Majik Bus Entertainment Terms of Use

 

As of January 25, 2019

 

 

Majik Bus Entertainment Inc. (“Majik Bus”, “our”, “us” or “we”) provides the majikbus.com website and applications.

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The following terms of use govern all use of the majikbus.com website and all content, services and products available at or through the website, including, but not limited to, applications, plug-ins and related services (taken together, the “Website”).

 

The Website is owned and operated by Majik Bus. The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Majik Busʼ Privacy Policy which is located at [Privacy Policy]. and the “Key Licensing Terms”, below) and procedures that may be published from time to time on this Website by Majik Bus (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Majik Bus, acceptance is expressly limited to these terms. The Website is available only to persons who are the age individuals who are at least the age of majority in their province or territory of residence. As noted in our Privacy Policy, if we reasonably believe that someone under the age of majority has provided us with personal information, we will make reasonable efforts to remove such personal information from our database.

 

1. DESCRIPTION OF WEBSITE AND SERVICES

The Website offers sample of images and related information that may be purchased for personal use only.

Majik Bus reserves the right, in its sole discretion, and for any reason, to modify, restrict, suspend, cancel, or discontinue any aspect of the Website, including, but not limited to, catalogue content, features or availability, without notice or penalty.

In the course of your use of the Website, you may be asked to provide certain personal and non-personal information to us. Majik Bus’ use of information shall be governed by the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

2. SECURITY

Majik Bus uses current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse, however no website is 100% secure or risk-free. By operating the Website, Majik Bus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Majik Bus disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. By linking to a non-Majik Bus website or webpage, Majik Bus does not represent or imply that it endorses such website or webpage or any additional links contained therein. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Majik Bus disclaims any responsibility for any harm resulting from your use of non-Majik Bus websites and webpages. In addition, it is your responsibility to review, understand and comply with the appropriate terms of service of such linked websites. In no event shall Majik Bus be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of such linked websites or the information or material accessed therefrom.

4. Copyright Infringement/TERMINATION RIGHTS

As Majik Bus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Majik Bus violates your copyright, you are encouraged to notify Majik Bus at info@majikbus.com. Majik Bus will respond to all such notices, including as required or appropriate. Without limiting any other rights or remedies, Majik Bus may be entitled to, terminate your access to and use of the Website if you are determined to be an infringer of the copyright or other intellectual property rights or other rights of Majik Bus or others. In the case of such termination, Majik Bus will have no obligation to provide a refund of any amounts previously paid to Majik Bus.

5. Intellectual Property OWNERSHIP

This Agreement does not transfer from Majik Bus to you any Majik Bus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Majik Bus or the rights holders, as applicable. Majik Bus and all other trademarks, service marks, graphics and logos used in connection with Majik Bus, or the Website are trademarks or registered trademarks of Majik Bus or Majik Busʼ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Majik Bus or third-party trademarks. Except as otherwise provided under this Agreement or related agreement that you and Majik Bus or its agents may enter into, your use of the Website does not grant you a license to any music, content, features or materials available on the Website. Any commercial use of the Website is strictly prohibited, except as allowed hereunder. You may not download or save a copy of any of the Website content except as otherwise permitted by Majik Bus. You acknowledge and agree that you will have no right to utilize the music, content, features or materials on the Website until a license agreement is provided to you by Majik Bus, music representatives, rights holders and/or administrators, as applicable is fully-executed and you fulfill all payment and other terms and conditions set forth therein.

6. Changes

Majik Bus reserves the right, at its sole discretion, to modify or replace any part of this Agreement without notice to you. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Majik Bus may also, in the future, change its services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination

If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties

The Website, including without limitation, all content, functions, materials and services is provided “as is”. Majik Bus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of accuracy of information, usefulness, data processing services or uninterrupted access, merchantability, fitness for a particular purpose, title and non-infringement. Neither Majik Bus nor its suppliers and licensors, makes any warranty that the Website or the functions, features or content or services contained therein will be timely, secure, error free, that any defects will be corrected or that access thereto will be continuous or uninterrupted. Majik Bus makes no warranty that the Website will meet user requirements, no advice, results or information obtained by Majik Bus or through the website will create any warranty not expressly stated herein. Majik Bus does not endorse, warrant or guarantee any content or services offered or provided by or on behalf of third parties on or through the website. Majik Bus is not a party to, and does not monitor, any transaction between users and third party providers of content or services.

 

You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability.

In no event will Majik Bus, or its directors, officers, employees, agents, affiliates, suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, exemplary, punitive or consequential damages arising from or directly or indirectly related to the use of the Website (or inability to use the Website) or any content, materials, functions related thereto. Including without limitation, loss of revenue or anticipated profits or lost business, data or sales, even if Majik Bus or its agents or representatives had been advised of the possibility of such damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by users to Majik Bus or its suppliers under this Agreement during the twelve (12) month period prior to the cause of action. Majik Bus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

10. OBLIGATIONS, RepresentationS and WarrantIES

Except where otherwise noted, you may download, print or view individual pages for personal and non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Website or otherwise in any way exploit any of the content of the Website, in whole or in part

 

You represent and warrant that (i) your use of the Website will be in strict accordance with the Majik Bus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside); (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; (iii) you shall not impersonate or misrepresent your affiliation with any other party; (iv).you shall not upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website or any information or other material obtained therefrom for any purpose other than as expressly permitted by Majik Bus or by the provider of such content; (v) attempt to gain unauthorized access to the Website; (vi) you shall not harvest, collect or store information about users or content of this Website, except as provided for hereunder; (vii) You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means; and (viii) you will not use the Website for any inappropriate or malicious activity, as determined by Majik Bus in its sole and absolute discretion.

 

Subject to applicable laws, Majik Bus reserves the right, in its sole and absolute discretion, to deny any user access to the Website (or any portion of them) without prior notice if such user engages in conduct or activities that Majik Bus, in its sole discretion, believes violates any part of this Agreement, violates the rights of Majik Bus or its agents, suppliers or other third parties, or otherwise inappropriate for continued access.

11. Indemnification

You agree to indemnify and hold harmless Majik Bus, its affiliates, contractors, and its licensors, and each of their respective directors, officers, employees and agents from and against any and all claims, liabilities, costs and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

12. GOVERNING LAW/RESOLUTION OF DISPUTES

This Agreement, and any access to or use of the Website will be governed by the laws of the Province of British Columbia. Your use of the Website may be subject to other local, state, national, and international laws. Any dispute or claim between you and us relating to or arising out of the Website or the Agreement (except for any disputes that qualify for Small Claims Court of British Columbia) will be referred to and determined exclusively through binding confidential arbitration conducted in Vancouver, British Columbia, Canada. The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable British Columbia arbitration statute. The arbitration will not be open to the public or media and and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

 

The Website is operated from our offices in Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

13. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

 

14. UNAUTHORIZED USE AND TERMINATION

You agree to use the Website only for authorized and legal activities. Subject to applicable laws, Majik Bus reserves the right, in our sole discretion, to terminate your access to all or part of the Website, with or without notice and for any reason whatsoever

 

Key Terms

Licence Agreement/Payments

The images that comprise the catalogue may not be publicly displayed, reproduced or distributed for any purpose without the prior written permission of Majik Bus and/or its representative(s), rights owner(s) or rights administrator(s). Permission to publicly display, reproduce or distribute the images is strictly forbidden, unless an outside arrangement is agreed to between the user and Majik Bus. Any additional applicable Licence fee will be processed through the third party payment provider which has its own terms of use, and Majik Bus is not responsible or liable for your use of their services.

Copyright

Unauthorized use in any form constitutes a violation of copyright law.

Ordering
Best efforts are continually made to ensure accuracy of description, specifications and pricing, however, there may be occasions where errors arise. Should such a situation occur Majik Bus Entertainment cannot accept your order. In the event of a mistake you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation to treat not as a confirmed offer for sale. The contract is confirmed upon supply of goods. 

Incorrect/Damaged Goods
We try very hard to ensure that you receive your order in pristine condition. If you do not receive your products ordered. Please contract us. In the unlikely event that the product arrives damaged or faulty, please contact Majik Bus Entertainent immediately, this will be given special priority and you can expect to receive the correct item in an expedited manner. Any incorrect items received all delivery charges will be refunded back onto you credit/debit card. 


Delivery and Returns
Majik Bus Entertainment consider our images and offerings as high value, collectible fine art. If there is an issue and you are not completely satisfied with any order, you must contact us and be in receipt of a returns authorisation before sending any item back. Any product without authorization will not be refunded. 

Exchange

Upon authorization, you may return the item(s) to us, within ten business days of receipt. Returns will take approximately 5 working days for the process once the goods have arrived. Items must be in/or similar to original packaging, in all original boxes, and packaging materials 

Majik Bus Entertainment will not be held responsible for items lost or damaged in transit. We strongly recommend that you fully insure your package that you are returning. We suggest the use of a carrier that can provide you with a proof of delivery.

All return shipping back to Majik Bus Entertainment is to be paid for by the customer. We are unable to refund you postal fees. 

Any product returned found not to be defective can be refunded within the time stated above and will be subject to a 15% restocking fee to cover our administration costs. Goods found to be tampered with by the customer will not be replaced but returned at the customers expense. 

If you are returning items for exchange please be aware that a second charge may apply. 

Delivery service
It is our intention to make things easy for you. We will send your order either your home or to your place of work. We ship all our prints by DHL, UPS or Fedex Ground. This service offers full tracking capabilities. 

Delivery times are calculated in working days Monday to Friday. If you order after 4 pm the next working day will be considered the first working day for delivery. In case of bank holidays and over the Christmas period, please allow an extra two working days. We will attempt to email you if we become aware of an unexpected delay. 

This site may not be reproduced duplicated copied sold/resold or otherwise exploited for any commercial exploited without written consent of Majik Bus Entertainment 

Product Descriptions
Majik Bus Entertainment and its affiliates attempt to be as accurate as possible however we do not warrant that product descriptions or other content is accurate complete reliable, or error free. 

From time to time there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. 

We reserve the right to correct ant errors inaccuracies or omissions and to change or update information at any time without prior notice. (Including after you have submitted your order) We apologies for any inconvenience this may cause you. 

Prices
Prices and availability of items are subject to change without notice the prices advertised on this site are for orders placed and not include applicaple delivery fees and taxes.