Your use of the Streaming Media Services to view magic videos (“Licensed Videos”) online instantly through When You WIsh Magic (“Our”, “We” or “Us”) website (“Services”) is subject to the following Terms of Use.  In order to use our Services, you must agree to all of these Terms of Use and if you do not agree, do not use our Services.  The Terms of Use may be updated from time to time without notice to you, but you may view the most current Terms of Use at http://www.whenyouwishmagic.com/conditionsofuse


Access to viewing our Licensed Videos provided through our Services is provided “As-Is” and may change in form from time to time without prior notice to you.  You agree to use our Services at your own risk.  We may stop, either permanently or temporarily, offering or providing certain Licensed Videos at any time without prior notice to you.  If any of the Licensed Videos are updated, improved, enhanced, revised or changed, we will provide it without further notice to you.  You may stop using our Services at any time without having to provide us with prior notice.In order to access our Services, you are required to register with us by providing certain information about yourself.  Your registration with us may be shared with third parties who provide us the Licensed Videos and may be canceled at any time in our sole discretion.  If your registration is canceled, you will be prohibited from using our Services.We assume no responsibility for the timeliness or temporary malfunction of our website or the Streaming Media Services used to view the Licensed Videos.  You are solely responsible for obtaining access to our Services, which may involve internet service provider fees or airtime charges.  Your are responsible for ensuring that your computer meets the minimum system requirements necessary to run Streaming Media Services on your computer, including accepting all applicable cookies necessary to use our Services. Minimum requirements include a current version of Adobe Flash and the hardware to support it. JavaScript must also be enabled on your browser.You agree not to use our Services in violation of: (a) our Terms of Use; (b) our Privacy Policy; (c) any applicable law, regulation or generally accepted principles in the applicable jurisdictions; or (d) trademark, copyright, privacy or other intellectual property law or regulation.  You also agree not to engage in any activity that interferes with or disrupts our Services.


You may not make our Services available over a network where it could be used by multiple computers at the same time.  You are not permitted to copy, decompile, reverse engineer, disassemble, modify or create derivative works of the Streaming Media Services or any part thereof.  You may not view the Licensed Videos through the Streaming Media Services from H&J575.001:2010-06-22.v.7 6more than four devices associated with your account and you can only watch from one of them at a time.  This policy may be changed at any time without notice to you.  We may use technologies to monitor your compliance.


We recognize that your privacy is important.  Our Terms of Use include our privacy policy and your acceptance of our privacy policy is necessary to agree to our Terms of Use.  If you do not agree with our privacy policy, do not use our Services.By using our Services, we collect personally identifiable information from you, which may include your name, email address, login and password, and IP address.  We may disclose this information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with any legal process, to enforce these Terms of Use, and protect the rights and pr operty of the copyright owner.  In addition, we may disclose this information to third parties who provide us the Licensed Videos.We reserve the right to make changes in this Privacy Policy from time to time, with or without notice to you.  We encourage you to periodically review this policy so that you will know what information we collect and how we use it.You are responsible for maintaining the confidentiality of your log-in and password and agree to immediately notify us at [Insert Retailer’s contact email address] to let us know  of any unauthorized use of your log-in and password.


The Licensed Videos are protected by copyright under both the United States and foreign laws.  Title and intellectual property rights to the Licensed Videos belong to the respective owner.  Apart from being able to view the Licensed Videos on our website, you do not have the right to copy, distribute, prepare derivate works or publicly display the Licensed Videos.  You are prohibited from engaging in or facilitating the unauthorized file-sharing of the Licensed Videos, such as the unauthorized posting, making available, uploading, downloading or other distribution of the Licensed Videos


WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM, DAMAGE OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH OUR SERVICES, THE STREAMING MEDIA SERVICES OR USE OF OUR SERVICES OR THE STREAMING MEDIA SERVICES.H&J575.001:2010-06-22.v.7 7Without limiting the foregoing, we and MMS make no representations or warranties regarding the accuracy, reliability, completeness or timeliness of the Licensed Videosprovided on or through the use of our Services.We do not provide any warranty that your use of our Services will meet your requirements or be uninterrupted, timely, secure or free from error or defects.


The following actions shall constitute a material breach of these Terms of Use:(a) Using our Services for any purpose in violation of local, state, national or international laws or regulations;(b) Copying, saving, distributing, preparing derivate works or publicly displaying the Licensed Videos which infringes on the intellectual property rights of third parties; or(c) Allowing any other person or entity to use your log-in or password for submitting or viewing the Licensed Videos.


We expressly reserve the right, but are not obligated, to do any or all of the following:(a) Investigate an allegation that  you are not using our Services in a way that does not conform to our Terms of Use;(b) Terminate your access to our Services upon breach of our Terms of Use; or(c) Disclose your personally identifiable information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with any legal process, to enforce these Terms of Use, and protect the rights and property of the copyright owner.We have no liability or responsibility to you when using our Services or any other person or entity for performance or nonperformance of these activities.  No failure or delay by us in exercising any rights, power or remedy under these Terms of Use shall operate as a waiver of any such right, power or remedy.


We will provide you a refund if the owner of the title and intellectual property rights to the Licensed Videos is required by law to restrict access to viewing the Licensed Videos for failure to have the necessary intellectual property rights to permit you to view the Licensed Videos.  All other sales are final and no refunds are available.  If you do not agree with this refund policy, please do not use our Services.H&J575.001:2010-06-22.v.7 8


You agree to defend, indemnify and hold us, our officers, directors, shareholders, employees, consultants, agents, licensors and suppliers harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, attorneys fees and costs, resulting from or allege to result from, your violation of these Terms of Use.


You acknowledge and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, including reliance by you on the completeness, accuracy or existence of our Services, any changes to or permanent or temporary cessation of our Services.Any claims arising in connection with your use of our Services must be brought within thirty (30) days of the date of the event giving rise to such action occurred or be forever barred.


These Terms of Use shall be governed by the laws of the state where we have our business office located and you agree to submit to the exclusive jurisdiction where our business offices are located to resolve any legal matter arising from the Terms of Use.  


The following provisions survive the expiration or termination of these Terms of Use for any reason:  Privacy Policy, Copyright, No Warranties, Reservation of Rights, Indemnification, Limitation of Liability, Jurisdiction, Survivability/Severability/Termination and Complete Agreement.If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Usewithout affecting the rest of the Terms.  The remaining provisions of the Terms will continue to be valid and enforceable.This Policy is effective until terminated and is terminable by us at anytime without notice.


These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to the use of our Services.