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    TERMS OF USE

    Terms of Use and Community Guidelines

    By accessing or using these Sites, you are deemed to have read, understand and agree to be bound by these Terms of Use and Community Guidelines regardless of whether you are a visitor to these Sites or a registered member. These Terms of Use govern your conduct associated with the services offered by Black Magic Supps to the extent of any conflict between Black Magic’s Privacy Policy and the Terms of Use, these Terms of Use shall control.

    Please note Visitors and Members shall collectively be referred to as “User(s)”. The right to use these Sites or any product or service offered by them, is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms of Use and Community Guidelines at any time, and you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance these Sites shall be subject to these Terms of Use and Community Guidelines conditions. Your use of these Sites constitutes your agreement to these Terms of Use and Community Guidelines.

    Rules of Conduct, Submitting Content and Using BlackMagicSupps.com

    Effective Date July 7, 2021.

     

    1. Black Magic Responsibilities

     

    The BlackMagicSupps.com moderators will not look at every post, photo, video, or comment made on these Sites nor do we guarantee the integrity of every member on the Site. These Sites are not responsible if information made available on these Sites is not accurate, complete or current. We reserve the right to modify the contents of these Sites at any time (including removing postings, lock postings, warn members, suspend accounts, and/or cancel accounts without prior notice), but we have no obligation to update any information on these Sites.

    Our Sites and the Community Areas including such content as text, videos, pictures, audio, graphics, music and sound is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries and we have all rights therein. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law all individual articles, blogs, videos, content and other elements comprising our Sites are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Sites with or without notice.

     

    1. User Responsibilities

     

    You must be 18 years of age or older to provide information through these Sites. By using these Sites you represent that you are at least 18 years of age.

    You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby grant to these Sites and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas.

    You are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on the Site.

    By submitting your email address in connection with content you have submitted such as rating and review, your Questions or Answer, you agree that BlackMagicSupps.com and its third party service providers may use your email address to contact you about the status of your review, Questions or Answers and other administrative purposes.

    By submitting any content to BlackMagicSupps.com, you represent and warrant that:

    You are the sole author and owner of the intellectual property rights thereto; all “moral rights” that you may have in such content have been voluntarily waived by you; all content that you post is accurate;

    you are at least 18 years old; and that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

    Any sponsored athlete, brand ambassador, affiliate or paid referral that manipulates or takes advantage of the coupon code sharing will be terminated immediately and they will forfeit any and all commissions due and/or outstanding, no commissions will be paid to them. This includes anyone sharing their discount codes on any website (including BlackMagicSupps.com) in product reviews and on any discount or coupon code sharing website, or spamming social media profiles, pages and/or posts that they do not own with their discount code.

     

    1. License

     

    These Sites, including all of its contents, such as text, images, and the HTML or other code used (“Materials”) are BlackMagicSupps.com’s property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from these Sites, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here.

    In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.

     

    1. Conduct on the Site

     

    By accessing the Site, you agree to the following rules of conduct. You or third parties acting on your behalf are not allowed to frame these Sites or use frames or utilize framing techniques or technology to enclose any content included on these Sites without BlackMagicSupps.com's express written consent.

    Additionally, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without BlackMagicSupps.com’s express written consent. You agree and warrant that you shall not distribute, submit or publish any content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; You agree to not abuse the variety of tools BlackMagicSupps.com provides for member interaction for the purpose of spamming users. We look for certain user behaviors to determine whether an account is spamming and will terminate the account of the abuser.

    You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

    You understand the Site is available for your personal, non-commercial use only, and you agree not to use the Site for commercial activities or sales. Additionally, you may not ask members for help in the form of money, gifts, or donations.

    You agree to not use the Site in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Site.

    You agree to not submit any content to the BlackMagicSupps.com Ratings and Reviews and the Customer Answers for which you were compensated or granted any consideration by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers.

    You will not attempt to interfere in any way with BlackMagicSupps.com’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files.

    You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.

    BlackMagicSupps.com reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms of Use and Community Guidelines. Accounts that are inactive for more than one year may be removed without further notice.

     

    1. Security Rules

     

    Violations of system or network security may result in civil or criminal liability. BlackMagicSupps.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

     

    1. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
    2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to BlackMagicSupps.com sites, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
    4. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App.
    5. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
    6. Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation.

     

     

    1. Content Materials You Submit

     

    We are not responsible for the content users post on these Sites. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or “UGC” on this Site that you did not create or that you do not have permission to share. You may not post or upload to these Sites any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasion of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any law; or (iii) may contain software viruses, political campaigns, mass mailings, chain letters, or spam. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right, but no obligation to archive or to not publish, or make Forum discussion “Read Only”, or to modify or remove Site Content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use and Community Guidelines or otherwise harmful to these Sites.

    By posting UGC to these Sites, you understand and agree you grant BlackMagicSupps.com and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. BlackMagicSupps.com does not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. By using these Sites, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify BlackMagicSupps.com for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on these Sites unless otherwise agreed upon. BlackMagicSupps.com does not guarantee that you will have any recourse through BlackMagicSupps.com to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, BlackMagicSupps.com reserves the right to remove or tor refuse to post any submission for any reason.

     

    1. Notice of Abuse

     

    If you become aware of any abuse of BlackMagicSupps.com, misuse by a Site user, use in violation of these Terms of Use and Community Guidelines, or use by an individual who is not eligible for Site access, please report that circumstance to us at [email protected] and we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.

     

    1. Termination Back to top

     

    You may remove your UGC from the Site at any time, and you may terminate your membership at any time by logging into your account and following the instructions in your User profile.

    BlackMagicSupps.com reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these rules for Community Guidelines. Additionally, accounts that are inactive for more than one year may be removed without further notice.

     

    1. Links to Other Sites

     

    Members will find advertising or other content on our Site that link to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk. You understand and agree to release the BlackMagicSupps.com from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third-Party Site. Additionally, Site widgets or other Site content may be included on web pages and web sites that are not associated with us and of which we have no control. These sites operate independently of BlackMagicSupps.com and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.

     

    1. Copyright Complaints

     

    You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

    Copyright Agent: [email protected]

    It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

    Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

     

    1. Updates to Our Community Guidelines

     

    BlackMagicSupps.com reserves the right to change, modify, add or remove any portion of this policy to reflect changes in our business practices and service offerings. The most recent version of the Community Guidelines will be posted on the Site. It is your responsibility to check for changes we make to the Community Guidelines. Your use of the Site after any changes to the Community Guidelines or other policies indicates to us you accept the changes. We will also notify you of any material changes in the way we treat your information by placing a prominent notice on our site or sending a notice to the primary email address specified in your account.

     

    1. Proprietary Rights

     

    As between you and BlackMagicSupps.com, (or other company whose marks appear on or via these Sites). BlackMagicSupps.com (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on these Sites, and is the copyright owner or licensee of the Content and/or information on these Sites, unless otherwise indicated.

    Except as otherwise provide herein, use of these Sites does not grant you a license to any Content, features or materials you may access on these Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of these Sites is strictly prohibited, except as allowed herein or otherwise approved by us.

    You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by BlackMagicSupps.com. If you make use of these Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on these Sites.

    The information on these Sites including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

    Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of BlackMagicSupps.com or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationality.

    The BlackMagicSupps.com logos and service names are trademarks of BlackMagicSupps.com. Without BlackMagicSupps.com’s prior permission, you agree not to display or use BlackMagicSupps.com Marks in any manner. Nothing on these Sites should be construed to grant any license or right to use any BlackMagicSupps.com Mark without our prior written consent.

    You agree to defend, indemnify and hold BlackMagicSupps.com, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to our in connection with you use of these Sites, your violation of the Terms or the posting or transmission of any materials on or through these Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

     

    1. DISCLAIMER OF WARRANTIES

     

    YOU UNDERSTAND AND AGREE THAT:

    THESE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE. BlackMagicSupps.com DOES NOT WARRANT THAT THESE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BlackMagicSupps.comMAKES NO WARRANTY THAT THESE SITES WILL MEET USERS EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THESE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THESE SITES, YOUR SOLD REMEDY IS TO DISCONTINUE USING THEM.

    ANY MATERIAL, UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THESE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.

    BlackMagicSupps.com DOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THRUOGH THESES  SITES OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THE THIRD PARTIES ON OR THROUGH THESE SITES. BlackMagicSupps.com IS NOT A PARTY TO, AND DOES NOT MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF BlackMagicSupps.com.

     

    1. LIMITATION OF LIABILITY

     

    IN NO EVENT SHALL BlackMagicSupps.com, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BlackMagicSupps.com OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BlackMagicSupps.com TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, \$100.00.

     

    1. Applicable Law/Jurisdiction

     

    You agree that the laws of the state of Georgia excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of these Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with BlackMagicSupps.com or relating in any way to your use of these Sites resides in the state and federal courts located in Atlanta or Norcross, Georgia, and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.

     

    1. Consent to Processing

     

    By providing any personal information to or through these Sites, all users, including without limitation users in the European Union, fully understand unambiguously consent to the collection and processing of such information in the United States.

    Any inquiries concerning these Terms should be directed to: [email protected]

     

    1. Notices

     

    Notices to you may be made via either email or regular mail. BlackMagicSupps.com may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on these Sites.

     

    1. General Information

     

    The Terms constitute the entire agreement between you and BlackMagicSupps.com and govern your use of these Sites, superseding any prior agreements between you and BlackMagicSupps.com. You also may be subject to additional terms and conditions that are applicable to certain parts of these Sites.

    You agree that no joint venture, partnership, employment, or agency relationship exists between BlackMagicSupps.com and you as a result of this Agreement or your user of these Sites.

    Any claim of cause of action you may have with respect to BlackMagicSupps.com or these Sites must be commenced within one (1) year after the claim of cause of action arose.

    The failure of BlackMagicSupps.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

    You may not assign the Terms or any of your rights or obligation under the Terms without BlackMagicSupps.com’s express written consent.

    The Terms inure to the benefit of BlackMagicSupps.com successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

     

    10. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

    Black Magic Supply (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policyhttps://www.blackmagicsupps.com/pages/private-policy(the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).Message and data rates may apply. Message frequency varies. 
    2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree thatBlack Magic Supply and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
    3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing,promotion, payment, delivery and sale of supplements, and new product launches.Messages may include checkout reminders. 
    4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
    5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at[email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
    6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
    7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.Carriers are not  liable for delayed or undelivered mobile messages.
    8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
    9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
    10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

    - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

    - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

    - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

    - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

    - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

    - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

     

    1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration inNorcross, Georgiabefore one arbitrator.

    The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in whichBlack Magic Supply’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

    THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

    Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    1. State Law:
    • Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
    •  
    • Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
    1. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

     

    1. General Content Guidelines

     

    Images Uploaded to Questions and Answers on BlackMagicSupps.com:

    Must be in BMP, PNG, GIF or JPEG format.

    File size must be 5 MB or less.

    Images but be at least 60 pixels tall and 60 pixels wide.

    If you are not the copyright holder, you may not submit copyrighted images.

    Objectionable images will be rejected.

    Uploaded images become the property of BlackMagicSupps.com.

    When writing your question, answer or review on BlackMagicSupps.com:

    Use the product before writing the review.

    When writing a review, focus on the product and you individual experience using it.

    When writing a review, provide detail about why you liked or disliked a product.

    When writing a review, please avoid info that changes, such as price and promotional details, info about other companies and websites, inappropriate language and attitude.

    When writing a review, please do not submit any feedback other than for product reviews. If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly using the Contact Us page of the Site.

    Questions, Answers and Reviews must be in English

    When writing a question or answer, make sure it is relevant to the product

    When writing a answer, make sure it is relevant to the question being asked

    When writing a question or answer, if applicable, include the model number

    To protect your privacy, please do not submit email addresses, URLs, phone numbers, physical addresses or other forms of contact/personal information. We reserve the right to not post your question or answer if it violates these Terms of Use and Community Guidelines.

     

    1. Questions and Suggestions

     

    If you have questions about these Terms of Use and Community Guidelines, please contact our privacy team:

    by email at: [email protected] and include your name and telephone number or mail address so that we can contact you; or by letter to us at: Black Magic 4505 Essen Lane, Cumming, GA 30041, making sure to include your name and mailing address or telephone number so that we can contact you.

     Effective Date July 7, 2021.

     

    The Black Magic Team

    PRIVACY POLICY

    The privacy policy explains how, why and what we do with the data we collect from you.

    Privacy Notice

    Last updated: July 7, 2021.

    Active Wholesale LLC knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting BlackMagicSupps.com, you are accepting the practices described in this Privacy Notice.

    What Personal Information About Customers Does Black Magic Supply Gather?

    The information we learn from customers helps us personalize and continually improve your Black Magic experience. Here are the types of information we gather.

    Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. Click here to see examples of what we collect. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

    Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses BlackMagicSupps.com or advertisements and other content served by or on behalf of Black Magic on other Web sites. Click here to see examples of the information we receive.

    Mobile: When you download or use apps created by us, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.

    E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Black Magic if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Email Preferences.

    Information from Other Sources: We might receive information about you from other sources and add it to our account information. Click here to see examples of the information we receive.

    What About Cookies?

    Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as personalized advertisements on other Web sites and storage of items in your Shopping Cart between visits.

    The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Black Magic’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any products and services that require you to sign in.

    Does Black Magic Share the Information It Receives?

    Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with our parent corporation, Amazon.com, Inc., and the subsidiaries it controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

    Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses might sell offerings to you directly through BlackMagicSupps.com. In other cases, we might sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.

    Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

    Promotional Offers: Sometimes we send offers to selected groups of our customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Email Preferences.

    Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Black Magic, or substantially all of its assets, are acquired, customer information will of course be one of the transferred assets.

    Protection of Black Magic and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions of Use and other agreements; or protect the rights, property, or safety of Black Magic, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

    With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

    How Secure Is Information About Me?

    We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

    We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

    It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

    What About Third-Party Advertisers and Links to Other Websites?

    Our site includes third-party advertising and links to other Web sites. For more information about third-party advertising at BlackMagicSupps.com, including personalized or interest-based ads, please read our Interest Based Ads policy.

    Which Information Can I Access?

    Black Magic gives you access to a broad range of information about your account and your interactions with Black Magic for the limited purpose of viewing and, in certain cases, updating that information. Click here to see some examples, the list of which will change as our Web site evolves.

    What Choices Do I Have?

    As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of Black Magic features, such as participating in Black Magic community forums.

    You can add or update certain information on pages such as those referenced in the “Which Information Can I Access?” section above. When you update information, we sometimes keep a copy of the prior version for our records.

    If you do not want to receive e-mail or other mail from us, please adjust your Email Preferences. If you do not want to receive Terms and Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of BlackMagicSupps.com, and it is your responsibility to review them for changes.

    You can opt-out of receiving interest-based advertising from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance™s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.

    The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Black Magic’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any Black Magic products and services that require you to sign in.

    Are Children Allowed to Use BlackMagicSupps.com?

    Black Magic does not sell products for purchase by children. If you are under 18, you may use BlackMagicSupps.com only with the involvement of a parent or guardian.

    Terms and Conditions of Use, Notices, and Revisions

    If you choose to visit BlackMagicSupps.com, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Georgia. If you have any concern about privacy at BlackMagicSupps.com, please email [email protected] with a thorough description, and we will try to resolve it.

    Our business changes constantly, and our Privacy Notice and the Terms and Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

    Examples of Information Collected

    Information You Give Us

    You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you register as a member, search for products, place an order through Black Magic or one of our third-party sellers, or participate in community forums, surveys, contests, promotions, content submissions, discussion groups, requests for suggestions or other features or services offered by us. As a result of those actions, you might supply us with such information as your name, address and phone numbers; your appearance if you elect to use an image of yourself as your avatar; credit/debit card information; people to whom purchases have been shipped, including addresses and phone numbers; and content of reviews and e-mails to us.

    Automatic Information

    Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our customer service. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

    Mobile

    Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

    Information from Other Sources

    Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

    Information You Can Access

    Examples of information you can access easily at BlackMagicSupps.com include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, e-mail preferences); payment settings (including credit card information); e-mail notification settings; and your avatar image and community forum signature.

    Interest-Based Ads

    We use Google and third-party ad serving companies to display interest-based advertising using information you make available to us when you interact with our websites, content or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our websites, visiting sites that contain our content or ads, or interacting with our websites and services. Click here for more information about the types of information that we gather. In providing interest-based ads, Amazon follows the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations).

    We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable ad networks and advertisers to learn about what ads you see, what ads you click, and other actions you take on our websites and other sites. This allows ad serving companies to provide you with more useful and relevant ads. For example, if they know what ads you have been previously shown they can be careful not to show you those same ads repeatedly.

    We do not provide any personal information to advertisers or to the third-party sites that display our interest-based ads. However, advertisers and other third parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide us and Google information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that may be used to provide you more relevant and useful advertising.

    Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that may appear on our websites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by our Privacy Notice or this Interest-Based Ads Policy. Please contact them directly for more information about their privacy practices.

    Text Marketing, SMS and notifications (if applicable)

    By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription for or a keyword or entering your phone number in our web forms or contest forms you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 20 per month.

    You can unsubscribe from further text messages by clicking on the unsubscribe link or reply to the message with STOP or reach out to us at the email address below so we can unsubscribe you. Regular text messaging rates apply.

    When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

    When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

    Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

    Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.