Terms and Conditions Agreement

1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Mark Holdaway DBA KalimbaMagic.com. KalimbaMagic.com neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with KalimbaMagic.com.

2. While KalimbaMagic.com uses reasonable efforts to include accurate and up-to-date information on the Site, KalimbaMagic.com makes no warranties or representations as to its accuracy. KalimbaMagic.com assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Your use of and browsing in the Site are at your risk. Neither KalimbaMagic.com nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. KalimbaMagic.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4. Images of people or places displayed on the Site are either the property of, or used with permission by, KalimbaMagic.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

5. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Mark Holdaway DBA KalimbaMagic.com (unless otherwise noted). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of KalimbaMagic.com or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that KalimbaMagic.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. KalimbaMagic.com has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

7. Although KalimbaMagic.com may from time to time monitor postings, transmissions and the like on the Site, KalimbaMagic.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. KalimbaMagic.com will fully cooperate with any law enforcement authorities or court order requesting or directing KalimbaMagic.com to disclose the identity of anyone posting any such information or materials.

8. You agree to indemnify, defend and hold KalimbaMagic.com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. KalimbaMagic.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KalimbaMagic.com‘s defense of such claim.

9. The Web Site is controlled and operated by KalimbaMagic.com from its offices within the State of Arizona, United States of America. KalimbaMagic.com makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site 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.

10. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party, or KalimbaMagic.com bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Pima County, Arizona, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Mark Holdaway DBA KalimbaMagic.com.

11. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. KalimbaMagic.com may at any time revise these Terms and Conditions by updating this posting.

You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.