TERMS OF SERVICE
- ACCEPTANCE OF TERMS
SpellsWizard.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing or using SpellsWizard.com you unreservedly agree to these Terms of Service. You can review the most current version of the TOS at any time at:
- DESCRIPTION OF SERVICE
SpellsWizard.com provides an online informational and interactive database related to spells, charms, potions, amulets, talismans and magic, and other specially developed tools and utilities (the "Service"). You understand and agree that the Service is subscription based and that these subscriptions are necessary for SpellsWizard.com to provide the Service. You also understand and agree that the service may include certain communications from SpellsWizard.com, such as service announcements, administrative messages and updates, and that these communications are considered part of SpellsWizard.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SpellsWizard.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that SpellsWizard.com assumes no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications, or your inability to access the Service for any reason.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- OUR REGISTRATION OBLIGATIONS
In consideration of your use of
the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data"); (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete; and (c) provide funds to cover your subscription
payment according to the subscription terms. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or SpellsWizard.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, or you lapse in your subscription payments,
SpellsWizard.com has the right to suspend or terminate your account
and refuse any and all current or future use of the Service
(or any portion thereof).
Registration Data and certain
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify SpellsWizard.com of
any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your
account at the end of each session. SpellsWizard.com cannot and will
not be liable for any loss or damage arising from your failure
to comply with this Section.
- MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not SpellsWizard.com, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise
make available via the Service. SpellsWizard.com does not control
the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under
no circumstances will SpellsWizard.com be liable in any way for any
Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in
c. impersonate any person or entity, including,
but not limited to, a SpellsWizard.com official, host, or falsely
state or otherwise misrepresent your affiliation with a person
d. manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make
available under any law or under contractual or fiduciary
relationships (such as proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. 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;
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;
i. disrupt the normal
flow of dialogue or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or
unintentionally violate any applicable local, state, national
or international law, including any regulations having the
force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that SpellsWizard.com does not
pre-screen Content, but that SpellsWizard.com and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via
the Service. Without limiting the foregoing, SpellsWizard.com and
its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created
by SpellsWizard.com or submitted to SpellsWizard.com.
You acknowledge and agree that SpellsWizard.com may
preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
SpellsWizard.com, its users and the public.
You understand that the technical processing
and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
the global nature of the Internet, you agree to comply with
all local 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 Kingdom or the country in which you
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You agree that any lawful Content submitted to and subsequently used by SpellsWizard.com, in accordance with the TOS, becomes the legal property and copyright of SpellsWizard.com. This means that you grant SpellsWizard.com the following world-wide, royalty free, exclusive and irrevocable licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service, or as SpellsWizard.com deems fit, in perpetuity.
"Publicly accessible" areas of the Service
are those areas of the SpellsWizard.com network of properties that
are intended by SpellsWizard.com to be available to the general
public either freely or by subscription.
You agree to indemnify and hold SpellsWizard.com, and
its subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of
- NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service. You acknowledge that doing so may result in suspension of the Service, civil liability and criminal prosecution.
- GENERAL PRACTICES REGARDING USE AND STORAGE
that SpellsWizard.com may establish general practices and limits
concerning use of the Service, including without limitation
the maximum number of postings or other uploaded Content will
be retained by the Service, the maximum disc space that will
be allotted on SpellsWizard.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that SpellsWizard.com has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that SpellsWizard.com reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that SpellsWizard.com
reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without
- MODIFICATIONS TO SERVICE
SpellsWizard.com reserves the right
at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that SpellsWizard.com shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that SpellsWizard.com, at its sole
discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without
limitation, for lack of use or if SpellsWizard.com believes that you
have violated or acted inconsistently with the letter or
spirit of the TOS. SpellsWizard.com may also in its sole discretion
and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and
acknowledge and agree that SpellsWizard.com may immediately
deactivate or delete your account and all related information
and files in your account and/or bar any further access to
such files or the Service. Further, you agree that SpellsWizard.com
shall not be liable to you or any third-party for any
termination of your access to the Service.
- DEALINGS WITH THIRD-PARTIES
correspondence or business dealings with, or participation in
promotions of, third-parties found on or through the Service,
including payment and delivery of related services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
third-party. You agree that SpellsWizard.com shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such third-parties on the
- INTERNET LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources.
Because SpellsWizard.com has no control over such sites and
resources, you acknowledge and agree that SpellsWizard.com is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that SpellsWizard.com 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 site or resource.
- SPELLSWIZARD.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree
that Content contained in information presented to you through
the Service is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorised by SpellsWizard.com you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in
SpellsWizard.com grants you a personal,
non-transferable and non-exclusive right and licence to use
the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by SpellsWizard.com for use
in accessing the Service.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. your use of the SERVICE is at your sole risk. The SERVICE is provided on an "as is" and an "as available" basis. SpellsWizard.com espressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. SpellsWizard.com makes no warranty that (i) the service will meet your requirements, (ii) the SERVICE will be un-interrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of this SERVICE will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you throught the SERVICE will meet your expectations, and (iv) any errors in the SOFTWARE will be corrected.
c. any material downloaded or otherwise obtained through the use of the SERVICE is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data, or any other form of damage, that results from the download of, or access to, any such material.
d. no advice or information, whether oral or written, obtained by you from SpellsWizard.com or through or from the SERVICE shall create any warranty not expressly stated in the TOS.
- LIMITATION OF LIABILITY
You expressly understand and agree that SpellsWizard.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if SpellsWizard.com has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the SERVICE; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the SERVICE; (iii) unauthorised access to, or alteration of your transmissions or data; (iv) statements or conduct of any third party on the SERVICE; or (v) any other matter relating to the SERVICE.
- EXCLUSIONS AND LIMITATIONS
By using this SERVICE you agree to be bound by the laws and jurisdiction of the United Kingdom and are therefore bound by the entirety of the TOS whether or not some other jurisdictions recognise the full extent of the TOS.
- REFUNDS AND RETURNS
You expressly understand and agree that SpellsWizard.com shall not be liable to make any refunds, returns, or other reparations under any circumstances. Any refunds, returns or other reparations that may be made are done so at the discretion of SpellsWizard.com and do not alter your agreement that none shall be made under any circumstances.
Notices to you may be made via either email or
regular mail. The SERVICE may also provide notices of changes
to the TOS or other matters by displaying notices or links to
notices to you generally on the SERVICE.
The materials available via the SERVICE, including but not limited to, articles, images, videos, animations, multi-media features, software and accompanying documentation are protected by copyright and/or other intellectual property laws, and any unauthorised use of the SERVICE may violate such laws.
You may not decompile, translate, reverse engineer or attempt to otherwise discover the source code of the software available via the SERVICE.
LP Ruickbie owns and retains the copyrights to the SERVICE and SpellsWizard.com except as noted. LP Ruickbie does not grant you any express or implied right to any of the material on SpellsWizard.com or any patents, copyright, trademarks or trade secret information with respect to SpellsWizard.com.
Except as specifically permitted herein, no portion of SpellsWizard.com may be reproduced in any form or by any means without the prior written permission of LP Ruickbie.
- OTHER COPYRIGHTS and COPYRIGHT AGENTS
SpellsWizard.com respects the
intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated,
please provide SpellsWizard.com's Copyright Agent the following
- an electronic or physical signature of the
person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description
of where the material that you claim is infringing is located
on the site;
- your address, telephone number, and email
- a statement by you that you have a good faith
belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you,
made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or
intellectual property owner or authorised to act on the
copyright or intellectual property owner's behalf.
SpellsWizard.com's Agent for Notice of claims of
copyright or other intellectual property infringement can be
reached by contacting Support.
- GENERAL INFORMATION
The TOS constitute the entire
agreement between you and SpellsWizard.com and govern your use of
the Service, superceding any prior agreements between you and
SpellsWizard.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and SpellsWizard.com shall be governed by
the laws of the United Kingdom without regard to its conflict
of law provisions. You and SpellsWizard.com agree to submit to the
personal and exclusive jurisdiction of the courts located
within the United Kingdom. The failure of SpellsWizard.com
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within six (6) months
after such claim or cause of action arose or be forever
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
Please report any violations of the TOS to
- Including, but not restricted to, the spells, amulets, herbs, recipes, all instructions, incantations, ingredients and methods (The Content) contained in SPELLSWIZARD.COM are for educational and reference purposes only. SPELLSWIZARD.COM does not endorse, encourage, or otherwise recommend, the use of The Content, or guarantee, or in any way bear any responsibility for the results and effectiveness of The Content.
- SPELLSWIZARD.COM reserves the right to make modifications or improvements to the products or services described in this document at any time and without notice.
- SPELLSWIZARD.COM assumes no responsibility for errors or omissions in this document. Nor does SPELLSWIZARD.COM make any commitment to update the information contained herein.
- SPELLSWIZARD.COM assumes no responsibility or liability for errors resulting from third-party software or users' hardware.
- Other products and corporate names may be trademarks of other companies and are used only for explanation and to the owners' benefit, without intent to infringe.
- SPELLSWIZARD.COM developed and copyright (c) 2003 LP Ruickbie. All rights reserved. SPELLSWIZARD.COM is protected by both United Kingdom and International Copyright laws and treaties. Any unauthorised use or actions relating to SPELLSWIZARD.COM data could give rise to legal proceedings.