Terms of Use

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Welcome!  MerMagic Con, Inc. (“MerMagic Con”) owns and operates the website (including mobile-optimized versions) or application (collectively, the “Sites”) that you are currently visiting.  In addition, MerMagic Con has “Affiliates,” which are companies that control, are controlled by, or are under common control with MerMagic Con (control meaning ownership of 15% or more of voting stock or other ownership interests), and these Affiliates may also participate in the operation of the Sites.  When these Terms of Use use the words “we,” “our,” and “us,” they are referring collectively to MerMagic Con and its Affiliates.

These Terms of Use (“Terms of Use”), together with our Privacy Policy, govern your use of the Sites.  We will refer the Terms of Use and the Privacy Policy collectively as the “Terms.”  By continuing to use and visit the Sties, you are agreeing to these Terms. If you object to anything in the Terms, you should not visit or use the Sites.

PLEASE READ THESE TERMS BEFORE USING OUR SITES.  THE TERMS GOVERN YOUR USE OF OUR SITES AND OF ANY SERVICES WE OFFER THROUGH OUR SITES, AND WILL APPLY TO ANY DISPUTE BETWEEN YOU AND US CONCERNING THE SITES.  WE MAY CHANGE THESE TERMS AT ANY TIME BY PUBLICLY POSTING AN UPDATED VERSION TO OUR SITES.  THE UPDATED VERSION IS EFFECTIVE UPON POSTING AND BY USING THE SITES AFTER WE HAVE POSTED THE UPDATED VERSION, YOU ARE ACCEPTING THE UPDATED TERMS.

You must be at least 13 years old to use the Sites.  If you are between the ages of 13 and 18, you may use the Sites only if your parent or legal guardian has reviewed our Terms and has consented to your use of our Sites.

Our Content and Intellectual Property

Our Sites, our Content and any associated information, software, scripts, interactive features (collectively, our “Intellectual Property”) are protected by copyrights, trademarks, patents, or other proprietary rights under intellectual property laws.  We, our affiliates, and our licensors own and control all right, title, and interest to our Intellectual Property, to the fullest extent permitted by law.

Subject to your strict compliance with our Terms, we grant to you a limited, non-transferable and non-sublicensable, non-exclusive, revocable license solely to use our Sites for your personal, noncommercial use, and in the case of any application (“App”) offered by us, to download, install, and use the App in executable object code format only on your personal device(s) for your personal, noncommercial use.  Your use of our App may be governed by its own Terms (including privacy policy), and may also be subject to the terms of use and policies of the app store you use to download the App.  We reserve all rights not expressly granted to you in our Terms.

Our Editorial Policy

Our Sites participate in various affiliate marketing programs, which means we are paid a commission on purchases made through our links to third-party retailer sites.  However, our editorial content is not influenced by our advertisers or by any affiliate partnerships we may have.

User Content

You may be able to post your own comments and other content to certain portions of our Sites.  All content added, uploaded or posted, distributed, or otherwise made available by users (“User Content”) remains the sole responsibility of the user who originally provided the User Content.  By posting User Content to our Sites, you grant us and our agents a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, transmit, display, perform, or publish your User Content on our Sites in any medium, and edit or modify your User Content (including the creation of derivative works), and to use or otherwise commercially exploit such User Content, including, without limitation, by running paid advertising on or adjacent to your User Content and by promoting and redistributing part or all of our Sites.  You also irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

You represent and warrant that you have all rights to your User Content and that you have the power to license your User Content to us without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.  By posting your User Content to our Sites, you agree to defend, indemnify, and hold us harmless against all claims arising out of your User Content.

You are solely responsible for your User Content, including making sure that it complies with our Terms.  We may choose in our sole discretion to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, we may do so at any time without notice to you.  We are not required to pre-screen, review, modify, or remove User Content from our Sites, and if we do so, you remain solely responsible for your User Content and any liability resulting from it.

If you choose to visit portions of our Site where User Content is displayed or otherwise available, you understand that you may be exposed to content you find offensive, objectionable, harmful, inaccurate, or deceptive, and you understand that we are not responsible for your User Content or for the User Content of other users of our Sites.

Our Acceptable Use Policy

You may use our Sites and Content only so long as you do not use them for any purpose that is prohibited by our Terms.  You are responsible for all activities you carry out in relation to our Sites and Content.

Your use of our Sites is subject to the following restrictions under our Acceptable Use Policy.

You may not:

  • License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Sites or our Content;
  • Modify, make derivative works of, disassemble, reverse-compile, or reverse-engineer any part of the Sites or any of our Content;
  • Access and use our Sites or Content to build a similar or competitive service;
  • Violate our intellectual property rights, or the intellectual property rights of any third party;
  • Violate any law, regulation, or ordinance applicable to you or your use of our Sites and Content;
  • Remove any copyright, trademark, or similar notice from our Sites or Content;
  • Harvest or otherwise collect information or date regarding other users of our Sites or Content;
  • Take any action that imposes or may impose unreasonable stress on our infrastructure;
  • Bypass or circumvent any security or rights-protection measures related to our Sites and Content;
  • Perform, copy, reproduce, distribute, republish, download, display, broadcast, post, or transit any part of our Sites or Content in any form or via any medium, unless expressly permitted by us in writing;
  • Use software or automated scripts to create multiple user accounts, generate automated searches and queries, or mine data from our Sites and Content (except that operators of public search engines are granted revocable permission to use spiders to copy our Sites and Content solely to the extent necessary to create a publicly available, searchable index of such materials, and expressly excluding the creation of caches or archives); or
  • Modify, translate, or otherwise create derivative works of our Sites or Content, unless expressly permitted by us in writing.

You also may not upload, post, or otherwise make available to us or via the Sites any User Content that:

  • Violates any law, regulation, ordinance, or contractual duty;
  • Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity;
  • Is false, misleading, deceptive, inaccurate (including “bait and switch” or unauthorized impersonations of any person or entity);
  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, profane, or harmful to minors in any way;
  • Harasses, degrades, intimidates, or is hateful towards an individual or a group of individuals;
  • Is unauthorized or unsolicited advertising, branding, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
  • Restricts or inhibits any other user from using and enjoying our Sites and Content;
  • Contains viruses or any other computer script, code, file, or program that is designed or intended to disrupt, damage, or otherwise interfere with the proper function of our Sites and Content, or to obtain unauthorized access to any system, password, database, or information;
  • Includes anyone’s personal information, private communications, or sensitive financial information without their permission;
  • Re-posts or redistributes any User Content that violates our Terms.

The above restrictions also apply to your use of any User Content that you do not yourself provide.

If you violate our Acceptable Use Policy, we may take any action we deem necessary, including suspension or termination of your access to our Sites and Content and of any user logins and accounts you may have with us, and the provision of information about you to the appropriate legal authorities.  If we terminate your access to our Sites and Content, any right you have to use our Sites and Content shall be automatically and immediately revoked.

If you are accessing our Sites and Content from outside of the U.S., you represent and warrant that: (i) you are not located in a country subject to a U.S. embargo or designated by the U.S. federal government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Copyright Dispute Policy.

We comply with the notice-and-takedown procedures set out in the U.S.

Millennium Copyright Act (“DMCA”), and have designated an agent to receive notices pursuant to the DMCA with the U.S. Copyright Office (our “Designated Agent”).  Before making a complaint to our Designated Agent, please be aware that you may only issue a DMCA take-down notice: (i) if you are either the owner of a valid copyright or are authorized to act on behalf of the copyright owner and (ii) you have a good-faith belief that you are complaining about a valid infringement of your copyright.

If you believe in good faith that material or content accessible via our Sites or content infringes your copyright, please send a notice of copyright infringement containing the following information to our Designated Agent:

  • Identify the copyrighted materials or content that are being infringed, including any copyright registration number (if applicable);
  • Identify the materials or content that you believe are infringing your copyright, including URLs and any other information required for us to locate the materials or content;
  • Contact information of the copyright rights-holder, or of an authorized agent of the rights-holder, including name, address, telephone number, and email;
  • A statement that you are the sole rights-holder of the copyright(s) and that you have not authorized the allegedly infringing materials or content;
  • A statement that you believe, in good faith, that no exception to your copyright (such as fair use) applies to the allegedly infringing materials or content; and
  • A statement that everything contained in your notice is accurate and that you have the legal right to issue your notice on behalf of the copyright owner.

Once our Designated Agent has received your notice, we will remove the materials or content at issue from our Sites or Content and will notify the individual or entity who provided the allegedly infringing materials or content.

The individual or entity who provided these materials or content may have an opportunity to provide a counter-notice in accordance with the DMCA to our Designated Agent if they believe in good faith that the removed materials or content is not infringing and was removed because of a mistake or misidentification.  Any such counter-notice must comply with the DMCA (including required contact information), and a copy of the counter-notice will be sent to the person who sent the original notice of alleged infringement.

If the person who sent the original notice of alleged infringement does not notify us within ten (10) business days of receiving the counter-notice that they have filed a court action seeking an order to keep the materials or content removed, we may restore the materials or content in question.

Please contact our Designated Agent at [email protected]

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