Terms of Use

Introduction

  1. These terms of use apply to your use of our online magic tutorial videos and any of our other programmes, websites, software applications (including any app) and/or services (together, the “MB Magic Tutorial Service”), including all content that may be provided through the MB Magic Tutorial Service (the “Digital Content”).
  1. The MB Magic Tutorial Service is operated and provided by MB Magic Limited, 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex, England, HA1 1BE (“we”, “us”, “our”). We may change these terms of use and our below privacy policy at any time by notifying you when you next access the MB Magic Tutorial Service or via email. By continuing to use the MB Magic Tutorial Service after any such notification, you are expressly agreeing to the relevant amendments to the terms of use/privacy policy (as applicable).
  1. By downloading or accessing any element of the MB Magic Tutorial Service, or opening/using your Account (as defined below), you agree to the terms of these terms of use and our privacy policy. In addition, where any element of the MB Magic Tutorial Service is made available to download on a third party platform, your downloading, installation and use of that element of the MB Magic Tutorial Service is bound by the terms and conditions of the operator of the relevant platform.

Identity of user

  1. In order to access the MB Magic Tutorial Service, you will need to create an account with us (an “Account”) which will require you to provide us with certain registration information (“Registration Information”). You represent and warrant to us that any Registration Information that you submit is and shall continue to be true, accurate and complete. Unless we notify you otherwise, you will be able to use the same Account across all elements of the MB Magic Tutorial Service. We will send you an email confirmation when your Account has been opened.
  1. Whilst the MB Magic Tutorial Service is intended to be used by children aged 8 and over, you should only create an Account with us if you are aged 13 or over. If you are under the age of 18 and you wish to create an Account you should review these terms of use with your parent or guardian and must get their consent.
  1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and must take all reasonable steps to ensure that no unauthorised person shall have access to such information. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  1. You may not use the MB Magic Tutorial Service on more than one device associated with your Account simultaneously.

Subscription charges

  1. The MB Magic Tutorial Service is a subscription-service meaning that you are required to pay a monthly or annual fee in advance to obtain access to the MB Magic Tutorial Service. Any such fees will be notified to you (and will need to be agreed by you) in advance. Payment for all subscriptions must be made via Visa or MasterCard. You agree that your subscription will automatically renew and we will charge the payment method on file on the first day of each monthly or annual (as applicable) payment period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next payment date, we reserve the right to immediately revoke your access to your MB Magic Tutorial Service until you update your payment method. If you fail to update your payment method within a reasonable amount of time, we may cancel your subscription.
  1. By providing the details of a credit or debit card, you confirm that you are the holder of that card or are expressly authorised by the holder of that card to use the card to purchase the subscription at the price shown. You agree to pay all charges incurred by you or any users of your Account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.  You acknowledge and agree that you may be required to pay our subscription fees as well as any additional fees pursuant to paragraph 9 below either directly to us or via our nominated third party payment partner(s) (if applicable).
  1. Notwithstanding paragraphs 8 and 9 above, we may from time to time:
  1. in our absolute discretion, offer you a trial to use the MB Magic Tutorial Service for a specified period without payment, and your use of the MB Magic Tutorial Service during any such period shall be subject to the terms of these terms of use and privacy policy; and/or
  1. seek to charge you an additional fee in order for you to be able to access certain Digital Content. We will notify you in advance of any such fees and will not charge you unless you have provided us with your express consent.
  1. You may cancel your subscription within 14 days after the start date of your first subscription period by emailing us at hello@mbmagic.com . We will confirm your cancellation by email to you and provide a refund to you of any amounts you have paid in advance, save that (where reasonable to do so) we may elect to deduct a pro-rata amount in respect of any services that you have received prior to the date of cancellation.

Content-related provisions

  1. We, or our licensors, own all rights in the MB Magic Tutorial Service and the Digital Content including all intellectual property rights.
  1. In consideration of you agreeing to abide by the terms of these terms of use, we grant you a non-transferable, non-exclusive licence to use the MB Magic Tutorial Service for your non-commercial use. We reserve all other rights.
  1. The delivery of the MB Magic Tutorial Service or the Digital Content does not transfer to you any commercial or promotional use rights in the MB Magic Tutorial Service or the Digital Content.
  1. You agree not to: (i) copy any element of the MB Magic Tutorial Service or Digital Content; (ii) make alterations to, or modifications of, the whole or any part of the MB Magic Tutorial Service, or permit the MB Magic Tutorial Service or any part of it to be combined with, or become incorporated in, any other programs; (iii) use any element of the MB Magic Tutorial Service or Digital Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, in the MB Magic Tutorial Service; and (iv) infringe our intellectual property rights or those of any third party in relation to your use of the MB Magic Tutorial Service.
  1. To the extent that the MB Magic Tutorial Service provides a platform for third party applications, websites and services (“Third Party Applications”) or links to third party websites (“Links”), you acknowledge and agree that we are not responsible for the features or content contained within, or made available to you by, any Third Party Application or Link.

Access to the MB Magic Tutorial Service

  1. Whilst we endeavour to make the MB Magic Tutorial Service available 24 hours a day, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
  1. Access to the MB Magic Tutorial Service or specific Digital Content may be suspended or withdrawn from you personally (or from all users collectively) or otherwise cancelled immediately at any time, and we may impose restrictions on the length and manner of usage of any part of the MB Magic Tutorial Service or the Digital Content for any reason. If we cancel your access to the MB Magic Tutorial Service for any reason other than your breach of these terms of use, we will refund to you any payments that you have made in advance for services not provided to you.
  1. Without prejudice to paragraph 10 above, you may terminate your use of the MB Magic Tutorial Service at any time on 30 days’ notice to us. You shall provide such notice to us at hello@mbmagic.com . The cancellation will take effect on the next payment date. You will retain access to the MB Magic Tutorial Service from the time you cancel until the next payment date, and will not receive a refund or credit for any remaining days in your current billing period.

Liability

  1. The MB Magic Tutorial Service and the Digital Content are provided “as is” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the MB Magic Tutorial Service or our Digital Content, whether express or implied.
  1. Nothing in these terms of use shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) our fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by English law. However, to the extent permitted by law: (a) our maximum liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) in relation to your use or inability in use or delay in use of any element of the MB Magic Tutorial Service and any Digital Content shall be the fees paid by you for access to the MB Magic Tutorial Service in the 12 months prior to the date that the liability first arose; and (b) we shall not have any liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of profits (whether direct or indirect); (iii) loss of reputation; or (iv) loss of, damage to or corruption of, data; in each case whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. 
  1. Subject to paragraph 20 above, your use of the MB Magic Tutorial Service and the Digital Content is at your own risk. You will indemnify and hold us and our employees harmless from all responsibility for any injuries or damages you sustain or, or that anyone affiliated with or connected with you in any way may sustain, in connection with or resulting directly or indirectly from your use of the MB Magic Tutorial Service and the Digital Content (including any attempts to replicate the magic tricks demonstrated therein). 

General

  1. We process information about you in accordance with our privacy policy set out below. By using the MB Magic Tutorial Service, you consent to such processing and warrant that all data provided by you is accurate.
  1. We do not guarantee that the MB Magic Tutorial Service will be secure or free from bugs or viruses. You must not: (i) misuse the MB Magic Tutorial Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the MB Magic Tutorial Service, the server on which the MB Magic Tutorial Service is stored or any server, computer or database connected to the MB Magic Tutorial Service; or (iii) attack the MB Magic Tutorial Service via a denial-of-service attack or a distributed denial-of service attack
  1. Each paragraph (and sub-paragraph) of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.
  1. These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

To contact us, please email: hello@mbmagic.com .

Privacy Policy

  1. This privacy policy, together with the terms of use set out above, applies to your use of the MB Magic Tutorial Service and the Digital Content (each as defined in the terms of use). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. For the purpose of the Data Protection Act 1998, the data controller is MB Magic.
  1. Information we may collect from you We may collect and process the following data about you:
  1. Submitted Information: Registration Information (as defined in the terms of use) and any other information that you provide by filling in forms on the MB Magic Tutorial Service.
  1. Additional information: if you contact us (for example in relation to a problem with the MB Magic Tutorial Service), we may keep a record of that correspondence. We may also collect and process details of your use of the MB Magic Tutorial Service including, but not limited to, activity relating to your Account (such as time/frequency of log-ins, elements of the MB Magic Tutorial Service accessed), traffic data, location data, weblogs and other communication data and the resources that you access.
  1. Device information: we may collect information about the device you use to access the MB Magic Tutorial Service, including, where available, the device’s unique device identifiers, operating system, browser type and mobile network information, for system administration.
  1. Log information: when you view content on the MB Magic Tutorial Service, we may automatically collect and store certain information in server logs, including but not limited to internet protocol addresses, internet service provider, clickstream data, browser type and language, viewed and exit pages and date or time stamps.
  1. Where we store your personal data The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our partners. These staff may be engaged in the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the MB Magic Tutorial Service or Digital Content, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the MB Magic Tutorial Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  1. Uses made of the information We use information held about you or in relation to the use of your Account in the following ways: (i) for the operation of your Account and the MB Magic Tutorial Service; and (ii) to learn more about our Account holders and users. We will not sell your information to third parties.
  1. Disclosure of your information We may disclose your personal information to third parties: (i) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; (ii) if MB Magic Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets; (iii) if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; (iv) in order to enforce or apply the terms of use or to investigate potential breaches; or (v) to protect the rights, property or safety of MB Magic Limited, our users or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  1. IP addresses and cookies We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the MB Magic Tutorial Service and to deliver a better and more personalised service. They enable us: (i) to estimate our audience size and usage pattern; (ii) to store information about your preferences, and so allow us to customise the MB Magic Tutorial Service according to your individual interests; (iii) to speed up your searches; and (iv) to recognise you when you return to use the MB Magic Tutorial Service. We use the following types of cookies in relation to the MB Magic Tutorial Service: (a) Strictly necessary cookies. These are cookies that are required for the operation of the MB Magic Tutorial Service. They include, for example, cookies that enable you to log into secure areas of our website or app; (b) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors interact with the MB Magic Tutorial Service when they are using it. This helps us to improve the way the MB Magic Tutorial Service works, for example, by ensuring that users are finding what they are looking for easily; and (c) Functionality cookies. These are used to recognise you when you return to use the MB Magic Tutorial Service. This enables us to personalise our content for you and remember your preferences. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the MB Magic Tutorial Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access the MB Magic Tutorial Service. If you wish to delete cookies you can do so through your browser, and further information on how to do this can be found here: http://www.aboutcookies.org/DEFAULT.ASPX?page=2.
  1. Access to information The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
  1. Contact Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to MB Magic, Stratford Circus Arts Centre, Theatre Square, London E15 1BX