THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF JassherMagicShop.COM (“Jassher’s Magic”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Jassher’s Magic.
Jassher’s Magic grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the Jassher’s Magic copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media)and; (3) the ability to download and use certain Materials is subject to additional terms and restrictions. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Third Party Content
Certain information and content may be provided by third parties to Jassher’s Magic (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. Jassher’s Magic DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Jassher’s Magic or its licensors, respectively.Moreover the use Right click/any key used for copying is disabled on this page to prevent,but not limited to,copy of our policies
Links to Third Party Sites
Restricted Areas of the Site
Certain areas of the Site may be password restricted to authorized users or require you to provide personal information (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify Jassher’s Magic if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Jassher’s Magic of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that your Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold Jassher’s Magic entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Jassher’s Magic in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your Submissions) violates any applicable law or regulation, or the rights of any third party. Knowingly taking advantage of any loophole in site programming or configuration which results in unreasonable loss for Jassher’s Magic will also be cause for account termination and suspension.
Promotions and Discounts
Jassher’s Magic will occasionally run promotions or discounts on certain products. If a price of a product is discounted by Jassher’s Magic, there are no limitations on quantity allowed to be purchased unless otherwise stated in an email or on the product page. If a discount is applied via a coupon then Jassher’s Magic reserves the right to restrict the number of coupons used at a time. Currently this restriction is one coupon per order. Stacking of promotions/coupons is not allowed at this time. If a customer has two coupons to use, then they must decide which coupon they want to use at the time of checkout. Coupons cannot be retroactively applied to any order, it is the customers responsibility to ensure that a coupon has been entered correctly. If a deficiency has been discovered and is the responsibility of Jassher’s Magic, then Jassher’s Magic will take steps to correct the issue within reason.
Jassher’s Magic and Jassher’s Magic Shop.com, LLC are trademarks of Jassher’s Magic in the India and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
Backups and Data Loss
Your use of this service is at your sole risk. This service is provided to you as a courtesy. Jassher’s Magic is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Jassher’s Magic servers.
Jassher’s Magic respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our website, please provide Jassher’s Magic’s copyright agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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;
(f) 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.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Jassher’s Magic, and agree that Jassher’s Magic does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that Jassher’s Magic has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by Jassher’s Magic or its licensors.
Jassher’s Magic, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Jassher’s Magic SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL Jassher’s Magic BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Jassher’s Magic HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws; Export Control
Jassher’s Magic controls and operates this Site from its headquarters in India and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside India, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in India.
You acknowledge and agree that the Materials and the Third Party Content are subject to the Indian Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to Indian law is prohibited. You agree that none of the Materials or and the Third Party Content, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Indian Government for such purposes. You agree to comply strictly with all Indian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Jassher’s Magic does not monitor your data or transmissions, yet, Jassher’s Magic does actively monitor overall site usage for system utilization purposes. You agree, however, that, in Jassher’s Magic’s efforts to promote good citizenship within the Internet community, if Jassher’s Magic becomes aware of inappropriate use of the Site or any Jassher’s Magic service, Jassher’s Magic may respond, which may include account suspension or termination. You acknowledge that Jassher’s Magic will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, Jassher’s Magic will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Jassher’s Magic reserves the right to terminate your access to the site without notice. Jassher’s Magic’s preferred course of action, where practicable, is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that Jassher’s Magic and its licensors may make improvements and/or changes in the Materials or other items described in or offered on this Site, if any, at any time without notice, and further agree that Jassher’s Magic can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been posted constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by Indian law and controlling Indian federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the India, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Jassher’s Magic to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jassher’s Magic in writing. The Terms comprises the entire agreement between you and Jassher’s Magic and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
If you buy a Product, you do so on the following terms:
1. you cannot cancel an order for a Product once the order has been submitted;
2. Jassher’s Magic does not give any undertaking as to the continued availability of Products offered for sale on the Site;
3. once your order for a Product is accepted, and you pay the fee, you acquire a non- exclusive license to use the Product in accordance with the conditions of the license that you acquire; and
4. ownership of the Product remains with the Seller.
5 Instant downloads purchased on site can take maximun 3 days to get delivered in rare cases.
If you sell a Product, you warrant to Jassher’s Magic and each Buyer that, as a Seller, in relation to each Product that you offer for sale on the Site:
1. you own the intellectual property rights in that Product;
2. that Product does not infringe the intellectual property rights of a third party;
3. the description for that Product is not false, inaccurate or misleading;
4. that Product is not fraudulent, stolen or an unlawful item;
5. that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
6. that Product is not defamatory, unlawfully threatening or unlawfully harassing;
7. that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to persons under the age of 18 years;
9. that Product does not contain viruses or other computer codes, files or programs designed to limit or destroy the functionality of other computer software or hardware;
10. that Product would not create liability for Jassher’s Magic or cause Jassher’s Magic to lose (in whole or in part) the services of its ISP or other suppliers; and
11. that Product would not cause Jassher’s Magic to violate any applicable law, statute, ordinance or regulation by making it available on the Site.
26) As a Seller, you acknowledge and agree that any Product offered for sale by you on the Site must first be submitted to Jassher’s Magic to enable Jassher’s Magic to check the quality of the Product and the information provided with the Product and its general compliance with Jassher’s Magic's standards and its suitability for uploading on the Jassher’s Magic Site. Jassher’s Magic may refuse, in its sole discretion, to allow you to offer the Product for sale on the Site. Jassher’s Magic may not give reasons for refusing to allow you to offer a Product for sale on the Site.
27) Any and all Product descriptions provided by Seller will be fair, clear, honest, and accurate. Any phrasing, words, or sentences that are deemed inaccurate or unclear at the discretion of Jassher’s Magic staff may be removed or modified at will prior to publication or after publication. Any instances of deceit or misleading claims within the description are grounds for denial from publication on The Marketplace, temporary removal from The Marketplace (if already published), permanent removal from The Marketplace (if already published), or removal of Seller's account. Jassher’s Magic has the right but not the obligation to modify the title or text description content provided by Seller for any reason or no reason, subject to the sole discretion of Jassher’s Magic staff and crew based on our knowledge of the industry and best judgment. While Jassher’s Magic may provide modifications as noted herein, Jassher’s Magic is not to be considered the editor of any content associated with the Product provided by the Seller, and all issues associated with the Product and the content associated with the Product provided by the Seller shall remain the sole responsibility of the Seller.
28) To improve the marketplace experience, Products offered on The Marketplace may be rated or reviewed. All reviews and ratings must be honest and written in good faith with full disclosure of any "material connections" (including payments or free products) provided to the reviewer by the Seller and otherwise consistent with the Federal Trade Commission guidelines governing endorsements and testimonials. Jassher’s Magic further prohibits the submission of false negative reviews as to any competing Products. Jassher’s Magic reserves the right to remove any reviews without notice to the reviewer in Jassher’s Magic's sole discretion. To ensure consumers can trust that reviews provided for Products on The Marketplace are honest and written in good faith, Jassher’s Magic requires that persons with an Artist Account utilize their full, real name and accurately identify themselves and their connection to the Product being reviewed in order to have any of their reviews or ratings of any Products published in The Marketplace. In addition, as a security precaution and added measure to confirm that the review or rating is written in good faith, and not falsified by the any person who may benefit from positive or negative reviews, Jassher’s Magic actively logs the IP address of each review submission. Any impropriety pertaining to reviews and ratings is grounds for immediate suspension or permanent removal of the Artist Account. While Jassher’s Magic in its discretion may take any and all steps deemed by Jassher’s Magic to be appropriate to ensure that ratings and reviews are written in good faith, under no circumstances shall Jassher’s Magic be responsible for the content of any ratings or reviews, whether negative or positive.
29) All Artists agree to engage in a professional, honest manner in promotion and publicity and management of his or her effects published on The Marketplace. By submitting content for publication on The Marketplace, the Artist agrees not to utilize any improper means to artificially increase or manipulate the statistics engine, popularity rankings, sales rankings, code, algorithms, or any other administrative aspect of The Marketplace as a means to artificially elevate their own ranking or popularity on The Marketplace. Jassher’s Magic reserves the right to make all possible efforts to employ security mechanisms to prevent such practices, but under no circumstances shall Jassher’s Magic be responsible for any popularity rankings, sales rankings, ratings or reviews, whether negative or positive.
30) As a Seller, you acknowledge and agree that if Jassher’s Magic determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on the Site does not comply with any applicable laws and/or these Terms of Service, Jassher’s Magic will disable your Account and withhold all amounts that you may have earned from the sale of the relevant Product until any dispute in relation to the Product has been resolved to the satisfaction of Jassher’s Magic.
31) As a Seller, you acknowledge and agree that Jassher’s Magic may, at its sole discretion, elect at any time to remove your Products from the Site without notice to you. Jassher’s Magic is not responsible for any loss that you may suffer as a result a Product being removed from any of the Site by Jassher’s Magic.
32) As a Buyer, you acknowledge and agree that despite Jassher’s Magic's reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Jassher’s Magic reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Jassher’s Magic will immediately arrange for any payment to be refunded.
33) Jassher’s Magic is not liable for any loss suffered by a Seller as a result of a Buyer making use of a Product contrary to the conditions on which the Product was sold to the Buyer.
34) As a Seller, you agree and acknowledge that Jassher’s Magic may use your Product (or part of a Product) from time to time to promote the Site, including on a features page on the Site itself.
35) Jassher’s Magic does not discriminate on the basis of race, religion, national origin, color, sex, age, veteran status, or disability. It is Jassher’s Magic's intention that all qualified submissions be given equal opportunity and that selection decisions are based on quality related factors. Nevertheless, Jassher’s Magic reserves the right to approve or disapprove any Content for publication or Product for sale on the Site for any or no reason.
36) Jassher’s Magic shall provide all customer support and technical support to customers who purchase Product on The Marketplace. No fees are deducted for customer support, bandwidth, payment processing, or any other deduction not contained with these Terms of Service.
37) Jassher’s Magic has complete control over the handling of returns and requests for refunds on Product purchased on the Site. In Jassher’s Magic's sole discretion, a refund may be granted to the customer when deemed necessary in the interest of maintaining a fair, positive environment with unrivaled customer service.
38) The Seller shall receive sixty (55) percent of net revenue derived from sale of Products, minus any bona fide returns. The remaining forty (45) percent of net revenue is retained by Jassher’s Magic in consideration of the benefit provided by, and to cover Jassher’s Magic's costs and expenses in connection with running and providing customer support and related services for, The Marketplace
The amounts due to the Seller, if equal to or more than (Rs3000) will then be paid by Jassher’s Magic. If the amounts due to Seller are less than (Rs3000), said amount shall be held in Seller's account and carried over to the next month until such time as the amount reaches (Rs3000). The amounts due Seller that are carried over in Seller's account are not deposits. Jassher’s Magic will pay all amounts due Seller by Paypal, provided no returns are pending or other Product disputes are pending. If returns or other Product disputes are pending, any amounts due Seller will be paid by Jassher’s Magic by Paypal ,following 30 (thirty) days of the resolution, to be determined in Jassher’s Magic's discretion, of any pending returns and Product disputes, and will be directed to the Seller at the address last associated with Seller's account.
39) These all Terms may contain repeated instructions.
Changes to the Terms
Jassher’s Magic reserves the right to revise/change its policies at any time we will post the changes done to the policies here for you, and we may send you an email if it is a really big change, but we think our policies are pretty good so they shouldn’t change very often. If you have any questions about any of this please feel free to contact us and we will be happy to answer them.