TERMS OF SERVICE

*IMPORTANT – READ CAREFULLY BEFORE USING THIS SERVICE*

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between Magick Colours and it's parent company, iMagick.net ("Company") and you as a user ("you," "your," "user," "visitor," "basic member," "full member") who accesses or establishes a connection to our services ("Service" or collectively the "Services"). "You," "your," "user," "visitor," "basic member," or "full member," means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. A "basic member" is a member who has registered on the Company site but only has free access to specific parts of the Service. A "full member" has registered on the site and has paid for unlimited access to the entire Service.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Distribution of your user name or password to others for access to the Services is prohibited and may result in termination of your account or other liability. Your use of the Service indicates that you are bound by this agreement with us. If you do not agree with any of these terms and conditions, discontinue use of the Service.

1.3 Company reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Company will make the current Agreement available as a link from each Service's home page. The Agreement in effect at the time of your use of the Service shall govern your use and your use of the Service after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. If you don't want to be bound by a change, discontinue use of the Service.

1.4 Company reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services. Company further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on Company's belief that your use of the Services violates that permitted by this Agreement or applicable law.

1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.

2. Subscription, Fees and Payments

2.1 As part of the registration process, you will be required to select or assigned a password and username. Company may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as determined by Company in its sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell you use of or access to the Service to any third-party. If you have reason to believe that your account with Company is no longer secure, you must immediately notify YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. 2 If you become a paid member ("subscriber, subscribers, member, members,") of any of the Services, you will be bound by the payment terms set forth herein.

2.3 Except as set forth herein or as described by offers we make from time to time, access to the entire Service requires payment. Rates vary. If you subscribe, you must provide accurate, complete and updated subscriber information. You will pay Company for all fees, charges, and any applicable taxes, associated with the Services in accordance with the current rates, payment terms, and policies specified by Company in the applicable Service enrollment screens and online help areas. You acknowledge that you will pay Company all such fees, charges, and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization on your behalf. If you enroll in the Services using a credit card, you certify to Company that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are certifiably at least 13 years of age and expressly authorized by the cardholder to enroll in the Services.

2.4 You further acknowledge that your obligation to pay Company all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay Company for the Service regardless of whether the Service is used or not. Unless you enroll as part of a free trial, your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the free trial for the Service, and not the date of your first use of it.

You may cancel your monthly account for the Service at any time during its term. However, Company does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts for any term already charged. You may cancel your account for the Service by completing and submitting a cancellation as described in our Privacy Policy. We strongly recommend that you use the cancellation form as telephone calls are accepted only during business hours and may result in delays of cancellation.

2.5 The price you pay for a Service is stipulated at the time you enroll in such Service and is valid for the initial period for which you enrolled in the Service. Company reserves the right to change the price paid for a monthly subscription after the initial enrollment period. MONTHLY SUBSCRIPTIONS TO THE SERVICE ARE ON A CONTINUOUS RENEWAL BASIS. This means your subscription will automatically renew every month on your monthly enrollment anniversary or the last day of the month if you enrolled on the 29th, 30th or 31st and the current month has no such date. Company in accordance with Section 2.3 hereof that you wish to cancel the Service. Your subscription renewal will be at the then current price charged for the Service or your enrollment price, whichever is higher. YOU MUST CANCEL PRIOR TO YOUR SUBSCRIPTION RENEWAL DATE TO AVOID CONTINUED CHARGES.

3. Trademark

3.1 The Services and all content and tools provided by Company on the Services are protected by copyright, trademark and/or other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by Company. Magick Colours name and logo are service marks of iMagick.net. All trademarks appearing on the Services are the property of their respective owners. You agree not to use any trademarks or copyrighted material without express written permission of Company.

3.2 If you operate a Web site and wish to link to the Service, you must link to the Service's home page unless permission otherwise has been granted in writing by iMagick.net. You can contact iMagick.net for this permission using this form. iMagick.net reserves the right to reject or terminate any links to the Service. While our website may have links to the websites of other companies and parties, iMagick.net has no control over those websites. iMagick.net is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. iMagick.net is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

3.3 You may search, retrieve, display, download to your area on the Company Service, and print content from the Services solely for your personal use. You may not download electronic copies of our content for any purpose other than those permitted by Fair Use or otherwise by law. You shall make no other use of the content without the express written permission of Company. You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology, in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Services that would create any electronic database or archive containing such content. You shall not make any changes to any content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content, tools or technology on the Services or the Services themselves without the express written permission of Company. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to Company and/or its licensors.

3.4 In searching the Services, you shall not employ any automated search tools, including so called "crawlers," "bots" and "spiders" that programmatically access and extract content in order to repurpose or resell the Services content and tools, nor may you "scrape" and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents except as permitted by our FAQs without the express written permission of Company. Those seeking more information on permission for systematic access (automated queries, meta-search, etc.) shall go to the FAQ area for each Service.

3.5 Digital Millennium Copyright Act ("DMCA") Notice
Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Service, or via the Service by third parties not within the control of Company. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Service infringe a third-party copyright. Upon receipt of a proper notice of claimed infringement under the DCMA, Company will respond promptly to remove, or disable access to the material claimed to be infringing that is in our direct control, or will provide you with information on how to contact a third-party content provider to notify them of the copyright infringement. Please send all notices to iMagick.net, 1128 Royal Palm Beach Boulevard #281, Royal Palm Beach, Florida, 33411, USA.

4. Privacy Policy

5. Disclaimer of Warranties & Limitation of Liability

5.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.

5.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL ALACRITUDE (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.

6. Indemnification

6.1 To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Company (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

7. Third-Party Content, Third-Party Providers, Advertising and Links

7.1 The Services include a number of third-party providers for content, technology and other features, including the opportunity for users of the Services to purchase goods or services from third parties ("Third-Party"). Company makes no warranty concerning content, technology, goods or services provided by Third-Party providers.

YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THOSE GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD-PARTY PROVIDER DIRECTLY, NOT FROM COMPANY.

7.2 Parts of the Service may also contain advertising or other third-party content. Advertisers are responsible for ensuring that material submitted for inclusion with the Service complies with international and national law. Company is not responsible for any third-party content or error, omission or inaccuracy in any advertising material. The Service may contain links to other web sites. Company is not responsible for the availability of these web sites or their contents.

8. Site Security

8.1 You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account with you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

8.2 Fraud Policies and Information WARNING: We take fraud seriously. It is a crime to purchase any part of this Service with a false name or with the use of an invalid credit card. (An invalid credit card is one that is created for the sole purpose of purchasing items or services illegally or using a credit card or its information, via theft or unauthorized use.) It is also illegal to misuse the charge back process to take advantage of the Service. If you are a victim of fraud or if you are a perpetrator, be aware that we will actively pursue and prosecute fraud offenders to the fullest extent of the law.

9. Contacting Us

9.1 You may contact us by postal service at iMagick.net, 1128 Royal Palm Beach Boulevard #281, Royal Palm Beach, Florida, 33411, USA. If a response is necessary, we will contact you at the address you provide to us, or by posting a notice on the Services. This will never serve as legal notice or effective notice for cancellation purposes, all of which are governed by the above sections.

10. Termination

10.1 Company may terminate this Agreement and your use of the Services, or discontinue the Services, at any time. Company shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law. In such event you will not be entitled to any refunds for unused services.

11. Law Governing Performance and Disputes

11.1 This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Illinois, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Florida in Palm Beach County and the United States District Court in any and all actions, disputes, or controversies relating to this Agreement.

12. General Terms

12.1 This Agreement and any policies and rules posted on the Services by Company constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either Company or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Company and its successors, trustees, and assigns. Company may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Company does not relieve you of your obligations under this Agreement.

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