Except as otherwise provided in a written agreement signed by BeyondTheWand, these Terms of Use represent the entire understanding between you and BeyondTheWand and its affiliates regarding your use of www.beyondthewand.com (the "Site") and your submission of any materials to us. BeyondTheWand is providing you access to the Site subject to these Terms of Use and the www.beyondthewand.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
BeyondTheWand reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Disclaimer
BEYONDTHEWAND PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. BEYONDTHEWAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYONDTHEWAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, BEYONDTHEWAND DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEYONDTHEWAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.
Limitation of Liability
IN NO EVENT SHALL BEYONDTHEWAND BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF BEYONDTHEWAND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEYONDTHEWAND’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than BeyondTheWand. BeyondTheWand provides these links solely as a convenience. The appearance of a link does not imply BeyondTheWand's endorsement, nor is BeyondTheWand responsible for the content of any linked site. You access linked sites at your own risk.
Eligibility
You must be 13 years or older to use the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
Submissions
BeyondTheWand accepts personal information for use in compiling BeyondTheWand mailing lists through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions, or other materials that you consider to be confidential or proprietary.
All requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to BeyondTheWand, using the Site or otherwise, (collectively, "Submissions") are not confidential and will become and remain the property of BeyondTheWand. You agree that BeyondTheWand shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
Posts
All submissions made to the BeyondTheWand forums, using the Site or otherwise, (collectively, "Posts") are not confidential and will become and remain the property of BeyondTheWand. You agree that BeyondTheWand shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. BeyondTheWand is not responsible for any messages posted. BeyondTheWand does not vouch for or warrant the accuracy, completeness, or usefulness of any message and are not responsible for the contents of any message.
The messages express the views of the author of the message, not necessarily the views of BeyondTheWand or its affiliates. Any user who feels that a posted message is objectionable is encouraged to contact BeyondTheWand immediately by email or by reporting a post to a moderator. BeyondTheWand has the ability to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if removal is deemed necessary. BeyondTheWand retains the right to remove the ability to post on this forum for sending harassing PMs or emails, rude comments to members or staff, and posting inappropriate material on or from the forum. Communications on BeyondTheWand.com are recorded, and staff retains the right to monitor them.
You agree, through your use of this service, that you will not use this bulletin board to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law.
You agree not to post any material unless you have the legal right to do so.
General Proprietary Rights
The Site is owned by BeyondTheWand and contains material that is derived in whole or in part from BeyondTheWand and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without BeyondTheWand’s express written permission.
Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of BeyondTheWand, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2008-2009, BeyondTheWand.com ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Trademarks
"BeyondTheWand" and all logos associated with such terms are trademarks of BeyondTheWand and/or its affiliates. They may not be used in connection with any product or service other than those services offered by BeyondTheWand or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits BeyondTheWand or its affiliates. All other trademarks are the property of their respective owners.
Notice of Potential Infringement
To notify BeyondTheWand of any suspected infringement, please contact the Administrator.
Applicable Law
BeyondTheWand operates the Site from Orlando, Florida, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Florida without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of Orange County, Orlando, Florida, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by BeyondTheWand. BeyondTheWand may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that BeyondTheWand, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use 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.