Last updated: July 15, 2021
www.auditionmagic.com (Sites) and any subdomain of this URL, including this
registration process and form a binding contractual agreement between you, the user of
the Site and us, AT2 Casting Pty Ltd trading as Audition Magic owner and operator of
These Terms are important and you should ensure that you read them carefully and
contact us with any questions before you use the Site. You can contact us at
email@example.com. If you continue to register, browse and use this Site you
acknowledge and agree that you have had sufficient opportunity to read and understand
the Terms and you agree to be bound by them. If you do not agree to the Terms, please
do not use the Site.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless
of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of directors
or other managing authority.
Account means a unique account created for You to access our Service or parts
of our Service.
Agent or Manager means a company or individual User of the Service acting as
a representative on behalf of one or many Talent User/s of the Service.
Collaborator means a General Person invited to review content on the Service
by a User, for the purpose of reviewing and/or contributing to the content.
- Country refers to: New South Wales, Australia
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to AT2 Casting Pty Ltd trading as Audition Magic, 113A Beech
Dr, Suffolk Park, NSW 2481 Australia.
Content refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of
the form of that content.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding
the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a
Free Package also referred to as Spectator Package, Free Subscription or Free
Membership. This represents a basic listing on the Service for a Talent User
including but not limited to a basic profile of their personal information, statistics,
resume, skills and at least 1 profile image. This package renews automatically
annually and requires no payment from talent or the provision of billing
Information. The company retains the right to change the terms of this package
at any time and will notify its Users of such changes in a timely manner.
Freelance means a Talent User that has no current Agent or Manager
Representation currently and therefore is the primary point of contact via the
Service for all opportunities, profile, billing, marketing and other related
communications from the Company.
General Person means a person from the public or individual, either invited to
the Service to apply or decides to apply for a project on the Service of their own
accord and sets up a Talent User account
Goods refer to the system and packages offered for use and sale on the Service.
Minor means a User under the legal age of eighteen (18) years.
Orders mean a request by You to purchase Goods from Us.
Parent or Guardian means the legal Parent or Guardian of a User under the age
of eighteen (18) years of age. That may be present or be the person of contact
for that Minor User.
Profile means the Talent or General Persons User’s personal information on the
Service that may include but is not limited to their image, name, email, phone,
address, skills, personal statistics, images, videos, audio files and documents
that they, or their agent/manager or parent/guardian, upload on their behalf.
Represented/ Representation means a Talent User that is currently under the
guidance/management of a registered talent Agent or Manager that will legally
represent them and be the primary point of contact for all Opportunities on the
Service but may or may not be the contact for their profile, billing, marketing and
other related communications from the Company.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
Subscription Period means the period of membership of the Service. The
minimum period of membership is 12 months for Talent Users on a paid
Subscription on the Service. Agents, Clients and Collaborators have no minimum
Subscription Period other than what is defined in an invoice or purchase order
when paying for the Service.
Talent means a User that is seeking job opportunities via the Website and or
seeking Representation from an Agent or Manager that may or may not be
Represented or Freelance and may or may not be professional or amateur.
These users receive a Free Package and may optionally upgrade to a Premium
Package if available and applicable to them at the time or at a later date.
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that may be
displayed, included or made available by the Service.
User means any type of user of the Website which includes but is not limited to
Clients, Agents, Managers, Talent, Collaborators and General Persons.
Website (Site) refers to Audition Magic, accessible from www.auditionmagic.com
or relevant subdomain of the Site and Service.
You means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and Conditions
set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to all
visitors, Users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then You may
not access the Service.
You represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service alone. If you are under 18 years, you must have a legal
parent or guardian present when using the service.
Your access to and use of the Service is also conditioned on Your acceptance of and
policies and procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about Your
before using Our Service.
Licence to Use the Site
We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in
accordance with these Terms.
You may access and use the Site in the normal manner and may also print copies of
any page within the Site for your own personal, non-commercial use. You may copy
extracts only to individual third parties for their personal use, but only if you
acknowledge the Site as the source of the material. Any redistribution or reproduction of
part or all of the contents in any form is prohibited unless expressly allowed by these
You may not, except with our express written permission, distribute or commercially
exploit the content of this Site. You may not transmit it or store it on any other website or
other form of electronic retrieval system. You agree not to (or to facilitate any third party
to) copy, transmit, distribute, publish, commercially exploit or create derivative works of
You must not use or add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other
- that is or could reasonably be considered to be obscene, inappropriate,
defamatory, disparaging, indecent, seditious, offensive, pornographic,
threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in
breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
The Site may contain links to other websites as well as content added by people other
than us. We have no control over the nature, content and availability of those websites
or external content. We do not endorse, recommend, sponsor or approve any such user
generated content, the views expressed within that content and any content available
on any linked website.
You acknowledge and agree that:
We retain complete editorial control over the Site and may alter, amend or cease the
operation of the Site at any time in our sole discretion; and
The Site will not operate on a continuous basis, and may be unavailable from time to
time (including for maintenance purposes).
You undertake not to use the content, messaging or e-mail services for any unlawful
purpose; that you shall not make any use of the Site or e-mail services such that the
whole or part of the Site is interrupted, damaged, rendered less efficient, or the
effectiveness or functionality of the Site is in any way impaired; not to use the Site or its
e-mail or messaging services for the transmission or posting of any information other
than that which is relevant to the usage of the Service or computer viruses or any
material which is defamatory, offensive or of an obscene or menacing character, or in
such a way as to cause annoyance, inconvenience or needless anxiety.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally
capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to
supply certain information relevant to Your Order including, without limitation, Your
name, Your email, Your phone number, Your credit card number, the expiration date of
Your credit card, Your billing address, and other of Your personal information.
You represent and warrant that:
- You have the legal right to use any credit or debit card(s) or other payment method(s)
in connection with any Order; and that
- the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to
payment processing third parties for purposes of facilitating the completion of Your
We reserve the right to refuse or cancel Your Order at any time for certain reasons
including but not limited to:
- Service availability
- Errors in the description or prices of Packages
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected or for any other reason We deem reasonable at the time.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy to learn more about your right to cancel Your Order or if any refunds are
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of the Service. The Service may be mispriced,
described inaccurately, or unavailable, and We may experience delays in updating
information regarding our Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information,
including prices, package information, specifications, availability, and services. We
reserve the right to change or update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an
The prices quoted may be revised by the Company subsequent to accepting an Order
in the event of any occurrence affecting provision of the Service and any other matter
beyond the control of the Company. In that event, You will have the right to cancel Your
All packages purchased are subject to a payment unless otherwise specified. Payment
can be made through various payment methods we have available, such as Visa,
MasterCard, American Express cards available via our payment gateway or online
payment methods (PayPal, for example) that remain subject to change.
Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required authorization, We
will not be liable for any delay or non-delivery of Your Order.
The Service or some parts of the Service for certain users are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis (such as
daily, weekly, monthly or annually), depending on the type of Subscription plan you
select when purchasing the Subscription or Package.
At the end of each period, Your Subscription will automatically renew under the exact
same conditions unless You cancel it or the Company cancels it however minimum
Subscription periods may apply, like the 12 month period for Talent Users regardless of
payment up-front or monthly.
You may cancel Your Subscription renewal by contacting the Company. You will NOT
receive a refund for the fees You already paid for Your current Subscription period and
all and every remaining payment for the remainder of your period, based on your
selected Subscription Package. You will be able to access the Service until the end of
Your current Subscription period.
You shall provide the Company with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid payment method
Should automatic billing fail to occur for any reason, the Company will issue an
electronic invoice indicating that you must proceed manually, within a certain deadline
date, with the full payment corresponding to the billing period as indicated on the
invoice. Late or overdue payments will be subject to fees and interest charges and
additional collection fees if necessary.
The Company, in its sole discretion and at any time, may modify the Subscription fees.
Any Subscription fee change will become effective at the end of the then-current
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription before such
change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect
constitutes Your agreement to pay the modified Subscription fee amount.
Refunds, Delivery & Exchange Policy
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
All Paid Packages purchased for Talent or on their behalf by their Agency or a 3rd party,
are non-refundable and non-returnable.
Free Packages purchased directly by the Talent or on their behalf by their
Agency/Manager, are for a period of 1 year and automatically renew annually, until they
are cancelled by You or someone on your behalf in the Service.
Delivery of Talent Packages are immediate if payment is accepted online, activation of
the profile and package period will commence, note all packages require minimum one
(1) image in order to be displayed in Profile searches by Clients and Users.
Exchange from one paid package to another, is available to all Talent and their
Agency/managers. A Talent may upgrade to a higher cost package and will pay a pro-
rated difference in package price for the remainder of their membership period.
Downgrading a package is possible, however no refunds on the package difference will
be offered. And a package purchased cannot change names and the remaining period
used by another Talent.
Currently all Talent Users are issued a Free Package when registering on the Service
initially that is all that is required to submit or apply to any project opportunity on the
Service. There is no requirement to upgrade unless you wish to make use of other
features available for Premium Packages and additional tools and a more enhanced
profile on the Service.
Free Client Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a
limited period of time to Clients, Agents/Managers, Collaborators, Talent and Other
Users of the Service.
Client, Agent, Collaborator and other users, may be required to enter Your billing
information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be
charged by the Company until the Free Trial has expired. On the last day of the Free
Trial period, unless You cancelled Your Subscription, You will be automatically charged
the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms
and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
When You create an account with Us, You must provide Us information that is accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service
and for any activities or actions under Your password, whether Your password is with
Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use of
You may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights of another
person or entity other than You without appropriate authorization, or a name that is
otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You
post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on and
through the Service. You retain any and all of Your rights to any Content You submit,
post or display on or through the Service and You are responsible for protecting those
rights. You agree that this license includes the right for Us to make Your Content
available to other users of the Service, who may also use Your Content subject to these
You represent and warrant that:
(i) the Content is Yours (You own it) or You have the right to use it and grant Us the
rights and license as provided in these Terms, and
(ii) the posting of Your Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly
understand and agree that You are solely responsible for the Content and for all activity
that occurs under your account, whether done so by You or any third person using Your
You may not transmit any Content that is unlawful, offensive, upsetting, intended to
disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender, national/ethnic
origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other
content that is designed or intended to disrupt, damage, or limit the functioning of
any software, hardware or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark,
trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion,
determine whether or not any Content is appropriate and complies with these Terms,
refuse or remove this Content. The Company further reserves the right to make
formatting and edits and change the manner any Content. The Company can also limit
or revoke the use of the Service if You post such objectionable Content. As the
Company cannot control all content posted by users and/or third parties on the Service,
you agree to use the Service at your own risk. You understand that by using the Service
You may be exposed to content that You may find offensive, indecent, incorrect or
objectionable, and You agree that under no circumstances will the Company be liable in
any way for any content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee
there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is
corrupted prior to being backed up or that changes during the time a backup is
The Company will provide support and attempt to troubleshoot any known or discovered
issues that may affect the backups of Content. But You acknowledge that the Company
has no liability related to the integrity of Content or the failure to successfully restore
Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location
independent of the Service.
Intellectual Property Rights
The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company
and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country
and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.
- Nothing in these Terms constitute a transfer of any intellectual property rights.
You acknowledge and agree that, as between you and us, we own all intellectual
property rights in the Site.
- Our Site contains material which is owned by or licensed to us and is protected
by Australian and international laws, including but not limited to the trademarks,
trade names, software, content, design, code, images, graphics, layout, text,
appearance, layout and look of our Site. We own the copyright that subsists in all
creative and literary works displayed on the Site.
- All content added to the system by you, remains your Intellectual Property (IP).
By posting, uploading, submitting and contributing on the platform in any way,
you provide us the royalty free, non-exclusive world-wide rights to display, share,
- store, host, maintain, serve, distribute and provide that content for the purposes
of maintaining and operating the Service and providing all of the features and
facilities within it indefinitely, unless you request to have it removed or remove it
yourself from the platform.
- By adding your profile information to the system, or your agency
adding it on your behalf, you provide us, for the time you remain an active
member, the royalty free, non-exclusive rights to share your profile to other
members, users of the platform and their staff, clients, colleagues, associates
and contacts in and outside the platform for the purpose of providing the
functions of the Serviuce including but not limited to; to seek, promote, select,
audition, schedule, share, review, download, comment on and vote on your
profile and other information you provide. By providing and submitting your data,
you confirm you own the rights to your media and all information you provide is
true and accurate and you indemnify us against any contest of these rights or
information you have provided.
- You consent to any act or omission that would otherwise constitute an
infringement of your moral rights, and if you add any content in which any third
party has moral rights, you must also ensure that the third party also consents in
the same manner.
The licence in paragraph above will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the
licences and consents set out in paragraphs above.
You agree not to (or to facilitate any third party to) copy, transmit, distribute, publish,
commercially exploit or create derivative works of the Content without prior permission
from Audition Magic or associated URL’s. This site is Copyright © 2015-2021 to AT2
Casting Pty Limited trading as Audition Magic. All rights reserved. All content included
on the sites, such as text, graphics, photos, logos, button icons, images and audio and
video clips is the property of AT2 Casting Pty Limited and our content suppliers. This
material is protected by Australian and international copyright laws. This material may
be used as a resource by users. Any other use by users, including the reproduction,
adaptation, modification, distribution, transmission, republication or display of the
content on this site is strictly prohibited.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any
claim that Content posted on the Service infringes a copyright or other intellectual
property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that
is taking place through the Service, You must submit Your notice in writing to the
attention of our copyright agent via email at firstname.lastname@example.org and include in
Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)
by providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the
material that You claim is infringing is located.
- Your address, telephone number, and email address.
- 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 owner or authorized to act
on the copyright owner's behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt
of a notification, the Company will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for
any reason such assignment is ineffective, You agree to grant the Company a non-
exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use,
reproduce, disclose, sub-license, distribute, sell, modify and exploit such Feedback
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or
through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Upon termination, Your right to use the Service will cease immediately. If You wish to
terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by You through the
Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the Service, third-party
software and/or third-party hardware used with the Service, or otherwise in connection
with any provision of this Terms), even if the Company or any supplier has been
advised of the possibility of such damages and even if the remedy fails of its essential
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations
may not apply. In these states, each party's liability will be limited to the greatest extent
permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other
software, applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or defects can or
will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Service, or the information, content, and
materials or products included thereon;
- that the Service will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided
through the Service; or
- that the Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set
forth in this section shall be applied to the greatest extent enforceable under applicable
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to other local,
state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve
the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions
of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as
that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will
be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will continue
in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under these Terms shall not affect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver of a breach
constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text shall prevail in
the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material We will make reasonable efforts to provide at least 30 days'
notice prior to any new terms taking effect. What constitutes a material change will be
determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You
agree to be bound by the revised terms. If You do not agree to the new terms, in whole
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