Last updated 2/27/2023.
Welcome to MagiCore! Common Core Kingdom LLC DBA MagiCore (referred to in this policy as “MagiCore”, “us”, “we”, “our”) has adopted the following Terms of Service (“Terms”) which governs your relationship with MagiCore and provides important information about your legal rights.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE.
These Terms explain the rules you need to follow when you visit our website located at magicorelearning.com and related subdomains and any affiliated web pages we may host (“Websites”), our online learning application located at magicoreacademy.com and related subdomains and services (“Academy”), and any other service we might offer (together the Websites and Academy are our “Services”).
MagiCore offers various programs via the Website including but not limited to the MagiCore Club (“Membership”) and subscription-based access tiers via Academy (“Subscription”).
Users of the Sites include visitors who browse the website without an account (“Visitors”), buyers who create an account when purchasing a Resource from the Website (“Buyer”), members who belong to any of the Memberships available on the Website (“Members”), and Academy subscribers (“Subscribers”). Visitors, Buyers, Members, and Subscribers together are our “Users”.
Site Content, Ownership, Limited License, and Reservation of Rights
The Services contain a variety of: (i) materials and other items relating to MagiCore and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of MagiCore (“Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Service and the Content are owned or controlled by MagiCore. All right, title, and interest in and to the Content available via the Service is the property of MagiCore or our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. MagiCore owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Subject to your compliance with these Terms, MagiCore grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) (“MagiCore Licensed Elements”) on a personal computer, mobile phone or other wireless device, or other Internet enabled device and/or print one copy of the Content for your personal, non-commercial use only, but only for such purposes as may be explicitly stated at the time that the MagiCore Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such MagiCore Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in MagiCore’s sole discretion, and without advance notice or liability.
These Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by MagiCore and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Users who create an account will be asked to create a username and password. When using the Services, your username will be your email address unless otherwise indicated. You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact us at info@magicorelearning so we can help.
Access to a User account will be modified or terminated at the end of the current billing cycle if the account is canceled by the User. Accounts will be automatically canceled whenever a reoccurring payment is missed. Canceled Academy accounts will be converted to Free Tier accounts. Users will retain access to their accounts but will lose access to all Resources and data associated with paid content.
We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation of our Services may mean that your Account, including any Resources or other materials you may have purchased from our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you’ve purchased or loss of income from your temporary or permanent inability to use the Services.
Subscribers who use MagiCore Academy will have the ability to create accounts for their students. Student usernames and passwords are automatically generated using each student’s name followed by a unique random number. The username and password may be shared with each student by the Subscriber.
Third Party Content
As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by MagiCore. When you access third party websites, you do so at your own risk. MagiCore cannot and does not make any representations or warranties about other websites or services.
Limitations of Liability & Warranty Disclaimer
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAGICORE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, THE EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT MAGICORE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR 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) UNAUTHORIZED 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.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. MAGICORE’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO MAGICORE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
You agree to indemnify and hold MagiCore and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Services, (iv) your use of the Services, and (v) your conduct in connection with the Services or with other users of the Services. MagiCore reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Disputes with MagiCore
In the case of a dispute between you and MagiCore arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and MagiCore agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration and that other procedural rights such as discovery and appeal are not available in arbitration. YOU AND MAGICORE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND MAGICORE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in St. Johns County, Florida to protect the party’s intellectual property rights pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of the state of Florida, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. Any dispute subject to Binding Arbitration will take place in St. Johns County, Florida, or if unavailable, Duval County, Florida. For any other judicial action that may arise between you and MagiCore, or for which our Binding Arbitration clause is found not to apply, both you and MagiCore agree to submit to the venue and personal jurisdiction of the state courts located in St. Johns County, Florida or the federal courts located in Duval County, Florida.
No Waiver. Any failure by MagiCore to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
Severability. If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations. MagiCore will not use your name, seals, trademarks, or the fact that you’re a member of our Services to purposefully state or imply an endorsement of our Services. MagiCore will use your name, seals, trademarks, and the fact that you’re a member of our Services as necessary in the regular operation of our Services and to deliver our Services to you and to other Members.
State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.
Procedure For Alleging Copyright Infringement
DMCA Notice. MagiCore will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send us a written notice that includes all of the following:
- a subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
- your full name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- your electronic or physical signature.
MagiCore will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:
By Mail: MagiCore C/O Bochese Law PLLC, 101 Marketside Ave, Ste 404-355, Ponte Vedra FL 32081
By E-Mail: email@example.com
How to Contact Us
You can reach us by emailing us at firstname.lastname@example.org.