Magick.me Terms and Conditions

Last Updated: January 5, 2020


List of recent changes:

• January 5, 2020: Section on CCPA Compliance added. Addition of explicit inclusion of Discord and Disqus as third-party software that Terms apply to use of in connection to Magick.Me, its Site, Products and Services.

• December 20, 2019: Substantial revision of document. All users notified by email.


Welcome to the Magick.me website (“Site”) operated by Ultraculture Incorporated ("Company"). By visiting and using this Site you will be accepting these Terms and Conditions ("Terms").

These Terms govern:

• the use of Magick.me, its Site, Products and Services, and,

• any other related Agreement or legal relationship with Company in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

These Terms govern your access to and use of the Site and any of the Services and Products we provide through the Site or through any e-mail communication or e-mail list; social media page, group or posting; webinar; video; podcast; blog; web site; or any other medium or content offered in connection with Magick.me, either on its Site, its mailing list or via any third-party platform or software (together the “Services”). Please read them carefully, and if you disagree with the Terms in any way, then do not use this Site or any of the Products and Services. Company reserves the right to post changes to the Terms on this Site at any time. If we make any material changes to these Terms, we will post the updated Terms here, along with its effective date, and notify you by e-mail or by means of a notice on our Site. If any Terms changes are not acceptable, you must stop your use of this Site and any Products and Services. In these Terms, "Magick.me," "Ultraculture Incorporated," "Company" and "we" refer to Ultraculture Incorporated, and "User" or "you" refer to each visitor to this Site and/or user of Product, Services or connected informational material.

If you subscribe to any Products and Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "Terms") applicable to such Products and Services, which will be brought to your attention at that time. Continued use of this site constitutes acceptance of the then-current terms.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Magick.me is provided by:

Ultraculture Incorporated, 2140 N Hollywood Way #10791, Burbank, CA 91505-0791

Company contact e-mail: [email protected]

What the User should know at a glance

Your access to and use of the Site, Products and Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site, Products and Services. By accessing or using the Site, Products and Services, or by opting in to any mailing list operated by Company in relation to the Site, Products and Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Site, Products and Services, or remaining subscribed to any mailing list operated by Company in relation to the Site, Products and Services.

Your use of Magick.me, its Site, Products and Services, and any information gained from Magick.me, its Site, Products and Services, is at your sole risk. The Site, Products and Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Site, Products and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Magick.me, its Site, Products and Services are offered for informational purposes only, and are not intended to be a substitute for any professional advice, including but not limited to professional medical, legal or financial advice. Please consult with professional medical, legal and/or financial advisors before using Magick.me, its Site, Products and Services, or utilizing any information gained from Magick.me, its Site, Products and Services.

Usage of Magick.me, its Site, Products and Services, is age restricted: to access and use Magick.me, its Site, Products and Services, the User must be an adult under applicable law.

Magick.me, its Site, Products and Services, is only intended for Consumers.

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.

These Terms contain an arbitration clause that applies to Users depending on the circumstances. It affects how disputes with the Company are resolved. Users are advised to read it carefully.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Magick.me, its Site, Products and Services.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

If you purchase any Products or Services offered through this Site, you may also be subject to additional terms and conditions applicable to such Products and Services, which will be brought to your attention at that time. Continued use of this site constitutes acceptance of the then-current terms.

By using Magick.me, its Site, Products and Services, Users confirm to meet the following requirements:

  • Users must qualify as Consumers;
  • Users must be recognized as adult by applicable law;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties.

By using Magick.me, its Site, Products and Services, Users agree to comply with all applicable laws in connection with their purchase, use and/or viewing of any Products or Services, and agree that they will not violate any data export laws in connection with their purchase, use and/or viewing of the Site, Products and Services if they reside outside the United States.

Disclaimers

Content limitations

Your use of Magick.me, its Site, Products and Services, and information gained from Magick.me, its Site, Products and Services, is at your sole risk. We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site, within its Products or Services, or within any connected informational material on the Magick.me mailing list, blog, social media accounts, ebooks, podcasts, videos or any other information in any medium provided by Magick.me in connection with its Site, Products or Services, which is provided only on an “AS IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties, and Company shall not be responsible or liable for any errors, omissions or inaccuracies in the Site, Products, Services and or any connected informational material.

The Site, Products, Services and all connected informational material are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Site, Products and Services may be modified at any time by us, without advance notice or reason, and Company shall have no obligation to notify User of any corrections or changes to any Service content.

Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site, Products and Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site, Products and Services are free of viruses or other harmful components; or d) the results of using the Site, Products and Services will meet your requirements.

No professional advice

Magick.me, its Site, Products and Services, are provided by Ultraculture Incorporated (Company) for informational purposes only. You must be an adult under applicable law to purchase Products and Services from Magick.me. All Stripe purchases of Products or Services must be made by the card holder. All PayPal purchases of Products or Services must be made by the PayPal account owner. All purchases of Products or Services made by any other method at any other time must be made by the User of the Magick.me account they are purchasing Products or Services through. At Magick.me we want you to enjoy and benefit from your Products and Services. Our instructors make every effort to provide you with helpful and/or inspiring information. However, this information should not be used in place of any recommendations by medical, mental health, financial, or legal professionals or other professional counselors. It is your responsibility to evaluate any information, opinion, advice or other content available through Magick.me, its Site, Products and Services. Please consult with your doctor, mental health professional, other qualified health care professional and/or registered financial advisor, where applicable, before using this Site or any Product or Service offered by or discussed within this Site, or attempting any practice described in Magick.me, its Site, Products, Services and all connected informational material.

Information provided through our Site, Products, Services and all connected informational material, including but not limited to the information provided in live and recorded courses and webinars, as well as any text, graphics, images, PDFs, ebooks and tools posted anywhere on Magick.me, as well as in any promotional emails, blogs and social media operated by Company, is for informational purposes only.

Information from Magick.me is not intended to be a substitute for any professional advice, including but not limited to:

  • Professional medical advice, diagnosis, or treatment
  • Professional mental health advice, diagnosis, or treatment
  • Professional financial, accounting or investment advice or guidance
  • Professional legal advice.

Neither Company, nor any person providing instruction or comment in any Products or Services, is providing you medical, mental health, financial, accounting, investment or legal advice. You are solely responsible for confirming the accuracy and appropriateness of the information for your own uses with a medical, mental health, financial, accounting, investment, and/or legal professional. Company's provision of any Product or Service or of any specific person providing information in any Product or Service is not a recommendation by Company of that Product or Service, the content contained therein or the person providing information.

Never disregard or delay seeking professional medical advice, mental health advice, financial advice, legal advice or other professional advice because of any information received through Magick.me, its Site, Products and Services. Magick.me is not engaged in the practice of medicine or law, and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described on the Magick.me web site or in Magick.me materials or through our services.

Some parts of Magick.me, its Site, Products and Services, may contain inspirational material related to the topic of self-improvement, positive thinking, and cultivating an entrepreneurial mindset, which may incoporate information on general financial principles and ideas and encouragement to cultivate a positive mindset towards financial growth, hard work, saving and entrepreneurialism. However, Company is not engaged in the business of providing financial or investment advice, does not provide financial or investment advice as part of its Site, Products and Services, and its employees or contractors are not registered advisors.

Please consult with a Registered Investment Adviser or other duly licensed and registered financial professional before making any financial or investment decision or in any way acting on any of the information that may be mentioned, discussed, or described on the Magick.me Site, Products, Services or connected informational material. The information, inspirational material, and general investment, accounting, or legal principles or strategies that may discussed in Magick.me materials or through our services, for informational purposes only, are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of any information learned from Magick.me, its Site, Products, Services or connected informational material, will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. Magick.me does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

Your reliance on the information provided by Magick.me, its Site, Products and Services, in any connected informational material, by a Company employee or contractor, by a third party moderator, by Magick.me sponsors or by other users of Magick.me, its Site, Products and Services, is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by Magick.me, its Site, Products and Services, in any connected informational material, by a Company employee or contractor, by a third party moderator, by Magick.me sponsors or by other users of Magick.me, its Site, Products and Services, or otherwise on the Site will be your sole and exclusive responsibility.

Account registration

To use the Site, Products and Services, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Site, Products and Services.

When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your log in information (e.g., user ID and password) accurate, secure, confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by the Site.

You are also responsible for any activity resulting from use of your login information. You agree to immediately inform Company if you suspect that your login information or personal data has been comprised, violated, unduly disclosed or stolen. Company is not liable to User for any losses or damages incurred from unauthorized use of your login information. By registering, Users agree to accept full responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service (including but not limited to Teachable and myTeachable).

Conditions for account registration

Registration of User accounts on Site is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • By registering an account, User guarantees that they are an adult under applicable law, and that all information provided to Company is accurate, complete, and current at all times.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Third-party sign in

If you login or sign in using a third-party service, e.g., myTeachable, you agree to abide by the applicable third-party services’s terms and conditions.

Account termination

Users may terminate their account and stop using the Site, Products and Services at any time by using the tools provided for account termination in their account at Site.

All provisions of the Terms which by their nature should survive termination shall survive termination indefinitely, whether User account is terminated by User or Company, for any reason whatsoever, or for no reason, including, without limitation, ownership provisions, disclaimers of warranties and representations, indemnity and limitations of liability, all stipulations under the section containing indemnity and limitation of liability provisions, the User's indemnification obligations and the User’s grant of licenses under these Terms shall survive indefinitely;

Account suspension and deletion

Company reserves the right, at its sole discretion, to terminate, suspend, or bar access to User accounts at any time, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or for User conduct it deems inappropriate or offensive.

Company reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, refund or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Magick.me

Unless where otherwise specified or clearly recognizable, all content available through Magick.me, its Site, Products and Services, is owned or provided by the Company or its licensors.

Company undertakes its utmost effort to ensure that the content provided on Magick.me, its Site, Products and Services, infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Magick.me - All rights reserved

Magick.me, its Site, Products and Services, and its original content, features and functionality are and will remain the exclusive property of Company and its licensors. Magick.me, its Site, Products and Services, are protected by copyright, trademark, and other laws of both the United States and internationally.

Company holds and reserves all intellectual property rights for its Site, Products and Services, and its original content, features and functionality. Company and its licensors own all right, title and interest in and to all Magick.me Products, Services and related materials, except where specifically stated otherwise. Company and/or third party licensors either own or have all necessary rights in and to the content contained anywhere in the Site, Products or Services (e.g., lectures, video lessons, quizzes, presentation materials, assignments, images, text, displays, documents, audio and/or video clips, HTML, etc.). The foregoing includes any and all copyrights, trademarks, or other proprietary rights under applicable law. Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Magick.me are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. Nothing contained in these Terms or in any Product or Service conveys to User any ownership or other proprietary right except as otherwise set forth herein.

Any and all Company logos and/or trademarks — nominal or figurative — and all other marks, trade names, trade dress, service marks, word marks, illustrations, images, or logos appearing in connection with Magick.me, its Site, Products, Services or connected informational material are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. All trademarks, trade dress, service marks, word marks, illustrations, images and logos appearing in connection with Magick.me, its Site, Products, Services or connected informational material, may not be used in connection with any product or service without the prior written consent of Ultraculture Incorporated. Users may not use such content, marks or logos in any way that is not necessary or implicit in the proper use of the Site, Products and Services.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Magick.me, its Site, Products or Services, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Limited personal use license

Where explicitly stated in the Site, Products and Services, and only where explicitly stated, the User may be granted a limited personal use license to download, copy and/or share some content available through Magick.me for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented, content is not modified and all proprietary notices are kept intact.

User may not reproduce, publish, translate, merge, sell, rent, distribute the content of the Site, Products and Services, or create a derivative work of said content on any other website or as part of any educational, training or reference materials. User may not frame or utilize framing techniques to enclose any content on this Site.

Company reserves the right to revoke this license at any time, for any reason, and at its sole discretion.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by third party

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Site, Products and Services by third parties ("third party content") are solely those of their respective providers and not of Company, which does not guarantee the accuracy, completeness, reliability or usefulness of third party content. It is the responsibility of the User to evaluate third party content and Company shall not be liable for any damage or loss caused by Users’ reliance on or other use of third party content.

Content provided by Users

The Company allows Users to upload, share or provide their own content in certain areas and features of Magick.me, its Site, Products and Services.

By providing content to Magick.me, its Site, Products and Services, including, but not limited to, comments, quizzes, homework, projects, live Webinar interaction, etc., Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Users are responsible for the content that they post on or through the Site or Services, including its legality, reliability, and appropriateness.

Users acknowledge and accept that by providing their own content to Magick.me, its Site, Products and Services, they:

• Grant the Company a fully transferable, sub-licenseable (with rights to sublicense perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow User's materials to be edited and displayed by Company in its Site, Products, Services, marketing and connected informational material, and accessed by Users, including, without limitation, through multiple tiers) to use, access, store, publish, display, perform, reproduce, modify, transfer, broadcast, stream, transmit, distribute and create or process into derivative works from the User content, or otherwise exploit such content in any media or manner, and to associate User's public profile information (if any) with such User content, in any media formats and through any channels (whether now known or hereafter developed)

• Agree to indemnify and hold harmless Company, its employees, sponsors, affiliates and all Users of its Site, Products and Services from any claim or demand made by any third party due to or arising out of provided User content

• Represent that User owns or otherwise has the right to post the User content, that the User content is accurate, that use of the User content on the Site does not violate any laws, and that the materials will not cause injury to any person

• Waive any moral rights in connection with content they provide to Magick.me to the extent permitted by applicable law

• Acknowledge, accept and confirm that all content they provide through Magick.me is provided subject to the same general conditions set forth for content on Magick.me, its Site, Products and Services

Company shall have the right to use your name in connection with your posted User content. Company reserves the right to remove or modify any User content for any reason, including without limitation, if we believe it violates these Terms.

If you choose to post any User content and interact with other Users, if applicable, please be respectful of other Users and use common sense when posting comments. Remember that anything you post online may be perpetually available and neither confidential or private. Do not post anything you would not be comfortable sharing or being made public.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Magick.me, its Site, Products and Services. Users acknowledge and accept that the Company does not filter or moderate such content.

By posting content on or through Magick.me, its Site, Products and Services, User represents and warrants that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your content on or through Magick.me, its Site, Products and Services, does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Company has the right but not the obligation to monitor and edit all content provided by Users. Company reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Magick.me, its Site, Products and Services:

  • if any complaint based on such content is received;
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where the Company is made aware that the content, while being accessible via Magick.me, its Site, Products or Services, may represent a risk for Users, third parties and/or the availability of the Site, Products and Services;
  • at the Company's sole discretion.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Magick.me, its Site, Products and Services.

User feedback

Company welcomes all feedback, ideas, inventions, materials, and suggestions from our Users regarding our Products and Services. You understand and agree that Company does not waive any rights to use similar and/or related feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any feedback, you grant Company the right to use the feedback without any restrictions on the use of such Feedback or any compensation to you.

Access to provided content

Content that Users provide to Magick.me, its Site, Products and Services, is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made public on Magick.me upon upload or, at the sole discretion of the Company, at a later stage. Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) may also appear in connection with the published content, at Company's sole discretion. What constitutes publicly available content shall be at Company's sole discretion.

Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Company without the User’s explicit consent. What constitutes privately available content shall be at Company's sole discretion.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users. Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) may also appear in connection with the content, at Company's sole discretiom. Users may (and are encouraged to) review Magick.me's Privacy Policy at this link to find details of who can access the content they provide.

Certificates of completion

Subject to your satisfactory completion of an educational Product, as determined by Company in its sole discretion, you may be provided a certificate of accomplishment upon conclusion of the applicable educational Product, at Company's sole discretion. You acknowledge that any such certificate merely indicates completion of a educational Product and is not affiliated with any college, university, company, or other certifying institution, and does not stand in the place of a course taken at any academic institution, and does not convey academic credit or certification for any such academic institution, and neither Company nor any instructor has any obligation to you to assist you in obtaining any such credit or certification.

Modification and/or termination of Products and Services

Company reserves the right to at any time modify or discontinue, temporarily or permanently, any one of the Products or Services, or of Magick.me, its Site, Products and Services, in whole or part. User agrees that Company is not liable to User or any third party for any such modifications, suspension, or termination of any or all Products or Services. Nothing in these Terms shall be construed to obligate us to maintain and/or support any of the Products or Services, in whole or part, during the term of these Terms or thereafter.

Access to webinars

As part of its Products and Services, Company may offer either live or pre-recorded informational webinars to Users. While these webinars may at times be offered on third-party video or audio conferencing software (including but not limited to Zoom, Skype, GoToWebinar, Google Hangouts, Youtube, Discord or others), access to these webinars requires a User account at the main Magick.me site, and all webinars are governed by these Terms, regardless of whether they are hosted on the main Magick.me site or via third party video conferencing, chat, messaging, webinar, audio, broadcast, virtual reality or augmented reality software or any other third-party platform currently known or to be created at any future point.

Company reserves the right at any time and for any reason and without notice to User, to change, modify, suspend, or cancel access to and/or any and all of the webinars and/or Products or Services related to the webinars, in whole or part.

For informational purposes only

Each webinar and any content or materials provided in connection with any webinar is for informational purposes only. Information may not be applicable for each state and/or jurisdiction. Company cannot guarantee that any information provided in a webinar will be accurate, complete, and/or current at all times. Company makes no representations or warranties regarding the quality of the Wwbinar content, related materials, or any instructor. Webinars are not approved for any credit by any professional or state board or organization or by any educational institution.

All webinar content is owned by or licensed to Company and/or its licensed content providers, and all such rights are reserved. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the webinar, and/or any content, materials or information provided in connection with any Webinar for any commercial purpose without Company’s express written consent.

The appearance of any instructor, guest or User in any webinar is not and shall not be deemed an endorsement or recommendation of that instructor, guest or User by Company. The views expressed in any webinar are those of the instructor, guest or User and not Company.

Live participation and recording

During live webinars, there may be opportunities for Users to engage in live participation by asking questions and/or interacting, either via live video and audio, live video alone, pr live audio alone, with instructors, guests, and/or Users. All webinars are recorded, and all live interaction by Users during webinars is considered User content, and falls fully under the terms laid out in the Content provided by Users section. If other parties appear in the background video or audio of User's live interactions, User is required to request that they also read and agree to these Terms.

Company reserves the right, but not obligation, to use all webinar footage and/or audio of User participation publicly or privately, as part of its Site, Products, Services, connected informational material, marketing or otherwise, in whatever way it sees fit, in accordance with the Terms described in the Content provided by Users section.

Users are expected to conduct themselves politely and in good taste on webinars, and all User conduct during live webinars is to be fully in accord with the Acceptable use section of these Terms. What constitues politeness and good taste shall solely be at the discretion of the Company.

Access to external resources

Through Magick.me, its Site, Products, Services and connected informational material, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Links to other web sites

Magick.me, its Site, Products, Services, may contain links to third party web sites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Company of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site, Products, Services or connected informational material.

You acknowledge and agree that Company shall not be 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 such content, goods or services available on or through any such third party web sites or services.

The information available on third parties' websites may have certain restrictions on its use or distribution which differ from these Terms. When Users leave our Site, Products, and Services, they will be subject to the terms of use on third parties' websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Advertisers are not endorsed

Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Company will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor, or for any product or service purchased or received from an advertiser or sponsor.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on Magick.me, its Site, Products, Services, and connected informational material, infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
  • Information reasonably sufficient to permit the Company to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying 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 the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to the Company’s Copyright Agent via email at [email protected]

Acceptable use

Use of Products and Services

Subject to your compliance with these Terms and any other guidelines or policies we include through the Service, Company grants you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to make non-commercial, personal use of the Products and/or Services you purchase. Purchase of a Product or Service only entitles you to the view the Product or Service, and is not a purchase of the software or content included in the Product or Service. As set forth below, Company reserves the right to terminate your access to the Site, Products and Services at any time for any reason or no reason at all, with or without notice to you. You may not transfer your account to any other person or use anyone else’s account. Except as otherwise expressly permitted in these Terms, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute, or commercially exploit the Products, services and/or any related materials; and Company reserves the right to pursue legal action against you in connection with any unauthorized use of any Product, Service and/or related materials, or your violation of these Terms, whether at law or equity.

Conduct of User

Magick.me, its Site, Products, Services, may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Magick.me, its Site, Products, and Services, violates no applicable law, regulations or third-party rights.

Therefore, whenever Users engage or are suspected to engage in any of the activities listed in the Prohibited activities section, either on Magick.me, its Site, Products, and Services, in webinars, on social media, in e-mail, or in any other form or medium anywhere in the universe, whether in a venue or platform operated by Company or not, the Company reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to Magick.me, its Site, Products, and Services; terminating contracts; immediately and permanently suspending User account without recourse to claims for compensation, damages, refund or reimbursement; and immediately reporting User misconduct performed through Magick.me, its Site, Products, and Services, to any and all district, state, national or international judicial or administrative authorities. Any additional accounts found to belong to User, or that may be opened by User in future, may also be immediately and permanently suspended at Company's sole discretion. Suspension or deletion of accounts due to causes attributable to the User, as defined at the Company's sole discretion, does not exempt the User from paying any applicable fees or prices.

Prohibited activities

The following activities are strictly prohibited, and whenever or wherever Users engaging or suspected of engaging in them, either on Magick.me, its Site, Products, and Services, in webinars, on social media, in e-mail, or in any other form or medium anywhere in the universe, whether in a venue or platform operated by Company or not, the Company reserves the right to take the appropriate measures as listed in the Conduct of User section:

  • Violating laws, regulations and/or these Terms;
  • Infringing any third-party rights;
  • Considerably impairing the Company’s legitimate interests;
  • Offending the Company or any third party;
  • Making threats, literal or implied, to Company or its employees;
  • Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
  • Postings for any unlawful or fraudulent purpose (including links);
  • Posting of personal information (for yourself or anyone else);
  • Posting materials containing viruses or other malicious or destructive code;
  • Posting materials containing viruses or other malicious or destructive code;
  • Posting of offensive content including profanity, obscenity, racist or pornographic material;
  • Engaging in any activities or posting materials that are defamatory, violate the personal privacy rights of others, or infringe any person's rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  • Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
  • Copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attemping to discover any source code of Magick.me, its Site, Products, and Services;
  • Removing or obscuring the copyright notice, Terms, Privacy Policy, Cookie Policy or other notices displayed in connection with the content accessible through Magick.me, its Site, Products, and Services;
  • Interfering with or disrupting the functionalities of Magick.me, its Site, Products, and Services, or servers and networks connected to Magick.me, its Site, Products, and Services, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to Magick.me, its Site, Products, and Services;
  • Modifying Magick.me, its Site, Products, and Services, in any manner or form, or using modified versions of Magick.me, its Site, Products, and Services,, including (without limitation) for the purpose of obtaining unauthorized access to Magick.me, its Site, Products, and Services;
  • Reproducing, printing, caching, storing, or distributing content retrieved from Magick.me, its Site, Products, Services, or connected informational material in any way not authorized by these Terms or for any commercial use without the prior written permission of Company;
  • Selling, assigning, sublicensing, or otherwise transferring any right in Magick.me, its Site, Products, and Services, or content accessible through Magick.me, its Site, Products, and Services;
  • Accessing Magick.me, its Site, Products, and Services by any means other than through the interface that is provided by Company;
  • Using Magick.me, its Site, Products, and Services to violate any law (whether local, state, national, or international), whether or not intentionally;
  • Claiming or inferring that Magick.me, its Site, Products, and Services has influenced you to violate any law (whether local, state, national, or international), whether or not intentionally;
  • Impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on Magick.me, its Site, Products, and Services;
  • Engaging in "screen scraping," "database scraping,"; and/or
  • Facilitating violations of these Terms and Conditions or the Privacy Policy.

This list of prohibited activities is not intended to be construed as comprehensive, and can be added to or changed at the Company's sole discretion without any obligation to inform User.

Affiliate program

Magick.me sometimes gives select Users, at Company's sole discretion, the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product or Service offered on Magick.me.

In order to take advantage of affiliate offers, select Users may invite others to purchase the Products or Services on Magick.me by sending them an affiliate code provided by the Company. If upon purchase of the Products or Services on Magick.me any of the persons invited redeems an affiliate code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade, a percentage of the sale, etc.) specified by Company.

Affiliate codes may be limited to specific Products and Services among those offered by Company. The Company reserves the right to end any affiliate offer or arrangement at any time at its own discretion. The amount of advantage or benefit that each inviting User can receive may be limited at Company's sole discretion. If any affiliate offers or codes contain Coupons, as described in the Coupons section below, these affiliate offers, codes and agreements are of course automatically subject to that section of the Terms.

Users selected at Company's discretion to engage in Company's affiliate program may be subject to further Terms upon agreement of affiliation. No User expicitly, in writing by Company, granted the right to offer affiliate codes or represent themselves as doing so may do so.

TERMS AND CONDITIONS OF SALE

Paid Products and Services

Some of the Products and Services provided on Magick.me, as part of Magick.me, its Site, Products, and Services, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products and Services are described below and in these Terms generally.

To purchase Products and Services, the User must register and log into Magick.me.

Product and Service description

Prices, descriptions or availability of Products and Services are outlined in the relevant areas of Magick.me, its Site, Products, and Services, and are subject to change without notice.

While Products and Services on Magick.me are presented with the greatest accuracy technically possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product or Service.

The characteristics of the chosen Product or Service will be outlined during the purchasing process.

Product and Services availability

Although Company offers Products and Services in many parts of the world, certain Magick.me Products and Services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to Magick.me, its Site, Products, and Services, in whole and in part, at any time without advance notice.

Company occasionally offers exclusive Products or Services for a limited period of time or as part of specific limited offers, that, upon conclusion of that offer or period of time, are no longer made available for purchase or participation to any User that has not already purchased said Product or Service. Company is under no obligation to make these exclusive Products or Services (prior examples of which include the Products "Introduction to Angelic & Enochian Magick" and "The Fortuna Working" on Site) available to any other User, whether or not they are enrolled in any subscription or lifetime offer whatsoever. Conversely, Company reserves all rights to make any and all exclusive Products or Services available under new terms to any or all Users under any conditions, on any time period, at any price, as part of any subscription plan or installment plan, or not as part of any subscription or installment plan whatsoever. Company reserves all rights to change the terms of any offer or the terms of availability of any Product or Service whatsoever, for any reason, or for no reason, without any obligation to notify User. Use of any exclusive Products or Services not currently offered for sale, either publicly or privately, remain fully bound by these Terms. Any use of these exclusive Products and Services whatsoever, including but not limited to account login or watching any part of any unit or webinar, implies full acceptance of these Terms.

Purchasing process

Any and all steps taken from choosing a Product or Service, to order submission, form part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Product or Service and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product or Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the e-mail address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on magick.me are displayed excluding any applicable fees, taxes, and/or costs.

Taxes

If you elect to access or use Products or Services that involve payment of a fee, then you agree to pay that fee and all taxes associated with such access or use, including, if applicable, any sales tax Company believes in good faith that it is required to collect. Company may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Company believes in good faith that VAT collection is required for any Course, VAT will be calculated and added once your billing information is provided. You will indemnify and hold Company harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. Company is unable to provide you with tax advice, and you should consult your own tax advisor.

Offers and discounts

The Company may offer incentives, promotions, sweepstakes, contests, or special offers in connection with its Products and Services. Any such incentives, promotions, sweepstakes, contests, or special offers shall always be subject to the eligibility criteria, terms and conditions defined solely by Company in these Terms, in addition to any further terms defined as part of any specific incentive, promotion, sweepstakes, contest, or special offer.

In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs, any such program is issued at Company’s sole discretion and cannot be transferred, bartered or sold, or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account).

Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. Company reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these Terms or the terms specific to any rewards, incentive, or other program. Company reserves the right in its sole discretion, at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.

Offers and discounts are always granted at the Company’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications are in Pacific Standard Time.

Coupons

Offers or discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, the Company can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on Magick.me, its Site, Products, Services and/or connected informational material provided by Company and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

All payments for our Products and Services are independently processed through secure third-party payment processors, including but not limited to Stripe and PayPal, which users may have an option to choose between during checkout. Please note that any Products or Services requiring recurring subscription fees or installment payments may only be purchased using Stripe, as PayPal does not currently provide a system for recurring payments.

These third-party payment processors accept payment methods as detailed on the payment page of each Product or Service. Information that you supply to our payment processors is not stored by us or within our control, and is subject to the third-party payment processor’s privacy policy and terms and conditions. To the extent allowed for under applicable law, we disclaim all liability with regard to any problems you have with any third party payment processors.

We highly recommend that each User read Stripe's Terms, Conditions and Privacy Policy at this link, and/or PayPal's Terms and Conditions at this link and Privacy Policy at this link prior to using either for payment for Products or Services.

If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

If you wish to purchase any Product or Service, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any and all payment forms you use in connection with any purchase; that (ii) the information you supply to us is true, correct and complete; and that (iii) you agree that we may charge your selected payment method through third-party services for any such payments.

User information related to accepted payment methods may be made available during the purchasing process. By submitting User information, User grants Company the right to provide this information to third-party payment processors subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to Magick.me, its Site, Products, and Services.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Payment of price in installments

The payment of the purchase price of some Products and Services, within limitations and at Company's sole discretion, may be settled in two or more installments, within the deadlines specified on Magick.me, its Site, Products, Services, or otherwise communicated by the Company. Only certain specific Products and Services, at Company's sole discretion, may be offered with this payment model. Any Products and Services offered with this payment model will be clearly indicated on the description and payment pages, on the Site, for these specific Products and Services. Any Products or Services on Site that are not clearly indicated as offering this payment model do not offer it. Company is not obligated to offer this payment model on Products or Services it does not currently elect to. User requests that Company offer this payment model for additional Products and Services, or that it changes the terms of payment for Products and Services that Company does offer this payment model for, will not be entertained.

If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

Failure of payment methods

If third-party payment processors are unable to process an subscription or installment payment, due to a cancelled credit card, declined payment, lack of funds, credit card above account limit, or any other reason, Company is under no obligation to pause User's account until funds become available, or in any way alter its pre-existing agreement with User, and will not entertain any requests to do so.

User requests for alternative payment methods or models

Cryptocurrency requests

If Users wish to pay for Products or Services with cryptocurrency tokens, including Bitcoin (BTC), Ethereum (ETH), or Litecoin (LTC), they may request a transaction in writing to Company support address at [email protected] Terms of all cryptocurrency transactions are solely at Company's discretion. Price of Product or Service will be decided upon at Company's sole discretion at the point of sale, and will be determined by calculating the fixed price of the Product or Service in USD by the current rate of exchange at the Gemini Regulated Cryptocurrency Exchange. Offer of purchase price from Company will only be honored if the cryptocurrency transaction is initiated by the User within exactly 60 minutes of the offer being made via e-mail by Company (not 60 minutes from the offer being received by User). User agrees to pay the highest current network fees necessary for immediate token transfer. User agrees to pay all network or other fees associated with transaction in addition to, and not out of, the price determined by Company. User will only be granted access to Products and Services upon full confirmation of the transaction by the network of that cryptocurrency, and successful receipt of the entire amount of the cryptocurrency payment in Company's wallet. If amount received by Company is less that what was requested, or the transaction has been initiated by User more than 60 minutes after offer has been made by company

Company acceptance of any specific cryptocurrency, token or blockchain product does not imply endorsement of or partnership with that cryptocurrency, token or blockchain product, the company that operates it, or any third-party exchange or wallet. Company use of Gemini exchange rates for informational purposes does not imply endorsement of or partnership with Gemini, or that Company uses Gemini as a third-party payment processor, or that any User cryptocurrency transactions with Company are in any way covered by Gemini's terms and conditions, privacy policy or user support.

All cryptocurrency payments are fully covered by the entirety of these Terms, with the modification and addition of the following Terms:

  • User assumes sole risk for all cryptocurrency payments
  • Company is not liable for any cryptocurrency funds lost by User due to improper entry of wallet addresses, paying too little in transaction fees, loss or improper entry of password or recovery key, or any human error or technical issue relating to any wallet, third-party exchange or service, cold storage device, app or any other hardware or software used in the transaction of funds by the User, or to User's operation of any wallet, third-party exchange or service, cold storage device, app or any other hardware or software used in the transaction of funds by the User. Company will not provide User with access to any Product or Service if cryptocurrency payment for said Product or Service is lost during the process of transaction or does not arrive in full within Company's wallet for any reason whatsoever
  • Company is not liable for any prior use of any cryptocurrency it receives from User or any other individual or entity who possessed all or part of any of that cryptocurrency payment at any time, either known now or later to be discovered by any party, public or private, domestic or international, using any method whatsoever to ascertain details relating to the blockchain of that cryptocurrency
  • If a cryptocurrency payment is left stuck on the blockchain (the transaction is not confirmed by the network within a three hour period), due to User not paying high enough network fees, network congestion, or any other reason, payment will not be considered received for purchased Products or Services, and User will not acquire any rights to use the purchased Products or Services. Company will wait until such future time at which transaction is successfully and fully verified by the network, at which point it is at Company's sole discretion whether to then grant User rights to use the purchased Products or Services, or to return any part of User's cryptocurrency at cost to User. Upon successful completion of transaction by the network, if value of transacted cryptocurrency is less than when User initiated the transaction, Company withholds the right to request additional funds before granting User the right to use the purchased Products or Services. Upon successful completion of transaction by the network, if value of cryptocurrency is higher than when User initiated the transaction, User may be granted rights to use the purchased Products or Services, but Company bears no obligation whatsoever to return any part of the transacted cryptocurrency or to credit any part of its value towards any other Product, Service, User's account or any other User account. It is User's responsibility to notify Company via e-mail at the support address provided in this document when transaction clears. Company is not responsible for any funds lost by User due to transaction becoming stuck on the blockchain for any reason.
  • Subscription and installment plans on Products and Services are not and will never be offered for purchase with cryptocurrency
  • No discounts will be offered for cryptocurrency payments, and User requests to do so will not be entertained
  • No refunds or money-back guarantees will be offered on any Products or Services purchased with cryptocurrency

Barter or work-in-trade requests

Company does not offer Products and Services, or discounts on Products and Services for barter, work-in-trade, personal favor or preference, via scholarship, deferred or sliding scale, or just because a User has asked. Company does not license any employee, partner, sponsor or affiliate to make or entertain such offers. No User requests for any kind of barter, work-in-trade, personal favor or preference, scholarship, deferred or sliding scale, or any other request to alter payment terms due to User's personal situation or preference, or any other request to do so for any other reason will be entertained by Company.

Payment timeline alteration requests

Company does not alter or defer the conditions of payment timelines, either on individual, subscription or installment plans, for Products and Services. Company does not license any employee, partner, sponsor or affiliate to make or entertain such offers. User requests to alter payment timelines due to personal financial situation, credit card decline, lack of funds, missing the deadline to claim coupons or other offers, prior use of and/or conduct on Magick.Me, its Site, Services and Products, or for any reason whatsoever, will not be entertained by Company.

Retention of usage rights

Users do not acquire any rights to use the purchased Product or Service until the total purchase price is received by the Company.

If Users purchase a subscription to any Products or Services, their rights to use the Products or Services terminate upon termination of their subscription, due to User cancellation, failure of payment, termination of account by Company, or for any other reason. Company is under no obligation to re-extend any subscription offer to any User whose subscription has been terminated for any reason, whether by the exercised will of the User or the Company.

Delivery

Delivery of digital Products and Services

Users acknowledge and accept that in order to use Magick.me, its Site, Products and Services, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Company assumes no responsibility for any failure to access Magick.me, its Site, Products and Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Unless otherwise stated, digital Products and Services purchased on Magick.me are made available to Users to view on the Magick.me Site, which may be viewed on the desktop or mobile device(s) of User's choosing, provided that User's device(s) and Internet connection speed are sufficient to do so at a speed that is satisfactory to User. Company has taken great care and expense to ensure that its Site, Products and Services load and function as speedily as possible on as wide of a range of devices as possible. However, Company is not responsible or liable for User's device(s), for the speed and sufficiency of any public or private router, hotspots, local-area networks or WiFi networks User may be accessing our Site, Products and Service through, or for the policies or speed of their Internet service provider or for any Internet service or WiFi network, public or private, that the User may access or attempt to access Magick.me, its Site, Products and Services. Users are expected to verify that Site loads properly and satisfactorily before making any purchases of Products or Services. Company will not be liable for nor be required to return funds due to inoperability of User's device(s) and/or Internet connection due to technical issue or human error, or User's dissatisfaction with their experience of Magick.me, its Site, Products and Services due to any variable introduced by any aspect of their device(s) or Internet connection.

User verifies that they understand that Magick.me, its Site, Products and Services may only be accessed over an Internet-connected device, which must remain connected to the Internet during the entire time User is accessing Magick.me, its Site, Products and Services.

While some downloadables, in the forms of handouts, course material, worksheets, or other materials, may be offered in connection with Magick.me, its Site, Products and Services, in order to deter piracy, the majority of content on Magick.me, its Site, Products and Services may not be downloaded by User for offline viewing or use. User verifies that they understand this and will need to remain connected to the Internet during the entire time User is accessing Magick.me, its Site, Products and Services. User requests to make any content on Magick.me, its Site, Products and Services downloadable for offline viewing or use will not be entertained.

Some Products and Services may contain sections and features that may require the use of additional software, particularly webinar conferencing or chat software (including but not limited to Zoom, Skype, Google Hangouts, YouTube, Discord and/or GoToWebinar). Company has taken efforts to utilize software or platforms that offer free packages or free introductory-level usage to the public, and that do not incur any additional charge for Users. However, Company does not offer any guarantee that Users will not incur charges from third parties for additional software or platforms used in conjuction with User's experience of Magick.me, its Site, Products and Services. Use of any third-party software or platform by Company to deliver Sites, Products, and Services does not constitute endorsement or partnership with companies that operate such software or platforms. User remains bound by these Terms while engaging with Company Products and Services while on these third-party platforms, even if User is not technically on Company Site at that time. User is also subject to the terms and conditions and privacy policy of any software or platforms used to engage with Company Products and Services, and is highly recommended to carefully read such terms and conditions and privacy policy before using such third-party software and platforms. Company makes no guarantee any software or platforms used to deliver Products and Services will be compatible with, functional on, and/or satisfactory to use through User's device(s) and Internet connection.

Users acknowledge and accept that the ability to view, use, interact with or consume in any way any purchased Products or Services may be limited in time and space.

Performance of Services

Purchased Services shall be performed or made available within the timeframe specified on Magick.me or as communicated before order submission. Company reserves the sole right to reschedule any Services at any time and for any reason, without any requirement to give advance notice to User of doing so.

Viruses, malware and device intrusion

While Company takes great pains to maintain data integrity, Company does not guarantee that Magick.me, its Site, Products and Services, or any downloadables offered in connection with Magick.me, its Site, Products and Services, will be free of infection or viruses, malware or other code that may have contaminating or destructive properties.

Company is not liable for any data loss, data theft, identity theft, viruses, malware, infection by any code with contaminating or destructive properties, system intrusion, intrusion of privacy, botnet infection, or any other undesirable consequences to your device(s) or person as a result of accessing Magick.me over an unsecured network, public or private.

Company is not liable for any data loss, data theft, identity theft, viruses, malware, infection by any code with contaminating or destructive properties, system intrusion, intrusion of privacy, botnet infection, or any other undesirable consequences to your device(s) or person as a result of using any third-party software or platform in conjunction with Magick.me, its Site, Products and Services, or to interact with webinars or content delivered by, in conjuction with, or in partnership with Magick.me, its Site, Products and Services.

You are responsible at all times for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output on any and all device(s) and over any and all Internet networks used to view or interact with Magick.me, its Site, Products and Services, or for using any third-party software or platform in conjunction with Magick.me, its Site, Products and Services, or to interact with webinars or content delivered by, in conjuction with, or in partnership with Magick.me, its Site, Products and Services, and for maintaining a means external to the site for the reconstruction of any lost or corrupted data.

Please note that Company does not handle or have access to any User credit card data, which is handled solely by our third-party payment processors.

Contract duration

Subscriptions

Certain Products and Services offered by Company offer a subscription option, under limited conditions and circumstances, which allows User to receive a Product or Service continuously or regularly over a determined period of time.

Paid subscriptions begin on the day successful receipt of payment is verified by the Company.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions or termination. What constitutes timely manner shall be determined at the sole discretion of Company.

Subscription options are only available if User selects Stripe as their third-party payment system for purchasing the Products or Services they are subscribing to. Subscriptions are not available for purchase with PayPal or cryptocurrency. Subscription charges are processed by Stripe. Subsequent subscription charges will be based on the initial subscription charge. User will be billed the same amount for each subsequent charge (at the time frequency they have selected—monthly or yearly) as they were at the initial subscription charge, unless initial payment was specifically discounted by coupon or other offer and it was stated in that coupon or offer that only the first charge, but no subsequent charges, would be discounted. If the price of a subscription option on a Product or Service increases, which Company reserves the right to do at any time and for any reason or no reason, any User that is already subscribed to that Product or Service will continue to pay the same amount that they agreed to at time of subscription, on the time frequency they agreed to, without their cost of subscription or frequency of payment for that specific Product or Service increasing. If User cancels their subscription to Product or Service, or Company terminates their subscription due to failure of payment or any other reason, and User then wishes to re-subscribe to the same Product or Service at a later time, they will be charged the full price for subscription at its current market rate, less any then-active and valid coupons or offers User may wish to participate in. If User's account has been suspended or terminated by Company due to breach of Terms, it is at Company's sole discretion whether User is allowed to re-subscribe or to in any way view or interact with Magick.Me, its Site, Products and Services.

Purchase of a subscription package to any Product or Service by User does not obligate Company in any way whatsoever to provide any additional Products, Service or content to User not already available to them at time of purchase, to afford them any special consideration or status, to guarantee them access to any and all live webinars, including the "Magick Without Tears: Office Hours" Product. Purchase of subscription package does not in any way constutute any form of contractual obligation with Company to continue to provide access to subscription, or to Magick.me, its Site, Products and Services, which is offered at Company's sole discretion.

Monthly subscription payments do not "bank" in User's account and cannot be paid forward or rolled forward into purchasing higher-priced subscription packages, or subscription packages paid on a different timeline. For instance, if a User pays for three months of a monthly subscription, at the hypothetical price of $49 a month, and then wishes to change his monthly subscription to the Product to a yearly subscription to the same Product, at the hypothetical price of $499 a year, and then wishes that the three $49 payments for the prior three months be credited towards and deducted from the $499 price of the yearly subscription, he may not do so. No User requests to "pay forward" or credit subscription fees in this or any other manner will be entertained.

Users may request that their subscription payment frequency be changed at any time, and will pay full price for the new package going forward. For instance, a User on a monthly subscription to a Product may request that they be changed to a yearly subscription to the same product. After doing so, they will not be charged any further monthly fees that are not already outstanding or in arrears; however, they will be charged immediately for a full year, to begin from the date of purchase.

In order to change subscription packages, Users must submit a request in writing to our official support desk at [email protected] Contacting Company through any other contact page, social media account, email, or number with a cancellation request will not be deemed notice to Company of such request. Subscriptions cannot currently be changed by Users in their account control panel on Site, other than cancellation. Although Company maintians its best efforts to respond to User requests in a timely manner, request of subscription change by User will in no way obligate Company to make such change or to make such change within any parameters or on any timeline not solely decided by Company, or guarantee date at which any subscription is effectively cancelled, initiated or modified from. Company does not pro-rate or offer refunds for unused time on any monthly, yearly or lifetime subscription plan if parameters of subscription plan are requested to be changed by User.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time either by the User in the logged-in section of their account, or by sending a clear and unambiguous termination notice to the Company, in writing, to our official support e-mail address at [email protected] Contacting Company through any other contact page, social media account, email, or number with a cancellation request will not be deemed notice to Company of such request. User shall be responsible for all cost of collection including reasonable attorney fees. Terminations shall take effect within 72 hours after the notice of termination has been received by the Company. Company does not pro-rate or offer refunds for unused time on any monthly, yearly or lifetime subscription plan, or for remaining payments in a installment plan.

Discontinued subscription packages

Prior to January 1, 2020, Magick.me offered a "lifetime" subscription package. This offering has been discontinued, although Users who purchased it prior to that date may maintain access to it, provided they do not terminate their account or their account is not terminated by Company due to breach of these Terms or any other reason. If User with a lifetime subscription terminates their account or has their account terminated for any reason, the lifetime deal and price will not be re-offered to them, and Company is under no obligation whatsoever to do so. No refunds are offered for this package under any circumstances. The lifetime package consists of all Magick.me courses offered as part of the "Start Learning Magick" package, consisting of individual courses that cost under $150 USD if purchased separately, in addition to multiple, specific add-on courses as defined below. The courses specifically defined as part of the lifetime package are: "Introduction to Chaos Magick," "Magick & Mysticism of Buddhism," "The 7-Day Magick Supercharger," "Hardcore Meditation: The 8 Limbs of Raja Yoga," "Entering the Enochian Universe," "Magick Without Tears: Office Hours," "Advanced Chaos Magick," "Magick and Art: Sacred Techniques, Sacred Quest," "Master the Tarot," "Unlock Your True Will," "Achieve Peak Mental and Physical Energy," "Introduction to Banishing Rituals," "Introduction to Astral Projection," "Master the I Ching," "Practical Psychic Protection," "Introduction to Lucid Dreaming," "Psychedelic Ritual Magick," "The Magician's Workshop." Future individual courses offered at under $150 USD if purchased separately may be included in pre-existing Lifetime packages at Company's sole discrection.

The price of Magick.me's Products and services, including subscription packages, is subject to change. Company reserves all rights to change prices at any time without the obligation to inform User. Users who have purchased a subscription package at a prior rates will still be charged the rate they purchased this package at, either monthly or yearly in accordance with the frequency of subscription charge they chose during purchase, provided they do not terminate their account. If User with a prior subscription rate terminates their account for any reason, the prior deal and price will not be re-offered to them should they choose to re-subscribe to Service, and Company is under no obligation whatsoever to do so.

Any discontinued subscriptions no longer offered for sale, either publicly or privately, remain fully bound by these Terms. Any use of these subscriptions whatsoever, any account associated with them, or with the Products and Services contained within them, including but not limited to account login or watching any part of any unit or webinar whatsoever, implies full acceptance of these Terms.

Addition of subscription packages

User understands and agrees that Company may offer additional subscription packages in the future, either for the same and/or different Products and Services, which may be offered either at the same and/or different prices and with the same and/or different frequencies of payment and which may or may not offer installment payment options. User understands and agrees that any current subscription package or installment payment plan they are actively enrolled in, or any subscription package or installment payment plan they have been enrolled in in the past, or any separate subscription package or installment payment plan they may purchase in the future, does not automatically entitle them to access part or all of the Products and Services of any other subscription package or installment plan, nor does it entitle them to discounts, special offers or special consideration towards the purchase of any other subscription package or installment plan. Company reserves all rights to change the terms, parameters, price, payment plan, frequency of payment, or included Products and Services to any past, present or future subscription package or installment plan, either discontinued, yet-to-be offered, or currently offered through Magick.me, its Site, Products and Services, in any way whatsoever, for any reason whatsoever, or for no reason, without any obligation to inform User of any changes, at its sole discretion.

Terms and conditions applying to extra features

If additional add-ons or features are made available for purchase in addition to, as part of, or during the delivery of any Products or Services, such extras are subject to the same Terms applicable to the main Product or Service, including all provisions of this document.

User rights

Right of withdrawal (EU Users only)

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Company an unequivocal statement of their intention to withdraw from the contract.

Statement of intention to withdraw must be submitted to our official support e-mail address at [email protected] Contacting Company through any other contact page, social media account, email, or number with a cancellation request will not be deemed statement to Company of such intention to withdraw.

To this end, Users may use the model withdrawal form available within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Company for all payments made to the Company, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Company, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Company is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

  • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;
  • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost.

User agreements in regards to the right of withdrawal

User agrees that by accessing even one unit of any Product consisting of digital content they have purchased from Company, they have given express consent to begin the performance of said digital content and acknowledge that their right of withdrawal under European Union law is thereby lost. User agrees that by purchasing any Service from Company, they have given their express consent for the performance of said Service, and acknowledge that their right of withdrawal under European Law is lost once the Service has been fully performed. If User fails to appear at the date, time, place and/or online venue or platform where Service is scheduled by Company to be rendered, User agrees that this constitutes full performance of the Service and that their right of withdrawal under European Union law is thereby lost.

Guarantees

Refund policy

Without prejudice to any applicable statutory rights, the Company grants Users, in limited conditions, the right to cancel certain purchases they may be unsatisfied with, and to obtain a refund, subject to the following terms and conditions:

Individual courses under $150 USD

For individual courses priced under $150 USD, purchased individually in a one-time, non-recurring payment outside of any recurring, ongoing subscription package ("Introduction to Chaos Magick," "Magick & Mysticism of Buddhism," "The 7-Day Magick Supercharger," "Hardcore Meditation: The 8 Limbs of Raja Yoga," "Entering the Enochian Universe," "Advanced Chaos Magick," "Magick and Art: Sacred Techniques, Sacred Quest," "DEAL: Get Both Chaos Magick Courses for $11 Off!," "Master the Tarot," "Unlock Your True Will," "Achieve Peak Mental and Physical Energy," "Introduction to Banishing Rituals," "Introduction to Astral Projection," "Master the I Ching," "Practical Psychic Protection," "Introduction to Lucid Dreaming," "Psychedelic Ritual Magick"), you may request a refund if course does not meet your satisfaction.

This refund request must be made in writing to our official support e-mail address at [email protected] within the first 30 days after initial purchase. Contacting Company through any other contact page, social media account, e-mail, or number with a refund request will not be deemed notice to Company of such request. User shall be responsible for all cost of collection including reasonable attorney fees. After 30 days have passed, no refunds will be offered, regardless of whether any part of any Product or Service was viewed or not.

Individual courses above $150 USD

For individual courses priced above $150 USD, purchased individually in either:

  • a one-time, non-recurring payment outside of any recurring, ongoing subscription package
  • an installment payment plan consisting of a fixed and mutually agreed-upon number of payments, outside of any recurring, ongoing subscription package

("Magick.Me: The Adept Initiative"), you may request a refund if course does not meet your satisfaction, subject to the following terms, conditions and limitations.

This refund request must be made in writing to our official support e-mail address at [email protected] BEFORE watching any part of your fourth unit of the course (and/or its bundled add-ons) in the subscription, and within the first 45 days after initial purchase. Contacting Company through any other contact page, social media account, email, or number for a refund request will not be deemed notice to Company of such request. User shall be responsible for all cost of collection including reasonable attorney fees. After 45 days have passed, no refunds will be offered, regardless of whether or not the course was viewed.

For purchases made on an installment plan, initial purchase is defined as the date of the first installment payment only. Date of initial purchase is not modified by later payments.

A unit is defined as any individual video or audio segment of each course (and/or its bundled add-ons). This includes both pre-recorded video and audio units, as well as live webinar sessions offered through third-party video or audio conferencing providers, including, but not limited to, Zoom, GoToWebinar, Google Hangouts, YouTube, Discord and/or Skype.

Please note that some individual courses priced above $150 USD come bundled with additional courses ("The Fortuna Working"). Watching video and audio units of these additional courses also counts towards the User's total watched units.

After any portion whatsoever of three separate units have been watched, no refunds will be offered. Watching any more than ten seconds of any unit counts as having watched a full unit. While live webinar sessions may be conducted through third-party conferencing providers, as defined above, passwords to enter said sessions will be provided to students in specially marked Webinar Entry sections of course on the Magick.me site. Opening any Webinar Entry section counts as having watched a full unit.

For purchases made on an installment plan, only those installments that have been paid will be refunded. User will not be liable for remaining unpaid installments.

Subscriptions

For subscription packages ("Start Learning Magick"), you may request a refund if the subscription does not meet your satisfaction. This includes Monthly, Yearly and Lifetime packages.

This refund request must be made in writing to our official support e-mail address at [email protected] BEFORE watching your seventh unit of any course included in the subscription package ("Introduction to Chaos Magick," "Magick & Mysticism of Buddhism," "The 7-Day Magick Supercharger," "Hardcore Meditation: The 8 Limbs of Raja Yoga," "Entering the Enochian Universe," "Magick Without Tears: Office Hours," "Advanced Chaos Magick," "Magick and Art: Sacred Techniques, Sacred Quest," "Master the Tarot," "Unlock Your True Will," "Achieve Peak Mental and Physical Energy," "Introduction to Banishing Rituals," "Introduction to Astral Projection," "Master the I Ching," "Practical Psychic Protection," "Introduction to Lucid Dreaming," "Psychedelic Ritual Magick," "The Magician's Workshop"), and within the first 30 days after initial purchase.

This refund request must be made in writing to our official support e-mail address at [email protected] within the first 30 days after initial purchase. Contacting Company through any other contact page, social media account, email, or number for a refund request will not be deemed notice to Company of such request. User shall be responsible for all cost of collection including reasonable attorney fees. After 30 days have passed, no refunds will be offered.

A unit is defined as any individual video or audio segment of each course. This includes both pre-recorded video and audio units, as well as live webinar sessions offered through third-party video or audio conferencing providers, including, but not limited to, Zoom, GoToWebinar, Google Hangouts, YouTube, Discord and/or Skype.

Watching any more than ten seconds of any unit counts as having watched a full unit. While live webinar sessions may be conducted through third-party video conferencing providers, as defined above, passwords to enter said sessions will be provided to students in specially marked Webinar Entry sections of courses on the Magick.me site. Opening any Webinar Entry section counts as having watched a full unit.

Please note that this refund policy applies only to new subscriptions, so that the User may try out Magick.me, its Site, Products and/or Services and see if Magick.me, its Site, Products and/or Services meets their needs. No refunds are offered for any additional months of the subscription, nor are they ever offered retroactively for any prior monthly, yearly or lifetime charges that fall outside of the scope of the subscription refund policy. Users can cancel at any time, but Company does not pro-rate or offer refunds for unused time on any monthly, yearly or lifetime subscription plan.

Users bear sole responsibility for monitoring and keeping current with their monthly credit card charges, for keeping their passwords and logins secure, and for their personal financial situation and financial decisions.

Refund process

Refunds are processed by third-party providers—Stripe, Paypal and/or your credit card company and bank. These systems usually return money to user accounts quickly. However, as we are not in control of this process, we cannot directly comment on times needed for money to transfer back into an account.

Refund exceptions

No refunds will be offered in the event of the User's termination due to violation of Acceptable use policy, Content policy or any other part of these Terms in letter or spirit. No refunds will be offered on any Products or Services purchased with cryptocurrency. No refunds will be offered, under any circumstances whatsoever, on any prior Lifetime subscription that User has already viewed more than six units within, or that was not purchased within the 30 days directly prior to any request to do so, as was explicitly agreed to by all purchasers of Lifetime package, by way of agreement with Terms, at time of purchase. No requests for refunds that fall under any of these exceptions will be entertained by Company.

Data Privacy

Privacy Policy

This Service may collect personal information from some Users. Please review our Privacy Policy, embedded below or available at this link, to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information.

Magick.me's Privacy Policy is embedded below. If your device does not load the embedded policy, you may view it separately at this link. The Privacy Policy is incorporated by reference and made a part of these Terms. Agreement to these Terms automatically includes full and binding agreement to this Privacy Policy.

Privacy Policy

Cookie Policy

Magick.me's Cookie Policy is embedded below. If your device does not load the embedded policy, you may view it separately at this link. Agreement to these Terms automatically includes full and binding agreement to this Cookie Policy.

Cookie Policy

General Data Protection Regulation compliance

Company has taken all necessary steps to ensure that Magick.me, its Site, Products and Services, and its subprocessors, are General Data Protection Regulation (GDPR) compliant. For details, please review our Privacy Policy as well as the Privacy Policy of Teachable, the service provider that hosts and runs the architecture of our Site.

California Consumer Privacy Act compliance

This Web site and its third-party tools process personal data. To find out more about the categories of personal information collected and the purposes for which such information will be used, please refer to our privacy policy at this link. In case of sale of your personal information, you may opt out by sending a request in writing to [email protected]

Communications

When you visit our Site, use any of our Products or Services, opt-in to our mailing list, or send us an e-mail, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site, Products and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by e-mail will satisfy all legal requirements that they be in writing and delivered to you. Company will have the right to disclose any e-mail sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Company, its customers, suppliers and Users. Any such notices may also include e-mails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial e-mails, you may unsubscribe following the instructions in any e-mail, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your account, confirmation of your registration for Products or Services, information about your progress, or other services that may be necessary to provide you with any one of our Products or Services.

If you provide your telephone number to us when you register for an account, opt-in to our mailing list or use other Products or Services on the Site, you expressly consent to receive direct sales calls and/or autodialed or prerecorded calls and text messages from Company at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify account and any use thereof; (ii) provide you with services associated with Magick.me, its Site, Products and Services, etc.; (iii) troubleshoot problems with your account (iv) resolve disputes; (v) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. We won’t share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Liability and indemnification

US Users

Disclaimer of Warranties

Magick.me, its Site, Products and Services are provided strictly on an “AS IS” and “AS AVAILABLE” basis. Use of Magick.me, its Site, Products and Services is at User's own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Company or through Magick.me, its Site, Products and/or Services will create any warranty not expressly stated herein.

Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that Magick.me, its Site, Products and Services, will meet User's requirements; that Magick.me, its Site, Products and Services, will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Magick.me, its Site, Products and Services are free of viruses or other harmful components. Any content accessed, streamed, downloaded or otherwise obtained through the use of Magick.me, its Site, Products and Services, is accessed, streamed, downloaded or otherwise obtained at User's own risk, and User shall be solely responsible for any damage to User's computer system or mobile device or loss of data that results from such download or User's use of Magick.me, its Site, Products and Services.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Magick.me, its Site, Products and Services, or any hyperlinked website or service, and the Company shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

Magick.me, its Site, Products and Services, may become inaccessible or it may not function properly with User's web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from Magick.me, its Site, Products and Services, content, operation, or use of Magick.me, its Site, Products and Services.

Because some jurisdictions, such as New Jersey, restrict or do not allow the disclaimer of warranties, or the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions Company's liability is limited to the greatest extent permitted by law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event will Company, nor its subsidiaries, directors, officers, employees, partners, co-branders, agents, suppliers, or affiliates, be liable for:

  • any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses arising out of (i) your access to or use of or inability to access or use Magick.me, its Site, Products and Services; (ii) any conduct or content of any third party on Magick.me, its Site, Products and Services; (iii) any content obtained from Magick.me, its Site, Products and Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), product liability, strict liability, or any other legal theory, or otherwise, whether or not Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Magick.me, its Site, Products and Services or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Magick.me, its Site, Products and Services;
  • any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from Magick.me, its Site, Products and Services;
  • any bugs, viruses, trojan hohollrses, malware, or the like that may be transmitted to or through Magick.me, its Site, Products and Services;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Magick.me, its Site, Products and Services; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Company, and/or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Company hereunder in the preceding 12 months, or the period of duration of this agreement between the Company and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Because some jurisdictions, such as New Jersey, restrict or do not allow the disclaimer of warranties, or the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions Company's liability is limited to the greatest extent permitted by law.

Indemnification

User agrees to defend, indemnify and hold harmless Company, its subsidiaries, affiliates, licensees, and licensors, and their officers, directors, agents, co-branders, partners, suppliers, contractors and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses, (including, but not limited to, legal and attorney's fees and expenses), resulting from or arising out of:

  • User’s use of and access to Magick.me, its Site, Product and/or Services, including any data or content transmitted or received by User, or any use of and access to Magick.me, its Site, Product and/or Services by any person, entity or bot using your account and password, including any data or content transmitted or received by any person, entity or bot using your account and password;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

EU Users

Indemnification

The User agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to Magick.me, its Site, Products and Services, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Company (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Magick.me, its Site, Products and Services have been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Company shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Company shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, investment losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Magick.me, its Site, Products and Services due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Company, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Company;

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Company’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Common provisions

No Waiver

The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Company reserves the right to interrupt Magick.me, its Site, Products and/or Services for maintenance, system updates or any other changes, without any obligation to inform User.

Company may also decide to suspend or terminate Magick.me, its Site, Products and/or Services altogether. If Magick.me, its Site, Product and/or Services is terminated, the Company will cooperate with Users to enable them to request the erasure of personal data or information in accordance with applicable law.

Additionally, Magick.me, its Site, Products and/or Services might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).

Availability, errors and inaccuracies

We are constantly updating Magick.me, its Site, Products and Services. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Magick.me, its Site, Products and/or Services without the Company’s express prior written permission, granted either directly or through a legitimate reselling program.

For information about the use of their personal data, Users must refer to the privacy policy of Magick.me, which is hereby declared to be part of these Terms.

Changes to these Terms

The Company reserves the right to amend, replace or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the User of these changes.

The continued use of the Service will signify the User’s acceptance of the revised Terms. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and must cease using it immediately.

Assignment of contract

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Company.

Contacts

All communications relating to the use of Magick.me, its Site, Products and Services must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Company with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of Los Angeles County, California. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

These Terms constitute the entire agreement between each User and Company governing the User's access to and use of the Site and its Services, and supersede and replace all prior agreements regarding its subject matter or that User and Company might have had regarding the Service.

The failure by a User or Company to exercise any right or to enforce any provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of these Terms will remain in full force and effect. It is the express will of Company and each User that these Terms and any applicable Terms have been prepared in English.

Dispute resolution

User specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these Terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Amicable dispute resolution

Users may bring any disputes to the Company, which will try to resolve them amicably. In the event of any controversy regarding the use of magick.me or the Service, Users are kindly asked to submit a complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Company’s support address at [email protected]

The Company will process the complaint without undue delay and within 21 days of receiving it.

Venue of jurisdiction

The parties shall use their best efforts to resolve any disputes, controversies, and differences which may result from or in connection to these Terms, by mutual negotiation and agreement.

If an attempt at a mutual solution fails, each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of Los Angeles County, California. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

If User is a legal citizen of the EU, Norway, Iceland, Liechtenstein or France, alternative venues for arbitration may apply, as follows:

EU, Norway, Iceland or Liechtenstein: Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

France: Mediation

Within one year of submitting a written complaint to the Company regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link.

Germany: Dispute resolution procedure with Consumer conciliation boards

The Company does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

Definitions and legal references

Magick.me

The brand vertical and Site "Magick.me," operated by Ultraculture Incorporated, a registered California corporation, and located at www.magick.me and all connected subdomains, including but not limited to free.magick.me, blog.magick.me and tools.magick.me, as well as all Products, Services, and Content offered in connection with Site, either available for purchase or accessible without purchase required, and delivered either within Site architecture or through third-party video conferencing platforms or other software or platforms (including, but not limited to, webinars delivered in connection with Site, its Products and Services via Zoom, Skype, YouTube, GoToWebinar, Anymeeting, Google Hangouts or any other platform or medium), as well as the e-mail list, blogs, podcasts, videos, social media pages or posts (including on Facebook, Instagram, Twitter, LinkedIn, Disqus or any other service), chat rooms (including on Discord), or any Products and Services delivered in live, in-person events, meet-ups, seminars or other programs. While Magick.me is here summarized as a unique brand vertical for purposes of descriptive convenience, it is not to be construed as in any way legally independent or separate from Ultraculture Incorporated.

Agreement

Any legally binding or contractual relationship between the Company and the User, governed by these Terms.

Company (or We, Us)

Indicates Ultraculture Incorporated, a registered California corporation located at 2140 N Hollywood Way, Burbank, CA 91505, the legal entity that provides Magick.me, its Site, Products and Services to Users.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase a Product or Service at a discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Example withdrawal form

Addressed to:

Ultraculture Incorporated, 2140 N Hollywood Way #10791, Burbank, CA 91505-0791 [email protected]

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

  • Ordered on:_____________________________________________(insert the date)
  • Received on:_____________________________________________(insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date:_____________________________________________

(sign if this form is notified on paper)

Products

All goods and digital content available for purchase through Magick.me Site, either for an individual fee or included as part of a bundle, subscription package or installment payment plan with any other Product(s) or Service(s), or that is offered free of charge as a promotional or bundled item, including courses, seminars, webinars, live group calls, e-books, etc, whether delivered through Site or through third-party software or platforms, including but not limited to the following specific informational Products, along with any related content included as part of Products, including videos, audio, podcasts, PDFs, handouts, quizzes, written material, images, logos, designs, etc., all of which can be viewed on the main Magick.me site and which are delivered to User digitally, without shipping of any physical component, considered to consist of digital content for the purposes of the right of withdrawal under European Union law:

• "Start Learning Magick" (Monthly Subscription)

• "Start Learning Magick" (Yearly Subscription)

• "Start Learning Magick" (Lifetime Subscription, discontinued)

• "Introduction to Chaos Magick"

• "Magick & Mysticism of Buddhism"

• "The 7-Day Magick Supercharger"

• "Hardcore Meditation: The 8 Limbs of Raja Yoga"

• "Entering the Enochian Universe"

• "Advanced Chaos Magick"

• "Magick and Art: Sacred Techniques, Sacred Quest"

• "DEAL: Get Both Chaos Magick Courses for $11 Off!"

• "Master the Tarot"

• "Unlock Your True Will"

• "Achieve Peak Mental and Physical Energy"

• "Introduction to Banishing Rituals"

• "Introduction to Astral Projection"

• "Master the I Ching"

• "Practical Psychic Protection"

• "Introduction to Lucid Dreaming"

• "Psychedelic Ritual Magick"

• "Magick.Me: The Adept Initiative"

• "Magick Without Tears: Office Hours"

• "Introduction to Angelic & Enochian Magick" (Discontinued)

• "The Fortuna Working"

• "The Magician's Workshop"

• "Give the Gift of Magick (Gift a Magick.Me Subscription!)"

As well as the following digital-only e-book:

• "9 Gates of Chaos Magick" (located at this link)

The following blogs:

• "The Magick.Me Arcane Library" (located at this link)

• "Ultraculture" (located at this link)

The following podcast:

• "Ultraculture With Jason Louv" (located at this link)

And the Magick.Me e-mail list and all related promotional downloads, which Users may opt into at this link.

No physical goods are currently sold or offered through Magick.Me, its Site, Products, or Services, but if at a later time physical goods are offered for sale, they shall be considered Products.

Services

The services provided by Magick.me as described in these Terms and on Magick.me, including but not limited to personalized 1:1 consultations, coaching or instruction between Magick.me instructors and/or coaches and Users, as arranged for on an individual basis, separate from Products, whether delivered through Site or through third-party software or platforms.

Site

The website Magick.me and all subdomains thereof, including but not limited to www.magick.me, free.magick.me, blog.magick.me and tools.magick.me.

Terms

All provisions applicable to the use of Magick.me, its Site, Products and Services, as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Magick.me, its Site, Products and Services.

Latest update: January 5, 2020.