Welcome to The Wicked Wizard!

These terms and conditions (the “Terms and Conditions”) are entered into by and between You and The Wicked Wizard, LLC and govern your access to and use of The Wicked Wizard's Website, located at https://thewickedwizard.com (the “Website”).

By using or accessing the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at [LINK] (“Privacy Policy”). Do not continue to use or access the Website if you do not agree to these Terms and Conditions.

This Website is offered and available to users who are 18 years of age or older. By using this Website, You represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The following terminology applies to these Terms and Conditions, Privacy Policy: "Client", "You" and "Your" refers to you, the person accessing or using this website. The “Company", “Wicked Wizard”, "Ourselves", "We", "Our" and "Us", refers to The Wicked Wizard, LLC. "Party", "Parties", or "Us", refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Cookies

We employ the use of cookies. By accessing The Wicked Wizard, you agreed to use cookies in agreement with the The Wicked Wizard's Privacy Policy.

Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, The Wicked Wizard and/or its licensors own the intellectual property rights to all materials, content, features, and functionality on the Website. All rights not expressly granted to You in these Terms and Conditions reserved. You may access the Website for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from The Wicked Wizard
• Sell, rent or sub-license material from The Wicked Wizard
• Reproduce, duplicate or copy material from The Wicked Wizard
• Redistribute content from The Wicked Wizard

This Agreement shall begin on the date that You first access or use the Website.

Parts of the Website offer an opportunity for users to post and exchange opinions and information (“Comments”) in certain areas of the website. The Wicked Wizard does not filter, edit, publish or review Comments prior to their being posted on the website. Comments do not reflect the views and opinions of The Wicked Wizard, its agents and/or affiliates. Comments reflect the views and opinions of the person who posted the Comment. To the extent permitted by applicable laws, The Wicked Wizard shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

The Wicked Wizard reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

By posting a Comment, You warrant, represent, and covenant that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not violate any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant The Wicked Wizard a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to the Website, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests in our sole discretion.

To the extent that we approve a request to link to the Website, these organizations may link to the Website so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you wish to submit a request to link to the Website, you must contact The Wicked Wizard through the Website. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of The Wicked Wizard's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your website. You agree to indemnify and defend Us against all claims that is rising on your website. No website including a link to our Website should include link(s) to content or websites that may be interpreted as libelous, obscene or criminal, or which infringe, otherwise violate, or advocate the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions at any time. By continuously linking to our Website, you agree to be bound to and follow these Terms and Conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms and Conditions or in connection with the Website, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

last update: March 18, 2024