Terms of Service

TERMS OF SERVICE AND PRIVACY POLICY

The Mendiburu Magic Foundation Web site is maintained by the Mendiburu Magic Foundation. We can be reached by writing to:

The Mendiburu Magic Foundation
11216 Aimee Way
Bakersfield, CA 93312

Or By Phone:
(661) 587-9940

or By Email:
mendiburumagic@bak.rr.com

The following Terms of Service and Privacy Policy ("Terms") govern your use of the Mendiburu Magic Foundation (MMF) Web site. By accessing this Web site and any of its pages, you agree to be bound by the terms and conditions set forth in these Terms. If you do not agree to these Terms, then do not access this Web site or any of its pages.

Restrictions on Use

This site is owned and operated by MMF and contains material which is derived in whole or in part from material supplied by MMF and other sources, and is protected by federal and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and comply with any applicable end user license agreements.
Content on MMF has provided links and pointers to Internet sites maintained by third parties. Neither MMF, its parent, subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. MMF is not and cannot be responsible for content published on Internet sites other than its own (nor can it be assured of its source or authenticity). MMF does not endorse or stand behind the accuracy; truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of MMF, other than information provided by authorized MMF spokespersons. Statements made in Web sites, newsgroups, message boards, email, forums, conferences, bulletin boards and chats reflect only the views of their authors. Neither forum managers nor forum hosts are authorized MMF spokespersons, and their views do not necessarily reflect those of MMF. Advice received via MMF should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Disclaimer the materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, MMF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MMF does not warrant that the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including Bulletin Boards (as defined below), or the server that makes it available, are free of viruses or other harmful components. MMF does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not MMF) assume the entire cost of all necessary maintenance, repair or correction. You (and not MMF) are responsible for the accuracy of any information contained in the MMF Web site or any of its pages that you choose to rely on and you are responsible for verifying the accuracy of such information before relying on it.

Limitation of Liability and Warranties

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MMF, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, (B) THE DISPLAY OF, OR INABILITY TO DISPLAY, OR © ANY OTHER FORM OF INTERACTION OR COMMUNICATION, OR INABILITY TO INTERACT OR COMMUNICATE, WITH THE MMFAC MATERIALS OR ANY THIRD PARTY SITE(S) TO WHICH THE MMFAC WEB SITE OR ANY OF ITS PAGES PROVIDES A LINK (INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF ANY COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MMFAC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INAPPROPRIATE, ILLEGAL OR OTHER CONDUCT OF ANY USER. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MMFAC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE. IF YOU ARE DISSATISFIED WITH ANY MMFAC MATERIAL, OR WITH ANY OF MMFAC TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MMFAC.

Privacy and Use of Personal Information

MMF is a non-subscription site and users may use most parts of MMF without providing information that personally identifies them ("Personal Information"). However, there may be times that MMFAC requests that you provide Personal Information in order to obtain the benefits of a particular service, as part of a contest or promotion, in order to receive future information, or in order to personalize your on line experience. In that case, the individual web page or Web site requesting the information will identify when Personal Information is necessary, the expected use of the information and how MMF secures such information once you have provided it. You may then determine whether to provide the Personal Information and take advantage of the benefits of the page or site. In addition, MMF or an individual site or page within MMF may place a text file called a "cookie" in the browser files of your computer. Cookies are pieces of information that a Web site transfers to an individual's hard disk for record keeping purposes. The cookie itself does not contain Personal Information although it will enable the page or site to relate your use of the page or site to information that you have specifically and knowingly provided to the page or site.

Finally, by being a user of this Web site, you agree that MMFAC may share with other parties any information gathered by MMFAC in the course of your continuing use of this site, which does not personally identify you. MMFAC also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. If at any time you believe MMFAC has not adhered to these principles of privacy and use of personal information, please notify us by using the contact information at the top of this page and we will use commercially reasonable efforts to promptly determine and correct the problem. If you have questions about this policy, please contact us.

Bulletin Boards

This service may include bulletin boards, chat rooms and/or other communication forums ("Bulletin Boards") which allow feedback to MMF and/or real-time interaction between users. MMF does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this Web site that you use the Bulletin Boards only to send and receive messages and materials that are proper to the Bulletin Board. By way of example, and not as a limitation, you agree that when using a Bulletin Board you will not:
Restrict or inhibit any other user from using and enjoying the Bulletin Boards. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters. Download any file that you know, or reasonably should know, cannot be legally distributed via MMF. You understand that MMF has no obligation to monitor the Bulletin Boards. However, MMF reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MMF sole discretion are objectionable or in violation of these terms and conditions. You acknowledge that Bulletin Boards are public and not private communications. Further, you acknowledge that Bulletin Board postings by other users are not endorsed by nor subject to the editorial or other control of MMFAC.

License to MMF

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting MMFAC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Termination

This agreement is effective until terminated by MMF, at any time without notice. In the event of termination, you are no longer authorized to access this Web site and the restrictions imposed on you with respect to material downloaded from the Bulletin Boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. No Unlawful or Prohibited Use As a condition of your use of this Web site, you warrant to MMF that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Changes to Terms MMF reserves the right to change these Terms at any time by posting the revised version on MMF.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

TRADEMARKS

MMF and/or other MMF products referenced herein are either trademarks or registered trademarks of MMF products referenced herein are either trademarks or registered trademarks of MMF. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.