The Magic Studio™ service is provided by Lexara Ltd via the url http://www.magicstudio.com/ to enable teachers and family members to create and then share interactive content using their own pictures, videos, audio, text and family tree data along with media from private and public sector (museums, libraries, galleries and archives) publishers.

1. User Obligation

If you are seeking to upload and/or download material from the service or to engage in any activities other than passively viewing content provided through the service, you must register and become a Magic Studio™ user. As part of the registration process, you will be asked to 'ACCEPT' these Terms & Conditions. On doing so, you will be deemed to have consented to and you will be bound by these Terms & Conditions.

Users of the service merely wishing to view content do not need to register and become members. However, any use of the service (which includes but is not limited to simply viewing its content) constitutes your acknowledgement and acceptance of these Terms & Conditions, which takes effect the moment you first use the service.

Lexara Ltd reserves the right to change these Terms & Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of the service after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms & Conditions are not accepted in full, you do not have permission to access the service or its content and you should cease using Magic Studio™ immediately.

If there is any conflict between these Terms & Conditions and rules and/or specific terms of use appearing within the service relating to specific content and/or functionality then the latter shall prevail.

2. Permitted Users

You must be 16 years or older to use the Magic Studio™ service. By registering for the Service, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. If we discover or have any reason to suspect that you are not 16 or older then we reserve the right to suspend or terminate your membership of the service immediately and without notice.

3. Password and Security

When you register as a Member, you will be asked to select a PASSWORD that you can then use to access your account and log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and that you are responsible for all activity that occurs under it. Magic Studio™ is unable to check the identity of people using the Members' areas of the service and will not in any way be liable where your Password is used by someone else.

You agree to notify Magic Studio™ immediately of any unauthorised use of your Password and any other breach of security as soon as you become aware of it.

4. User Warranties

You agree that:

A. if registering as a Member, you are 16 years of age or older

B. all information and details provided by you to us are accurate, true and up to date in all respects and at all times (see our Privacy Policy on how to update your personal data); and

C. you will at all times comply with these Terms & Conditions

In addition, you agree to indemnify Lexara Ltd from any claim or damages (including any legal fees in relation to the same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms and Conditions by you or your violation of any law or the rights of any third party.

5. Copyright and Other Intellectual Property

The names, images and logos identifying Magic Studio™, Lexara Ltd and all Lexara associated companies or third parties and their products and services are proprietary marks of Lexara, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade mark or patent of Magic Studio™ Start, Lexara, its associated companies or any other third party unless expressly stated otherwise.

All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site, other than "User Generated Content" and "Your Data" (see below), shall remain at all times the property of Lexara or Lexara's licensors.

In accessing the Magic Studio™ service, you agree that you do so only for your own personal, non-commercial use. Unless otherwise stated, you may not distribute, transmit, broadcast, commercially exploit or modify in any way the site's material or content or permit or assist any third party to do the same.

User Generated Content includes all creative content uploaded onto the Magic Studio™ service by users i.e. images, audio, video, reviews, comments, data posting and all other material. All User Generated Content will be uploaded onto the site under a Creative Commons License (see below). You agree to be bound by the terms of each license.

Any private information and/or data relating to your content other than Your Data (for which see Privacy Statement at http://www.magicstudio.ie/home/privacy ) e.g. information provided to Magic Studio™ in relation to legal and best practice issues, that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of these Terms & Conditions by you or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

6. Terms of Use

The use of this site is only for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this site.

Any resource may be rejected by Lexara at its absolute discretion. All decisions are final and Lexara will not enter into any discussions or correspondence about why material has been rejected. There is no appeal process. Rejected materials that have been amended may be resubmitted but, as above, they may be rejected at the absolute discretion of Lexara.

Lexara may, in appropriate circumstances, and at its sole discretion, remove certain content or disable access to content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property rights of others, is defamatory etc., or for any other reason Lexara decides. In relation to all reviews that are posted onto the site (which are User Generated Content and, therefore, are uploaded under a Creative Commons License), authors hereby consent to Lexara editing such reviews in any way it deems fit for whatever reason. In all other respects the Creative Commons license remains unaltered.

If you believe that any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., by material available on the Magic Studio™ service please provide Magic Studio™ with the following information immediately:

  • The nature of your complaint and an exact description of where the material about which you complain is located within the site;
  • In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • Your name, address, telephone number, and email address;
  • A statement by you that the above information is accurate and, in the case of a copyright dispute that you are the owner of the copyright interest involved or are authorised to act on behalf of that owner; and
  • Your electronic or physical signature.

Magic Studio™ representatives can be reached as follows: Magic Studio™, Lexara Ltd, University of Southampton Science Park, 2 Venture Road, Southampton, SO16 7NP, United Kingdom or by email at info@magicstudio.com.

7. Third Party Sites/Links

Lexara is not responsible for the availability or content of any third party websites or material you access through this service. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Lexara does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Lexara is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

With the exception of any Magic Studio™ functionality provided specifically to enable Users to embed their own Magic Studio™ content within external systems and social networks, links to the Magic Studio™ service must be direct to any complete content page (and not any part of a page) within Magic Studio™ and must not be viewed within the pages of any other site. Lexara disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.

Links do not imply that Lexara endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Magic Studio™ or any of its affiliates or subsidiaries.

8. Disclaimer/Limitation of Liability

The Magic Studio™ service and the information, names, images, pictures, logos and icons relating to www.magicstudio.com, Magic Studio™, and/or any of Lexara's associated companies, products and services (or to third party products and services), is provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and other materials included within this service may contain inaccuracies and typographical errors. Lexara does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the service (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Lexara reserves the right, in its sole discretion, to correct any errors or omissions in any part of the service and to make changes to the service and to the materials, products or prices described in the Magic Studio™ service at any time without notice. In no event will Lexara and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Magic Studio™ service. These exclusions do not apply to death or personal injury caused by Lexara's negligence and only apply to the extent permitted by law.

Lexara does not warrant that the functions contained in this service will be uninterrupted or error free or that defects will be corrected or that the Magic Studio™ service or the server/s that make it available are free of viruses or bugs. Lexara does not represent the full functionality, accuracy or reliability of any material. Lexara may terminate, change, suspend or discontinue any aspect of the service, including the availability of any features of the service, at any time without notice or liability.

9. Magic Studio™ Products

Any products and services mentioned in any part of the service at http://www.magicstudio.com/ are subject to availability and are available at the sole discretion of Lexara.

10. Software

From time to time certain software which is the protected work of Lexara or its suppliers may be made available to download from the service. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.

11. Indemnity

You agree to indemnify and keep indemnified Lexara from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the Magic Studio™ service other than in accordance with these Terms & Conditions.

12. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Disputes arising from here shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

If any of these Terms & Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms & Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

Lexara makes no representation that materials within any of the pages connected from the url http://www.magicstudio.com/ are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.

13. More Information

For more information contact us at Magic Studio™, Lexara Ltd, University of Southampton Science Park, 2 Venture Road, Southampton, SO16 7NP, United Kingdom.

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