Please Read Carefully
Any rights not expressly granted herein are reserved. The Magic Press Pass Web Site (the “Site”) a service operated by Arooni Labs LLC (the “Company”) is an online information service subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Magic Press Pass MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Magic Press Pass, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Magic Press Pass a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Magic Press Pass by all means and in any media now known or hereafter developed. You also grant to Magic Press Pass the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Magic Press Pass for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Magic Press Pass. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Magic Press Pass. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Any attempt at reproducing any image or document located on the Magic Press Pass website or distributed by the Magic Press Pass is strictly prohibited.
- Use of the Site.You understand that, except for information, products or services clearly identified as being supplied by Magic Press Pass, Magic Press Pass does not operate, control or endorse any information, products or services on the Internet in any way. Except for Magic Press Pass – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Magic Press Pass. You also understand that Magic Press Pass cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Magic Press Pass PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Magic Press Pass SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Magic Press Pass DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Magic Press Pass HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY
IN NO EVENT WILL Magic Press Pass BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, SERVICE, OR DOWNLOADED FROM THE SITE, SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Magic Press Pass OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Magic Press Pass LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Magic Press Pass makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Magic Press Pass web site, please understand that it is independent from Magic Press Pass, and that Magic Press Pass has no control over the content on that web site. In addition, a link to a Magic Press Pass web site does not mean that Magic Press Pass endorses or accepts any responsibility for the content, or the use, of such web site.
- Indemnification.You agree to indemnify, defend and hold harmless Magic Press Pass, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. Further it is agreed that any and all legal matters, proceedings, hearings, arbitration(s), suits, court or otherwise unlisted legal matters WILL BE INITIATED AND HELD WITHIN THE COUNTY OF DOUGLAS IN THE STATE OF KANSAS. NO LEGAL MATTERS WILL RISE OR ORIGINATE IN ANY LOCATION OTHER THAN THE COUNTY OF DOUGLAS IN KANSAS.
- Third Party Rights.The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Magic Press Pass and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Term; Termination.This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement. Should you decide to give up your membership or if you lose your membership by not adhering to these terms or to the Magic Press Pass terms of use & membership agreement, you will be unable to receive a refund either full or in part. Your membership may be terminated if you in any way verbally or physically threaten any other member, staff or board member or are perceived to have done so. Should at any time dispute arise pertaining to purchase of membership or revoked status of membership, the (original and or all copies) of the Magic Press Pass ID which was sent to you must returned immediately. Failing to return your ID or any received printed material will be considered theft of Magic Press Pass property and the proper authorities will be notified and any or all steps needed to correct the matter will be perused to the fullest extent of the law.
- Miscellaneous.This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Magic Press Pass and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Magic Press Pass’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Magic Press Pass may assign its rights and duties under this Agreement to any party at any time without notice to you.
We in no way guarantee that the press ID or passes being issued will in any way grant you access to but not limited to concerts, music events, crime scenes, plays, operas, accident scenes, political functions etc. Therefore, the products sold on this site can be considered novelty items. Should the press ID or passes grant you access to any event you will not be representing Magic Press Pass, or any affiliate company or site unless you apply for and receive an assignment letter for each individual event you wish to cover. All member ID cards whether printed by member or received via any shipment are and will remain property of the Magic Press Pass.
7. Orders/Memberships (placing, submitting application, time frame for receipt, refunds, cancelling membership)
We ship to the Americas, Europe and other countries except the following: Cook Islands, India, Indonesia, Iran, Iraq, China, Cuba, Liberia, Libya, Myanmar / Burma, Nauru, North Korea, Nigeria, the Philippines, Sierra Leone, Sudan, Syria.
All sales are final. Our official policy is we do not provide refunds. All orders for press ID and passes’ or other materials will be processed via a safe secure third party provider. Upon receipt of payment you will be directed to a payment confirmation page containing a link to the “member application” or you may receive an email containing a link to the membership email. Receipt of this email may take as long as 3 days. Upon completion of the “application” production of the physical document (if applicable) will begin. The membership process and production of credentials will terminate if it is found that the membership application contains any false or Fraudulent information with the exception of [hair color]. It is understood that some aspects and features of anatomy as well as addresses may change. With regards to eye color it is expected that the information on the application is that of your natural eye color and not that of contacts, implants etc. Any address listed on the application should be a physical address and the most recent verifiable address. If you are using an alternate name for your credentials, this must be disclosed to the Magic Press Pass so it can be kept on record for verification purposes. Magic Press Pass is not responsible for shipments that are send to an incorrect address due to user error i.e. (current address differs from address on file with your credit card records). The membership process will also be terminated if it is found that the application process is being initiated or completed by anyone other than that of the intended applicant. Termination of membership application and credentials will not be eligible for a refund of any amount. Depending upon the degree of inaccuracy or blatant attempt of falsification the Magic Press Pass may choose to notify the proper authorities and offer full cooperation. Production start time may take as long as 3 days depending on several variables including but not limited to (email server error, incorrect information submitted in application, USPA staffing levels, other natural acts of God). Upon completion of the physical document, the item will be shipped either through the USPS, FedEx, UPS or another shipping provider. Shipping may take 14 days or longer depending on pre-mentioned or other variables, with the exception of downloaded material. Customer may choose the option of downloading any or all material(s). If customer chooses to download items rather that have them shipped there will be no reimbursement in full or partially. Under no circumstance will there be a refund for memberships with the digital delivery option for credentials, ID or any other digital media (download, email, attachments etc.). Lifetime memberships or any membership package or options sent with USPS signature confirmation delivery (or any equivalent shipping provider with tracking) will not be able to be returned for a refund either in full or in part. Purchase of membership materials or packages that are shipped, have an accompanying tracking number and or need to be signed for will be final. Total time from order to receipt of package could take up to 45 days. Any supplemental ID’s produced will not be laminated as the photo should not be the same as an ID originally produced. This is done to assure the authenticity of the document. Member referral payments: Referral payments are made in 2 or 3 payments, depending on the type of membership, since there have been instances of members joining on the referral system and deciding to cancel once they received their member ID and referral payment. In an effort to stop this practice, there was a system put in place. It involves receiving the referral payment in parts. The first payment occurs automatically at the time the application is processed completely. What constitutes the completed process is when the tracking number of the package sent is registered as delivered. We receive a message from the USPS and this message in turn triggers the payment. The other system in place is the modified member agreement and digital signature agreeing to the terms of use/service. This is an agreement that states the member can receive a modified ID if the original is unsatisfactory in some way. It is also an agreement there is no cancellation. Once a member receives their package and member ID if everything is satisfactory the remainder of the referral payment is sent. There are NO refunds issued due to the scope of usability of the member ID.