YUDO Magic - Amaze Someone!

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on September 28, 2007.

This Terms of Use Agreement sets forth the standards of use of the YUDOmagic.com website (the "Website"). By using the Website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Website in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable municipal, local, provincial, state, federal, or international law or regulation.

2. YUDOmagic.com Forum
As a service to Members, YUDOmagic.com may provide a venue for comment and discussion among Members (the "YUDO Forum"). You understand that all messages that may appear on the Website are the sole responsibility of the person posting the message. You, and not YUDOmagic.com, are entirely responsible for all information and material that you post on the Website. YUDOmagic.com does not pre-screen the content of any messages posted on the Website and does not guarantee the accuracy, integrity or quality of anything which may appear on the Website. You understand that by using the Website, you may be exposed to content that is inaccurate, objectionable or, perhaps, worse. Under no circumstances will YUDOmagic.com be liable for any errors or omissions in any postings or for any loss or damage of any kind incurred as a result of the use of any information contained on the Website.

3. Submissions to Website
The Website may permit you and other member users to submit videos or other materials ("Member Submissions") for posting on the Website. All material that you submit for posting will be considered publicly accessible. YUDOmagic.com does not screen in advance material provided by you or other member users for posting on the Website. Such posting does not create any express or implied approval by YUDOmagic.com of such material, nor does it indicate that such material complies with the terms of this Agreement.

4. Ownership of Member Submissions
You will be solely responsible for your own Member Submissions and the consequences of posting or publishing them. You represent that you are the sole owner of all rights in the Member Submissions posted by you (including all related copyrights) or that you have the absolute right to license their use as provided herein. You will retain ownership in the copyright in the Member Submissions submitted by you, however by submitting your Member Submissions to the Website for posting you hereby grant YUDOmagic.com a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display and distribute such Member Submissions, any portions of such Member Submissions, and any derivative works created from such Member Submissions, in print, electronic and other media, by any means now known or developed in the future. YUDOmagic.com may sublicense all of our rights and license or assign them to third parties. Neither YUDOmagic.com nor any third party using the Member Submissions in accordance with this Agreement will be obligated to pay you any royalties or other compensation for use of the Member Submissions.

5. Restrictions on Member Submissions
In connection with your Member Submissions and/or your use of the YUDO Forum, you will not knowingly or unknowingly post or submit to YUDOmagic.com for posting any material that: (a) violates or infringes any copyright, trade mark, trade secret, patent, statutory, common law or other proprietary rights of others; (b) any material that is libellous or slanderous; (iii) any material which is or contains anything obscene, pornographic or offensive, including links to such material; or (iv) uploads viruses or other contaminating or destructive features.

6. Monitoring of Member Submissions
YUDOmagic.com will have the right, but not the obligation, to monitor the contents of all Member Submissions and the YUDO Forum. YUDOmagic.com will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, YUDOmagic.com shall have the right to remove any material that YUDOmagic.com, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable. The decision by YUDOmagic.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of YUDOmagic.com in connection with or arising from the Member Submissions or the use of the YUDO Forum.

7. Indemnification
Member agrees to indemnify and hold YUDOmagic.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and disbursements, made by any third party due to or arising out of Member's use of the Website, the violation of this Agreement, or any infringement by Member, or other user of the Website using Member's account, of any intellectual property or any other rights of any person or entity.

8. Disclaimer of Warranties.
Your use of the YUDOmagic.com Website is at your sole risk. YUDOmagic.com is not responsible for the accuracy, usefulness, safety or intellectual property rights relating to any Member Submissions. The Website is provided by YUDOmagic.com on an "as is" and on an "as available" basis. YUDOmagic.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. YUDOmagic.com shall have no liability for any interruptions in the availability of the Website. YUDOmagic.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, and in such jurisdictions the above-referenced exclusion shall be inapplicable.

9. Limitation of Liability
YUDOMAGIC.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR YUDOMAGIC.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YUDOMAGIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE IN SUCH JURISDICTIONS SOME OF THE ABOVE LIMITATIONS SHALL BE INAPPLICABLE.

10. Modifications and Interruption to Service
YUDOmagic.com reserves the right to modify or discontinue the Website, or any part of the Website, with or without notice to the Member. YUDOmagic.com shall not be liable to Member or any third party should YUDOmagic.com exercise its right to modify or discontinue the Website or any part of the Website. Member acknowledges and accepts that YUDOmagic.com does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

11. Third-Party Sites
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that YUDOmagic.com is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and YUDOmagic.com is not responsible therein. We encourage all Members to review the terms of use and privacy policies of third-parties' sites.

12. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the vendors of such products ("Vendors") or collected from publicly available sources. While YUDOmagic.com makes every effort to ensure that the information on this Website is accurate, YUDOmagic.com makes no representations or warranties as to the accuracy or reliability of any information provided on the Website. In addition, YUDOmagic.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

13. Privacy
YUDOmagic.com takes the protection of our users' privacy seriously. Our Privacy Policy is available at www.yudomagic.com/about/privacy, and is incorporated by reference herein.

14. Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2007 2130567 Ontario Limited, carrying on business as YUDOmagic.com, with all rights reserved, or is the property of 2130567 Ontario Limited carrying on business as YUDOmagic.com and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of YUDOmagic.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of YUDOmagic.com.
All trademarks displayed on this Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors by YUDOmagic.com. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with YUDOmagic.com.

15. Termination
Either Member or YUDOmagic.com may terminate this Agreement at any time. Without limiting the foregoing, YUDOmagic.com shall have the right to terminate this Agreement and/or your use of the Website, in whole or in part, immediately in the event of any conduct by you that YUDOmagic.com, in its sole discretion, determines is unacceptable or in case you breach any term or condition of this Agreement.

16. Subscription Fees
If you pay or have paid a fee to gain access to any part of the Website, you acknowledge that such fees are not refundable under any circumstances, including, without limitation, the termination of this Agreement and/or your use of the Website or any part of the Website, or the unavailability or discontinuance of the Website or any part of the Website.

17. Copyright Infringement Claims
YUDOmagic.com respects the intellectual property of others, but does not independently confirm that Member Submissions or other material made available on the Website is provided by a valid rights holder. In the event that YUDOmagic.com becomes aware that any Member Submission or other material posted on or through the Website has been provided by a person who is not a valid rights holder, YUDOmagic.com may, if in its sole discretion it deems appropriate, remove such Member Submission or other material from the Website. If you believe that your work has been copied or posted on the Website in a manner that constitutes copyright infringement, please visit abuse.dreamhost.com for notification options. YUDOmagic.com will comply as required with the DMCA Takedown Process. You may also contact YUDOmagic.com directly at legal@yudomagic.com, and provide us with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
(c) 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 service provider to locate the material.
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining 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.
(f) A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. Governing Jurisdiction
The Website (excluding linked web sites) is operated and provided in the Province of Ontario. As such, YUDOmagic.com and your use of the Website is subject to the laws of the Province of Ontario and the laws of Canada applicable therein, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. YUDOmagic.com makes no representation that the Website is appropriate, legal or available for use in other locations. Access to the Website may not be legal by certain persons or in certain countries. Accordingly, if you choose to access the Website you agree to do so subject to the internal laws of the Province of Ontario and the laws of Canada applicable therein. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

19. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by YUDOmagic.com, in our sole discretion, to a third party in the event of a merger or acquisition. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

20. Entire Agreement
You agree that these terms and conditions referred to in this Agreement constitute the entire agreement between you and YUDOmagic.com pertaining to the subject matter of these terms and conditions, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between you and YUDOmagic.com. In the event of a conflict between these terms and conditions of sale and any other documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.

YUDOmagic.com is a registered business name of 2130567 Ontario Limited.