We are excited that you have decided to use Indistinguishable From Magic and its products and services. These Terms of Use and Service (“Terms”) govern our relationship with you including but not limited to your use of and interaction with all desktop and mobile websites, mobile applications, and other services, such as but not limited to e-mails, all of which are provided by Indistinguishable From Magic (collectively, “Services”). Unless we specifically state otherwise, any new features, functionalities or services provided on or through the Services (whether through a website, mobile application or otherwise), as also part of the Services governed by these Terms.
The Services are operated by and provided by INDISTINGUISHABLE FROM MAGIC, INC. (“IFM,” “we,” “us,” or “our”). By accessing or using the Services, whether through a personal computer, mobile device or any other means, or submitting any content for publication or distribution, you agree to be bound by these Terms. If you do not agree with the Terms, then do not use the Services or submit any content. These Terms form a legally binding contract between you and INDISTINGUISHABLE FROM MAGIC, Inc. so please read them carefully before registering, signing up or using the Services or submitting any content. Please also read and review our Privacy Policy, which is incorporated herein by reference, to learn how we handle information when you use the Services. You agree that we can collect, use, and share your information consistent with that policy and the Terms herein.
IFM is growing and changing every day so the Terms are subject to change by IFM at any time. The most current version of the Terms can always be viewed through our Services and you will know which is the latest set of Terms based on the “Effective Date” identified. If you continue to use the Services or submit any content after the latest Effective Date, we assume that you have accepted the new Terms.
No one under the age of 13 is permitted to create an account or use the Services. You may use the Services solely for personal and non-commercial purposes. You cannot use the Services to make a living or for any other purpose or in any other manner unless you enter into a separate written agreement with us that says you can. Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply.
By using the Services, you state and represent that (a) you can form a binding contract with IFM and agree to the Terms; (b) you are over the age of 13 and if you are not of legal age to form a binding contract that you are using the Services under the supervision of a parent or guardian who agrees to be bound by these Terms; (c) you are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; and (d) you will comply with these Terms and all applicable state, local, national, and international laws, rules and regulations.
If you are using the Services on behalf of a business or some other entity, you state and represent that you are authorized to grant all licenses set forth in these Terms and agree to these Terms on behalf of that business or entity.
In order to comprehensively cover your community, the Services contain and provide information on businesses, establishments, public services and other third parties, as well as news, feature stories, images, video, audio and other materials. The Services may provide you with other ways to access and use such information and materials. By way of example, and not limitation, we may provide you with the option to receive e-mails or notifications from us and to bookmark our items or information in other social networking services, sites and mobile applications. While we work to ensure that everything meets our standards, IFM makes no guarantee that any information provided or accessed on or through the Services is accurate, current or complete. Your use of the information we provide or that you obtain on or through the Services, through any medium, is at your own risk. If you think something does not seem accurate or correct or raises any concerns, please let us know. You agree that you will not hold IFM liable for any inaccurate, incomplete, misleading, outdated or missing information provided on or through the Services.
You also acknowledge that there may be interruptions in the Services that are beyond IFMs control. While we use reasonable efforts to ensure that IFM is constantly available, it may from time to time become unavailable for any reason. You understand and acknowledge that due to circumstances both within and outside of IFM’s control, access to IFM and its Services may be interrupted, suspended or terminated. IFM retains the right, at its sole discretion, to deny service or access to IFM and its Services to anyone or an account at any time for any reason.
You may browse our Services without registering but as a condition to certain aspects of the Services and in order to access or use the entirety of the Services, you will need to register for an account. Your account is for your sole, personal use only. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If someone else would like an account, then he or she can sign up for himself or herself. You are solely responsible and liable for activity that occurs on your account. We will ask you for certain information when registering for the Services, including your name, e-mail address, and a password to be used for logging in to and accessing the Services. We ask that the e-mail address you provide when you register be a valid e-mail address for you. You are responsible for the security of and maintaining the confidentiality of your password and will be solely liable for any use or unauthorized use under such password. If you share a computer with others, we encourage you to prohibit your Internet browser from automatically saving your password.
IFM reserves the right and may, in its sole discretion, refuse to offer the Services to any person or entity and may change its eligibility criteria at any time.
IFM seeks to allow you to have fun and to create, upload, share, post, distribute, send, receive and store information and content including photos, text and other materials and information. We will refer to all of this as “Your Content.” When you create, upload, share, post, distribute, send, receive and any of Your Content to the Services, you retain whatever ownership rights in that content you had to begin with. However, by uploading, sharing, posting, sending, or receiving Your Content through the Services, you grant IFM – and any of IFM’s contractors and licensors with respect to any of Your Content you provide to such contractors and licensors as a result of your use of the Services – a perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to access, redact, republish, host, store, use, display, reproduce, publish, copy, perform, modify, adapt and distribute Your Content, and your user name, including, without limitation, any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you. We may also use your name, likeness, publicly accessible biographical data and any other information in connection with such use of Your Content. You acknowledge that our use of Your Content may include licensing Your Content to third parties and/or using Your Content for advertising purposes. In no event will we be required to seek your approval or provide you with any compensation in connection with any such use. You represent and warrant that Your Content complies with these Terms and that nothing contained within Your Content would require us to seek permission of a third party in order to use Your Content as described here in these Terms.
IFM expects that all of its users be respectful of others and thus ask that all users act in a civil manner and refrain from any inappropriate, illegal or disrespectful use of the Services as described further herein. While we are not required to do so, we may, at any time, access, review, screen, and/or delete Your Content at any time and for any reason, including if we believe Your Content violates these Terms or any other applicable law, rule or regulation. Thus, although IFM is under no obligation to screen or monitor any content, we may review content from time to time at our sole discretion to determine compliance with these Terms. IFM will make all determinations as to what content is appropriate at its sole discretion and may include, edit or remove any content at any time, for any reason, and without notice. Much of the content provided on the Services is produced or provided by our users or other third parties, like you. Thus, IFM takes no responsibility for any content that others provide through the Services or the actions of any user of IFM including, but not limited to, that user’s actions at any event that may be posted, promoted or otherwise made available through IFM.
IFM is under no obligation to enforce these Terms on your behalf, or anyone else’s behalf, or based on a claim by you that another user has breached any of these Terms. While we encourage you to let us know if you believe that another user has breached these Terms or has engaged in other unacceptable behavior by reporting it to legal@ifmagic.io, IFM will make the sole determination, in IFM's sole discretion, as to whether Your Content or any other content is acceptable for the Services.
By using the Services, you agree that you will not hold IFM responsible or liable for any content or information from other users that you access on or through or rely on as a result of your access or use of the Services.
You are solely responsible for Your Content that you post on the Services or transmit to other users. Without limitation, you agree that Your Content that you post or transmit to other users using the Services will not include any content that (a) is defamatory, abusive, obscene, profane or offensive; (b) infringes or violates another party’s intellectual property rights (such as music, videos, photos, content, trademarks or other materials that you do not own, or for which you do not have written consent from the owner of such materials to post on the Services); (c) violates anyone’s right of publicity or right of privacy; (d) is threatening or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) promotes or encourages violence; (f) is inaccurate, false or misleading in any way; (g) is illegal or promotes any illegal activities; (h) promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures; (i) contains “masked” profanity (e.g., F@&#) (j) 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; or (k) contains or links to any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You acknowledge that by using the Services, you will have access to content and communications from a variety of sources and IFM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such content. By using our Services, you acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable. If you object to this possibility, you should not use the Services.
You are prohibited from using spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. You are not permitted to use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Services to any third party.
The sharing, distributing, posting or uploading of content pertaining to an event or other content may require a fee. All fees paid to IFM are non-refundable, even if we remove the event or other content. Payment may be made by valid credit card or by another payment method allowed by IFM. By making a purchase or agreeing to pay a given fee, you authorize IFM to bill your selected and entered payment method. All amounts are in United States dollars, and any applicable tax is additional to the fee to be charged. All classified advertising and events posted to the Services are subject to these Terms, in addition to, but not limited to, any other terms or conditions made available at the time the event or given content is posted.
IFM does not review or confirm the accuracy of the events or other content promoted, posted or offered on the Services. You agree that any dispute between you and any party with whom you interact as a result of or in connection with your use of the Services, including any events posted or promoted, does not involve IFM, and you hereby release IFM from any claims. You further agree to indemnify IFM from any claims, based on or resulting from your, or anyone else’s, acts or omissions in connection with content on the Services including any events. You further agree that your attendance or any other interaction with any event or other posted or promoted activity on IFM or the Services is solely in your control and at your own discretion and you are not nor will ever be acting on behalf of IFM.
You agree and represent that for any of Your Content or any event that you post on the Services, you are responsible for complying with all applicable laws and regulations. As a reminder, you are strictly prohibited from including, promoting or as applicable otherwise referring to any of the following (which is not an exhaustive list) in Your Content shared with the Services:
obscene material or pornography;
offer or solicitation of illegal prostitution;
weapons, explosives, fireworks, and related items;
controlled substances or illegal drugs, substances and items used to manufacture controlled substances, and drug paraphernalia;
prescription drugs and medical devices;
blood, bodily fluids, or body parts;
restricted or regulated plants and insects;
pesticides or other hazardous substances;
illegal telecommunications equipment;
stolen property, or property with serial number removed or altered;
false identification cards, items with police insignia, citizenship documents, or birth certificates;
counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them;
content that infringes any third party’s intellectual property rights including, but not limited to, any trademarks, copyrights or patents; and
bulk e-mail or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
We seek to ensure that IFM maintains and provides a safe and friendly place. In addition to all rights and remedies available to IFM under these Terms and any applicable law or regulation, IFM may suspend, limit or terminate your account, or all or a portion of your access to the Services, at any time with or without notice and with or without cause.
We reserve the right and may refer any information on illegal activities, including your identity, to the proper authorities or take any other action we believe to be in the interest of IFM and users of the Services.
Your privacy, including the privacy of your personally identifiable information, is very important to us. For more details on what information we collect and how we use it, please read our and review our Privacy Policy. By using our Services, you agree that IFM can collect, use, and share your information consistent with these Terms, and the Privacy Policy. IFM’s Services are not directed at children, and IFM will not knowingly collect personally identifiable information from any child under the age 13.
In order to provide you with as much relevant information as possible, the Services may contain links to other websites, applications or services that are not provided by IFM. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Services by a party other than IFM. When you leave our Services, please make certain to read the terms and conditions and privacy statements of each and every website you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Services, we do not endorse and are not affiliated with any such third parties.
The Services contain content specifically provided by IFM or its partners or contractors. Such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree to abide by and to maintain all intellectual property notices, information, and restrictions contained in any content access through the Services.
IFM grants you a personal, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services solely in the ways that are permitted under these Terms and our usage policies. You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software unless you have our written permission to do so. All rights not granted under these Terms of Use are exclusively reserved by IFM. If you want to use something but think it might belong to IFM, you must ask IFM before taking or using it.
THE SERVICES, INCLUDING ALL CONTENT AND MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IFM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR WITH RESPECT TO THE CONTENT ON THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE USER EXPERIENCE, FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, TIMELY OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS OR THAT ANY CONTENT, USER CONTENT,, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
IFM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR ANY THIRD PARTY CREATES, UPLOADS, SHARES, POSTS, SENDS, RECEIVES, STORES AND/OR DISTRIBUTES ON OR THROUGH THE SERVICES OR THAT IFM PROVIDES FROM ANOTHER THIRD PARTY. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH IFM WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT POSSIBLE, IFM AND ITS MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS OR OMISSIONS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IFM OR ITS MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS AND SUPPLIERS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF IFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR THE AVOIDANCE OF DOUBT, AS USED IN THIS SECTION, “WE” AND “OUR” INCLUDES IFM AND IFM’S MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS AND SUPPLIERS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the lesser of (a) the amount paid by you for your use of the Services during the prior twelve (12) months or (b) ten dollars ($10).
IFM cannot and will not be held responsible if you disregard these Terms and/or fail to review and understand them. You agree to defend, indemnify and hold harmless IFM, its officers, directors, members, employees, licensors, licensees, business partners and agents, and their respective heirs, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (a) any breach or alleged breach by you of any of these Terms, (b) Your Content, (c) your use of materials or features available on the Services (except to the extent a claim is based upon infringement of a third party right by materials created by IFM and used in strict accordance with these Terms) and/or (d) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Except to the extent they are preempted by United States federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these Terms or the subject matter thereof.
IFM seeks reasonably to attempt to resolve disputes with any users. If, however, a matter arises that cannot be resolved promptly between you and IFM, you agree that any disputes arising out of or relating to the Services, any IFM application, or these Terms, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in New York, unless the AAA or the arbitrator shall determine that venue in New York is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court.
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST IFM.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
Any claims asserted by you in connection with the Services must be asserted in writing to IFM within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
IFM honors the requirements set forth in the Digital Millennium Copyright Act (“DMCA”). We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If IFM becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that user’s account.
If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent at legal@ifmagic.io.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include the following: (a) the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (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 let us locate the material; (d) your contact information, including your address, telephone number, and an e-mail address; (e) a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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 copyright owner.
XIV. Electronic Communication
By accessing or using the Services, registering, sending an e-mail or otherwise communicating with IFM through the Services, you are communicating with IFM electronically, and you agree to receive electronic communication from IFM, by e-mail and by posting to the Services whether through a website, mobile application or other medium. You agree that any electronic communication from IFM satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to IFM or the Services, including, without limitation, by posting to the Services, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary.
You also acknowledge that IFM does not control the security of the Internet or other networks you may use to access IFM and the Services or to communicate with IFM. IFM is not responsible for the security of information that you choose to communicate with IFM and the Services while it is being transmitted. IFM is not responsible for any data lost during transmission.
The Services are controlled and operated by IFM. IFM makes no representation that any content on the Services is appropriate or available. You are solely responsible for ensuring that your access to, use of and/or sharing Your Content with the Services complies with all applicable laws, statutes and regulations of your jurisdiction, including, without limitation, export and import regulations.
IFM reserves the right, in its sole discretion, to terminate your access to the Services, or to modify or discontinue the Services, in whole or in part, at any time and without notice or cause. You agree that IFM will have no liability to you or to any third party for any termination, modification, or discontinuance of the Services.
If any part or provision of these Terms is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect the validity and enforceability of any remaining part or provision of these Terms.
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other part or provision of these Terms. Our rights and remedies under these Terms are cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.
If you have any questions or comments about our Terms or anything else, you may contact us at: hello@ifmagic.io.
These Terms of Use and Service were last updated in January 2023 (“Effective Date”).
