Last updated: October 25, 2023
Welcome to TheMagicPotionCafe.com owned by The Magic Potion Cafe ("we," "us," our ", “its” The Magic Potion Cafe"). The Magic Potion Cafe offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
Our store is hosted on Ecwid. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
Online Store Terms:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), or transmit any computer viruses or any code of a destructive nature.
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Site Contents: Information, Products & Services:
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Billing & Account Information:
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders or bookings placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address
In the event that we make a change to or cancel an order or booking, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third-Parties:
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback & Submissions:
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information:
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on our Privacy Policy Page.
Limitation of Liability:
In no case shall The Magic Potion Cafe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless The Magic Potion Cafe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Modifications to the Terms of Service:
The Magic Potion Cafe may update or revise this Terms of Service Policy from time to time to comply with changes in applicable laws or our business practices. Any updates or revisions will be posted on this page, and the Effective Date will be modified accordingly.
Contact Us:
If you have any questions or concerns regarding this Terms of Service Policy, please contact us at:
Please note that this Terms of Service Policy does not constitute legal advice, and you should consult with legal counsel for specific questions regarding legal matters.
COPYRIGHT NOTICE
Last updated: October 6, 2023
Welcome to TheMagicPotion.Com owned by The Magic Potion Cafe Inc. ("we," "us," or ", “its” The Magic Potion Cafe"). This Copyright Policy governs the use of copyrighted materials on our website and outlines the procedures for addressing copyright infringement claims. We respect the intellectual property rights of others and expect our users to do the same.
Copyrighted Material:
All of TheMagicPotion.Com’s original logos, product / service images, and videos are the property of The Magic Potion Cafe. The Website’s software & code are the property of Ecwid or its subsidiaries, and are thus protected by applicable copyright laws. For third-party content used on the Website, ownership may be subject to third-party rights.
Branded Content – Copywright Disclaimer:
Neither our Business The Magic Potion Cafe nor our Website TheMagicPotion.Com are commercially affiliated with any external brands, coporations, or logos mentioned, pictured, represented, or alluded to on our website.
Certain content, products and Services available via our Website may include materials from third-parties. The Magic Potion acknowledges that it does not own the copyright to any external brand names, brand products, or brand logos used in the creation of The Magic Potion Cafe’s products or services, nor any external brand names, brand products, or brand logos featured in the website’s images, videos and text descriptions. These brands, including but not limited to Army Painter, Privateer Press, Games Workshop, Vallejo, The Pokemon Game Company, Galeforce Nine, and Wizkids as well as their logos are the intellectual property of their respective owners.
Permissible Use of Copyrighted Material:
Users of TheMagicPotioncafe.com are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the copyrighted materials solely for personal, non-commercial purposes. Users must not engage in any of the following without obtaining explicit permission from The Magic Potion Cafe.
a. Reproducing, copying, or distributing copyrighted material beyond the scope of fair use or applicable copyright law.
b. Modifying, adapting, translating, or creating derivative works based on copyrighted material.
c. Removing, altering, or concealing copyright notices or other proprietary rights notices from copyrighted material.
Copyright Infringement Notification:
If you believe that your copyrighted work has been used on TheMagicPotionCafe.com in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to locate the material on TheMagicPotionCafe.com.
d. Your contact information, including your name, address, telephone number, and email address.
e. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information provided in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please direct your inquiries or concerns to notifications to:
Tristan Frenette-Ling
Modifications to the Copyright Policy:
The Magic Potion Cafe may update or revise this Copyright Policy from time to time to comply with changes in applicable laws or our business practices. Any updates or revisions will be posted on this page, and the Effective Date will be modified accordingly.
Contact Us:
If you have any questions or concerns regarding this Copyright Policy, please contact us at:
Please note that this Copyright Policy does not constitute legal advice, and you should consult with legal counsel for specific questions regarding copyright matters.
