The following describes the terms on which Every Magician LLC offers you access to our services:
Welcome to the Terms of Service User Agreement for EveryMagician® and the Every Magician LLC group of websites. This agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of EveryMagician.com and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on September 26th, 2005 for new registering users and for all existing users who registered prior to September 26th, 2005.
1.0 Agency vs Directory.
EveryMagician® is a full service talent agency based in Las Vegas, Nevada. Our website acts as a venue to allow anyone to buy, and sell live entertainment services. Some performers in the Directory (paid featured listings) have their contact information available, while others (free listings) do not. A User looking to purchase entertainment utilizing our service has a choice: They can either contact featured performers directly by searching the Directory, or they can have our talent specialists find and book the best available performer(s) for their event(s).
When a User contacts a performer directly through our online Directory, Every Magician LLC is not involved in the actual transaction between the buyer and the seller. While we do our best to pre-screen our Magicians in the Directory, when you contact a featured performer directly, Every Magician LLC has no control over the quality, safety or legality of the performers, the performance, items and services advertised, the truth or accuracy of the listings, or the ability of sellers to sell services. We cannot ensure that a buyer or seller will actually complete a transaction.
When you book entertainment by contacting Every Magician LLC directly, we guarantee the entertainment we provide.
In the event that you have a dispute with one or more EveryMagician® Members or users, you release Every Magician LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
1.2 Information Control.
We do not control the information provided by featured Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Every Magician LLC is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, Every Magician LLC may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.4 Feedback Integrity.
You may not take any actions that may undermine the integrity of the EveryMagician.com feedback system. We may limit the number of client feedback reviews you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of 0 (zero), your EveryMagician.com membership may be suspended. If you engage in the practice of slander, foul language, threats and/or threatening language, EveryMagician® has the right to remove or edit your feedback. EveryMagician® also has the right not to edit or remove your feedback. All feedback will be published live on the EveryMagician.com Site at the discretion of Every Magician LLC.
1.5 Feedback Export.
You acknowledge that your feedback consists of comments left by other Members and users and a composite feedback number compiled by EveryMagician, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating booking between EveryMagician® Members and users, you agree that you shall not market or export your EveryMagician® feedback rating in any venue other than a Every Magician LLC operated website.
5.2 Feedback Import.
We do not provide you the technical ability to import feedback from other (non-Every Magician LLC operated) websites to EveryMagician.com because a composite number, without the corresponding feedback does not reflect your true online reputation within the EveryMagician® community of Members and users.
2.0 Limitation of Liability.
Under no circumstances, including, but not limited to, negligence, shall Every Magician LLC be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss or profit, arising out of the use, or the inability to use, the materials on this site, even if EveryMagician® or and Every Magician LLC authorized representative has been advised of the possibility of duch damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.
You and Every Magician LLC are independent contractors, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Every Magician LLC. Attn: Legal Department, 3152 Cristobal Way, Las Vegas, Nevada, 89117 (in the case of EveryMagician®) or to the e-mail address you provide to Every Magician LLC during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to EveryMagician LLC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Every Magician LLC to collect our fees and/or recover damages for, or obtain an injunction relating to, the EveryMagician.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Las Vegas, Nevada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Every Magician LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Las Vegas, Nevada necessary to protect the rights or property of you or Every Magician LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
8.0 Advertising Policy
We reserve the right to edit or remove any listing or ad at any time for any reason.
8.1 Individual Performers and Acts only
No outside agencies are allowed to advertise in the directory. Listings and ads must advertise individual acts only.
8.2 Refund Policy for Advertising in the Directory
We offer no refunds for upgraded or paid listings after five days. If in the first five days of your upgraded membership (or paid listing renewal date) you decide to cancel your listing, your money will be refunded minus a charge of 10% of the total subscription cost of your listing to cover payment processing fees.
8.3 Automatic Renewal of Paid Listings
Paid listings automatically renew. Unless you manually cancel your paid listing in your user area or notify us in writing, a paid listing will automatically renew when the initial term expires. If you pay through Paypal your PayPal account will automatically be charged.
9.0 Cancellation Policy for Performances
Cancellations of booked entertainment made up to 30 days prior to the Show Date will result in a service cancellation fee of ten percent (10%) of the Total Fee. If a Purchaser cancels between 30 days prior and the Date of Show, the Purchaser shall be liable for fifty percent (50%) of the Total Fee. If a Purchaser fails to cancel as per Service Agreement or Purchaser fails to use the entertainment or items provided by Every Magician LLC as per Service Agreement, Purchaser shall remain liable for the amount of the Total Fee.
The services hereunder are offered by EveryMagician®, an Every Magician LLC company, located at 3152 Cristobal Way, Las Vegas, Nevada, 89117. If you are a Nevada resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.