1.1 The Website is provided by Global Magic Futures Ltd trading as magicfuture.com (“Magicfuture.com” or “we” or “Us”) whose address is Home Farm Stables, The Berkswell Estate, Meriden Road, Berkswell, CV7 7SL, UK (Email firstname.lastname@example.org, Telephone: +44 203 1375343)
2.1 “Business Day” means a day on which banks are generally open in the City of London not including a Saturday or Sunday.
2.2 “Subscriber” means either an individual (i) who has paid to subscribe to the Website or (ii) who is permitted to subscribe to the Website without charge as a result of its employer’s paid corporate subscription to the Website or (iii) who has agreed to a free trial period with the Website all pursuant to the “Fees and subscription” section below.
2.3 “User” means a Visitor or a Subscriber.
2.4 “Visitor” means anyone visiting or using the Website who is not a Subscriber.
3.2 Only Subscribers are entitled to access areas of the Website restricted to Subscribers. If you wish to become a Subscriber, and make use of the Services available only to Subscribers, you must read this Agreement and indicate your acceptance during the subscription process.
5. Use of Service and Termination
5.1 We reserve the right at our sole discretion to withdraw or vary the Website and the Services and/or to suspend or terminate your access to the Website and the Services at any time without notice and we shall not be liable to you if the Website or the Services are unavailable, either in whole or part, at any time for any reason whatsoever including the suspension or termination of your account.
5.2 Notwithstanding clause 5.1 above, we reserve the right to withdraw or vary the Website and the Services and/or to suspend or terminate your access to the Website and the Services at any time without notice where (by way of example only and without limitation) (i) any event beyond our control prevents us from being able to provide the Website or the Services (ii) we determine at our sole discretion that you are in breach of the Agreement.
6. Magicfuture.com User Conduct
6.1 You agree not to use this Website:
- To falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- To upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
- To upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) using the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using the Website to collaborate with people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to team lists, distribution lists, or group aliases.
- To upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- To upload, post, email, transmit or otherwise make available any material that is offensive.
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
- To interfere with or disrupt the magicfuture.com service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
- For any illegal purpose whatsoever, including but not limited to conspiring to violate laws.
7. International Use
Given the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Access to the Service
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained on the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
10. Monitoring and Enforcement
10.1 While we have the right to monitor activity and content associated with the Website, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website you may be exposed to content that you find offensive or objectionable. You can contact us at email@example.com to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right at our sole discretion not to take any action.
10.2 Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
11. Fees and Subscription
11.1 You agree that we reserve the right to charge for the Services or any part of them and to change any applicable fees from time to time at our sole discretion.
11.2 You agree to pay the fees and any other charges that we have notified you of and you have agreed in connection with your use of the Services or any part of them (including all and any applicable taxes) at the prices in effect when the charges were incurred. Subscription fees will be charged at the beginning of your subscription. Thereafter your subscription will renew automatically on a monthly or annual basis in line with the length of your initial subscription period and the appropriate subscription fees will be charged on the date of the renewal of the subscription. We will bill all charges automatically to your nominated credit, debit or charge card. Any price increases we charge for use of the Services or any part of them will not apply to a Subscriber until the Subscriber’s current monthly or annual subscription period, as appropriate, has expired.
11.3 Payment can be made by the methods stated on the Website. You warrant and represent that the credit card or debit card that is being used is yours. All credit, debit and charge card transactions may be subject to validation checks and authorization by the card issuer.
11.4 We will take all reasonable care to keep the details of your payment secure. However, save where we have acted negligently we cannot be held liable and disclaim all liability howsoever arising for any loss you may suffer if a third party gains access to any data you provide when accessing or making a payment through the Website.
11.5 From time to time we may offer a free trial period to access areas of the Website restricted to Subscribers. When signing up to the free trial period the User will be required to provide credit or debit card payment details and select either a monthly or annual subscription (the “Designated Subscription”) at the prices offered at that time. At the end of the trial period the User’s credit, debit or charge card will be debited with the price of the Designated Subscription and the Designated Subscription will automatically renew in accordance with clause 11.2 unless and until the User cancels its subscription.
11.6 Under English law you are entitled to cancel your subscription within 7 working days of the commencement of your subscription. If you decide to exercise this entitlement the subscription fee paid by you will be refunded within 30 days. Your subscription period commences on the date you input your card details in order to start the free trial period, if any.
11.7 Under English law you are entitled to cancel your subscription within 7 working days of the commencement of your subscription provided that we have not yet begun to make the Services available to you at that stage. If you decide to exercise this entitlement the subscription fee paid by you will be refunded within 30 days. Your subscription period commences on the date you provide us with your card details to become a Subscriber.
11.8 You may cancel your subscription at any time by contacting us at firstname.lastname@example.org or by going to the ‘Edit Profile’ tab on the Website. Please note that, subject to clause 11.7 above, no refunds will be made in respect of your subscription and payment of your next subscription fee (whether monthly or annually) will be taken and not refunded where we receive your notice of cancellation less than 3 Business Days before the date on which the automatic payment to renew your subscription is due.
12. Intellectual Property
12.1 All materials on this Website and the functionality and operation of the Website itself are protected by copyright, patent protection, trade marks and/or other intellectual property rights. These materials and the rights in these materials are owned by magicfuture.com, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trade marks, trade dress and other materials contained in this Website, the software used in the design and development of this Website and the functionality and operation of the Website itself. All rights are reserved, worldwide.
12.2 The name and mark Magic Future®, magicfuture.com logos, the Magic Future orb, the wording “take control, achieve more, love life”, the colour scheme, and all other Magic Future related marks depicted in this Website (“our Marks”), whether registered or unregistered, are trade marks or service marks of magicfuture.com. No licence or consent is granted to you to use our Marks in any way, and you agree not to use our Marks or any marks which are confusingly similar to our Marks without our prior express written permission.
12.3 The materials contained in this Website are displayed for informational and promotional purposes only. This Website is solely for private, personal, and non-commercial use. You may download or copy materials on this Website solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Website, any of the materials in this Website, or any related software. Any other use of materials on this Website, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without our prior express written permission, is strictly prohibited.
12.4 Magicfuture.com respects the intellectual property rights of others, and requires that all users of the Website do the same. We will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Website privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted, or copied on the Website in a way that constitutes copyright infringement, please notify us by email to email@example.com with the following information:
- information reasonably sufficient to permit us to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted;
- identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- identification of the material that you claim is 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 us to locate such material, including if possible the name of such work, and where such material may be found on the Website (please be as detailed as possible so that we can actually find the material that you claim is infringing);
- a statement by you that you have a good faith belief that the disputed use of the material 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Disclaimer of Warranties
15. Limitation of Liability
16. External Websites
16.1 This Website may contain links to other websites (the “External Websites”). Magicfuture.com is not responsible for the availability of, or any content or material contained in, or obtained through, any External Websites. Magicfuture.com does not, by linking to an External Website, or by making reference to any third-party information, products or services (the “Third Party Materials”) endorse those External Websites or Third Party Materials. Any questions or comments relating to any External Website should be addressed to the operator of those sites. Magicfuture.com accepts no responsibility for the External Websites or any loss, damage, claim, cost or liability that you may suffer as a result of your use of the External Websites. Your use of any External Websites will be subject to the terms and conditions of use of those External Websites.
16.2 No linking to this Website is permitted without magicfuture.com’s express prior written permission.
17. Governing Law
18. Refer and Earn program
By signing up for the Magic Future Refer and Earn program (“the Program”) you agree to the following terms of service:
18.1 You are solely responsible for reporting any income or other tax information required by your tax authority and you indemnify Magic Future from any tax liability arising as a result of income you may generate from the Program.
18.2 You agree to be bound by the separate Terms and Conditions governing use of your Magic Future pre-paid Mastercard, together with any charges and restrictions arising as a result of using the card.
18.3 We will credit your Magic Future pre-paid card at monthly intervals with 25% of subscription revenue generated from people you have referred to the site. This will continue for as long as the referral makes subscription payments to Magic Future, whether annual or monthly payments. You will only be credited with this referral fee when you have used the appropriate tracking links provided. Magic Future will not credit referral subscriptions which are generated outside the Program and its tracking links.
18.4 Your card will be credited with the 25% referral fee no sooner than one month and no later than two months after the referred subscriber has made their first payment to Magic Future to allow for any chargebacks or subscription cancellations. We reserve the right to suspend payment indefinitely subject to validation of any payments due.
18.5 If you choose to donate your referral income to the Magic Future Foundation you agree to waive any rights to the income and agree that the money may be used by The Magic Future Foundation for its charitable purposes. If at a later date you decide to take the income yourself and amend your choice through the Website, you will only be entitled to receive referral income generated from the point at which you opt in to receive the income and will have no entitlement to income previously generated and donated to the Magic Future Foundation.
18.6 You agree that you will only distribute referrals using the links provided and that you will only do so to a natural person through personal forms of communication and not via legal entities.
18.8 Magic Future reserves the right to terminate the Program or amend the scheme details, including but not limited to the referral rates paid, at any time.
18.9 Fraudulent use of the Program may result in the loss of accrued Refer and Earn income and the termination of the User’s account or access to the Website.
18.10 By agreeing to these terms and conditions you confirm that you are legally able to join the Program in accordance with the laws and regulations applicable in your country of residence.