic Productions may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- The physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Sheer Magic Productions Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Sheer Magic Productions
Attn: Copyright Agent
11747 Terra Vista Way, Sylmar CA 91342
Telephone: (818) 269-1607
Email: email@example.com or firstname.lastname@example.org
This TOS constitutes the entire agreement between you and Sheer Magic Productions and shall govern the use of our Products, superseding any prior version of this TOS between you and us with respect to Sheer Magic Productions Products. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Sheer Magic Productions Products, affiliate Products, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Sheer Magic Productions with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Sheer Magic Productions shall be filed within the courts having jurisdiction within the County of Los Angeles County, CA or the U.S. District Court located in said state. You and Sheer Magic Productions agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Sheer Magic Productions fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Products or the TOS must be filed within 1 Year year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Sheer Magic Productions as follows:
Sheer Magic Productions
11747 Terra Vista Way, Sylmar CA 91342
Email: email@example.com or firstname.lastname@example.org
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