Terms of Service
Service Agreement (the “Agreement”) describes the terms and conditions on which A Touch of Magic, Inc., (“we” or “ATOM Inc”) offer services to you (“User”). By using our services, User agrees to be bound by the following terms and conditions:
To the extent that the user is uploading or adding content to the website or through our apps or services, we reserve the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
Copyrighted material are also strictly prohibited. We reserve the right to decide appropriate content and can delete images or videos at any time without User notification.
Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. Uploads or any content with images, videos and files that violate copyrights or trademarks are not allowed. If you upload or add content, and if someone has an infringement claim against you, you will be asked to remove the copyrighted file until the issue is resolved. If there is a dispute between participants on this site, ATOM Inc is under no obligation to become involved.
A Touch of Magic, Inc., (“we” or “ATOM Inc” or “ATOM Press”) A Touch of Magic, Inc. manages a publishing division named ATOM Press. ATOM Press is a Trade Name (registered along with it’s parent corporation in Washington State). ATOM Inc and it’s registered trade names including ATOM Press are not liable for your images, videos or files or any lost business due to the unavailability or loss of the website. We make no claims of future reliability in serving, hosting or storing your images, videos or files.
Managing Your Information Preferences
Information we collect and how we collect it
Personal Information You can use certain features of the Services without providing us with any information that identifies or may be used to directly identify you (“Personal Information”). We collect certain Personal Information when you register with steffansoule.com, including your username, e-mail address, and payment information.
We may collect other personal information if you become a reseller or use certain features of the Service. We collect personal information only if you choose to share it with us. The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use certain features of the Services.
We automatically collect usage information that does not directly identify an individual user (“Usage Data”). For example, each time you use the Services we may automatically collect the type of Web browser you use, your operating system, your internet service provider, your IP address, the links you use, and the time and duration of your use of the service. We use this usage data to help us understand how people use the service, and to enhance the services we offer. None of this information can be used to directly identify you, and we will not use it for the purpose of attempting to identify you. We may be required to disclose information such as your IP address (a unique numerical identifier for your computer that may or may not change over time) which could be used by others to attempt to identify you.
Cookies and Web Beacons
Storage of Information
The information we (ATOM Inc, and/or steffansoule.com) collects about you and your usage of the services will be transmitted to and stored by steffansoule.com on servers.
How we use information and when we may share information:
We may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide services such as payment processing, maintenance and support, data storage and management, advertising, and marketing. We provide our Service Providers with only the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using personal information other than as specified by steffansoule.com.
Please note that when you make payments to steffansoule.com, the information you provide is submitted to a third-party payment provider. It is not received or maintained by steffansoule.com, except that your e-mail address will automatically be provided to us when you first pay for a premium account, so that we can establish your account and provide you with the special features offered to premium account holders.
We will hold your personal information on our systems for as long as is necessary for the relevant activity. If you cancel your registration and your account is deleted steffansoule.com will no longer use the personal information, but for administration purposes it will stay on our system for a period of one year before being deleted.
Compliance with Laws and Law Enforcement
steffansoule.com cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate for any of the following reasons: to respond to legal requests (including court orders and subpoenas); to protect the safety, property, or rights of steffansoule.com, any steffansoule.com user, or any third party; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.
Be Careful When You Share Information
Please be aware that whenever you share information in an uploaded file via the service, that information may be accessed by the recipient. That means that anyone with access to the shared file can potentially use it for any purpose, including potentially uploading, storing, or sharing files, sending unsolicited communications, or redirecting payments.
steffansoule.com is very concerned about safeguarding the confidentiality of your psersonal Information. We employ reasonable physical and electronic measures designed to protect your information from unauthorized access. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Service, we cannot and do not guarantee the security of any information you upload, store, share, transmit, or provide on or through the Service, and you do so at your own risk.
Links To Content and to Other Websites
We do not knowingly collect Personal Information from children under the age of 18. By using our services, you promise that you are at least 18 years old. If we become aware that a user is under the age of 18, we will terminate any account that user may have with steffansoule.com. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
Importance of Non-Disclosure
Regarding the Secrets of the mDeck and the app “Any Card at Any Number” (“ACAAN”) and the Secrets of Magic as a performance art.
When you watch a bit of magic, you are entering into a relationship with a magic secret. If you know the magic secrets in a magic show, the show is not as fun…, or is it? You decide, but let me assure you, we do not want to share the secrets of magic for mere curiosity. So we provide a sure fire process for guarding our Secrets. It is a non-disclosure and it is the only one that covers legitimate secrets! In other words, the secrets of magic a protected by YOU and your relationship to the ART. The more we all have to pay, the more we cherish our secret!
So, here is the non-disclosure agreement when you use the mDeck with the Steffan Soule Stack or when you use the app (ACAAN) in any way.
This non-disclosure AGREEMENT is entered into by using the website steffansoule.com, the app “Any Card At Any Number” and the deck of cards known as the mDeck with the app. The magic effects created by using the app and the mDeck are trade secrets. The user is referred to as “Individual” and the publisher of the app and of the website and of the secrets is referred to as A Touch of Magic, Inc., a Washington corporation (“ATOM”).
WHEREAS, Individual desires to work with ATOM’s app or mDeck or other effects published by ATOM (ATOM’s creations) in the design and/or execution of magic effects for a magical production and/or a production using magic, (the “Production”) and will work with ATOM’s creations or with magic effects and/or illusions designed with ATOM’s direction in collaboration with other designers and builders during the design and/or execution of the Production, and
WHEREAS, the parties both recognize that the concepts and techniques ATOM employs in designing and producing the magic in the Production are trade secrets of great value to ATOM and that this value will be destroyed by disclosure of these concepts and techniques, to ATOM’s irreparable harm, and
WHEREAS, this value and any damage thereto are difficult to prove and not susceptible of precise calculation,
THEREFORE the parties AGREE as follows:
- Individual will not disclose any of the concepts and techniques used, proposed or discussed by ATOM (the “Information”), or permit the Information to be disclosed, to any third party. Individual will take all steps reasonably necessary to prevent such disclosure.
- Individual will not disclose the Information or permit the Information to be disclosed to any of its employees or co-workers except as necessary to permit the design, preparation or presentation of the Production. Individual will take all steps reasonably necessary to prevent such disclosure.
- Individual will direct any employees or co-workers who must be provided with the Information not to disclose the Information to any other entity, and will take all steps reasonably necessary to prevent such disclosure.
- In the event of disclosure of the Information by Individual in violation of this agreement, Individual shall pay to ATOM either (a) actual damages resulting from the disclosure, or (b) a sum equal to five times the specified charge for each effect or concept compromised by such disclosure. Option (b) is intended as liquidated damages, not as a penalty. ATOM shall also be entitled to seek any other appropriate relief, including injunctive relief to prevent disclosure, in any competent court.
- This agreement shall be governed by the laws of the State of Washington regardless of the place of its execution. Individual consents to the jurisdiction of any competent court located in the State of Washington with respect to any dispute arising under this agreement.
RELEASE AND WAIVER
A Touch of Magic, Inc (“Producer”), produces audio-visual productions such as, “Mysterian” or “Magical Perspectives” or “mDeck Learning Videos” (the “Show”) containing scenes, shots, events or interviews in which you perform, participate, are portrayed, or appear recognizably. As an inducement for its actions with respect to the Show, and for good and valuable consideration the receipt of which is hereby acknowledged, you hereby grant Producers, their agents, successors, licensees and assigns the right to photograph or otherwise reproduce (whether by film, tape, still photography or otherwise) your voice, appearance, likeness, image, biography, name and other aspects of my persona (the “Rights”), to own all right, title and interest in the results thereof as a work for hire for copyright purposes, and to exhibit, distribute, transmit and/or otherwise exploit any and all such reproductions containing the Rights, or any component elements thereof, altered as Producers may see fit, in any and all media now or hereafter known, including, without limitation, by means of still photography, motion pictures, radio, television, television motion pictures, video, soundtrack recordings, printing or merchandising, and in advertising and/or publicity in connection therewith, and the right to use the Rights, or any component elements thereof, in any connection with any of the foregoing. The Rights granted by me hereunder are granted for the entire universe and shall inure in perpetuity and no compensation shall be payable to me at any time in connection therewith. You hereby release and discharge Producers and their employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that you may have or may in the future have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of the Rights granted under this Release. Nothing contained herein shall be deemed to obligate Producers to complete the production of the Show or to make use of any of the rights granted herein. You understand Producers are conducting such activities in express reliance upon the foregoing, and you represent and agree that you are free to grant the Rights granted to Producers hereunder.
If you have any questions please Contact Us at the link below.