1. Acceptance of Terms

1.1. By accessing or using our website - open-magic.ai (Archeads Inc. 220E 23rd st, New York, NY 10010 #400), you signify that you have read, understood, and agree to be bound by these Terms of Use and any additional terms and conditions referenced herein or otherwise made available to you. These terms constitute a legally binding agreement between you and our company regarding your use of the site, its content, and its services.

1.2. If you do not agree to these Terms, you must immediately cease using the website and any related services. Continued use of the site constitutes acceptance of these Terms, as may be amended periodically.

1.3. In addition, by using certain features or services provided on our website, you may be subject to additional guidelines, rules, or terms of service that apply specifically to those features or services. These additional guidelines are incorporated by reference and are part of your agreement with us when using these features.

1.4. You must be at least 18 years old or have reached the age of majority in your jurisdiction to use this website. By agreeing to these Terms, you represent and warrant that you meet this requirement and have the legal authority to enter into this agreement.

2. License to Use the Videos

By accessing or downloading the Videos from the website, you are granted a limited, non-exclusive, non-transferable, royalty-free license to use the Videos for the specific purposes outlined below, subject to the limitations and conditions of this Agreement. The type of usage allowed depends on whether you are a free or subscribed user:

Free Users: Free users are granted a license to use the Videos for non-commercial purposes only, which may include personal use, educational use, or content creation for non-commercial projects (such as blogs, personal websites, and social media - if it's not connected to promotion and/or endorsement).

Subscription Users: Subscription users are granted a license to use the Videos for both commercial and non-commercial purposes. Commercial uses include, but are not limited to, use in marketing, advertisements, product packaging, media productions, corporate websites, and other commercial projects.

This license is revocable, meaning we can revoke or terminate your access at any time for violation of these Terms.

Intellectual Property and Service Use

All content and materials available on our website, including but not limited to logos, graphics, site features, design, and underlying code, are the exclusive property of our company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or modify our website's content for any purpose other than as expressly authorized by us.

You are granted a limited, non-exclusive, revocable license to access and use the website’s services strictly in accordance with these Terms. You agree not to:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, its services, or access to the website without express written permission from us.

Use the website for any illegal, unauthorized, or prohibited activity as described in these Terms.

Reverse-engineer, decompile, or extract source code or other proprietary features of the website.

Termination of License

If you violate these Terms of Use, your license to use the website and the license granted by you to us may be terminated or suspended at our discretion. Upon termination, we may remove or disable access to any content associated with your account, and you agree to cease all use of our intellectual property.

3. Prohibited Uses

You may not use, copy, modify, distribute, or display the Videos in any way that:

Infringes upon the intellectual property rights of others, including but not limited to copyright, trademarks, or patents.

Violates any local, state, national, or international laws or regulations, including laws related to intellectual property, privacy, or data protection.

Uses the Videos to create or promote illegal, harmful, or offensive content.

Misleads or deceives others, including through false representation of the source or ownership of the Videos.

Uses the Videos in a manner that could harm or damage the reputation of our platform.

If you are a subscription user, you may use the Videos commercially, but you are not permitted to resell, sublicense, or redistribute the Videos on their own or as standalone content without permission from us.

4. User Responsibilities

Compliance with Laws: You are responsible for ensuring that your use of the Videos complies with all applicable laws, regulations, and third-party rights.

No Modifications: You are prohibited from modifying the Videos in a way that could misrepresent their content or creators, including altering the Videos to portray content in a false or misleading manner.

Attribution: Unless otherwise specified, you may be required to provide appropriate credit or attribution to the original video creators when using the Videos, depending on your usage rights and the specific terms outlined on the platform.

Video Ownership and Intellectual Property Rights

Ownership: You acknowledge that the Videos and all related intellectual property rights, including copyrights, trademarks, and all other proprietary rights, remain the property of the original content creators or the platform, and are licensed to you under the terms outlined in this Agreement.

No Transfer of Ownership: This Agreement does not transfer ownership of the Videos to you. You are granted a limited, non-exclusive license to use the Videos according to the terms specified.

5. DMCA Compliance

Our website complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted material has been used without authorization, you can submit a DMCA takedown notice. This notice must include:

Your contact information.

A description of the copyrighted work.

The location of the infringing material on our site.

A statement of good faith belief that the use is unauthorized.

Upon receipt of a valid DMCA notice, we will act expeditiously to remove or disable access to the infringing content. Please send your notice at hello@w3rlds.com.

6. Subscription Plans and Payment Terms

Subscription users must select a subscription plan that grants them access to certain Videos based on the level of service. Subscription fees will be outlined clearly on the website and may vary depending on the plan chosen.

Payment and Billing: By subscribing, you agree to pay the applicable subscription fees on a recurring basis. Payments will be billed automatically at the start of each billing cycle.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period.

Refund Policy: Refunds for subscription payments are provided according to our Refund Policy, as detailed on the website.

You are responsible for providing accurate and up-to-date payment information. Failure to provide valid payment details or meet any required criteria may result in delays or forfeiture of remuneration.

We reserve the right to modify, suspend, or terminate the subscription structure at any time. If changes are made to the remuneration terms, users will be notified through the website or via email, and such changes will take effect as specified. Continued use of the website after such changes constitutes your acceptance of the updated terms.

Payment details and any applicable fees or charges will be clearly displayed during the transaction process. You acknowledge that we are not responsible for any issues arising from payment processing failures, including but not limited to errors made by third-party payment providers.

7. Privacy Policy

Your use of the website is governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using the website, you consent to the collection and use of your data in accordance with the terms set out in our Privacy Policy. You can view the Privacy Policy at [insert link to Privacy Policy].

8. Termination

We may suspend or terminate your account and/or access to the website, in whole or in part, at our discretion, with or without notice, if we believe you have violated these Terms, including any rules or guidelines specified on the website. Termination may also occur for any other reason deemed appropriate by us, including but not limited to failure to comply with legal obligations or other policies outlined in the website’s terms.

Upon termination, you must immediately cease using the website and all associated services. Any content you have uploaded to the website may be removed or made inaccessible. However, any rights we may have already licensed or sublicensed prior to termination may still be valid and enforceable.

9. Limitation of Liability

To the fullest extent permitted by applicable law, we, our affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the website, content, services, or any other materials provided through the website, even if we have been advised of the possibility of such damages.

This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses resulting from:

Your use or inability to use the website,

Unauthorized access to or alteration of your content,

Actions of other users or third parties on the website,

Technical issues related to the website.

Some jurisdictions do not allow the exclusion of certain types of liability, so the above exclusions may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by law.

No Warranty and Limitation of Liability

No Warranty: The Videos are made available to you on an "as is" basis. We do not guarantee that the Videos will meet your specific needs or expectations, or that they will be error-free or uninterrupted.

Limitation of Liability: To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Videos or our website. Your sole remedy in case of dissatisfaction is to stop using the Videos and cancel your subscription, if applicable.

10. Indemnification

You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including attorneys' fees) arising out of or related to your use of the website, your violation of these Terms, your violation of any rights of another party, or your failure to comply with applicable laws or regulations.

This obligation to indemnify will apply to claims arising from content you upload, interactions with other users, or any breach of intellectual property rights or other third-party claims.

11. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of laws principles.

Any disputes arising from or related to these Terms, including any disputes related to your use of the website, shall be resolved through binding arbitration, with the arbitration taking place in Delaware, under the rules of the American Arbitration Association.

Each party shall bear its own costs and expenses associated with arbitration, and the award rendered by the arbitrator(s) shall be final and binding. You agree to submit to the jurisdiction of the courts located in Delaware for enforcement of the arbitration award or for any other disputes that may arise outside of arbitration.

12. Miscellaneous

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision will be replaced by a valid, enforceable provision that most closely reflects the intent of the original provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and us concerning the use of the website. This agreement supersedes any prior agreements or communications, whether oral or written, relating to the subject matter hereof.

13. Feedback

We welcome and encourage users to provide feedback, suggestions, or ideas about the website, services, or any other aspects related to the platform ("Feedback"). By submitting Feedback to us, you agree to the following terms:

Grant of License: You grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, reproduce, distribute, display, and otherwise exploit the Feedback for any purpose, commercial or otherwise, without further compensation or acknowledgment to you. This includes, but is not limited to, the right to incorporate the Feedback into our website, services, or any other projects, and to use such Feedback in marketing, promotional, or other business activities.

No Confidentiality: Feedback provided to us will be considered non-confidential and non-proprietary. You acknowledge that any ideas, suggestions, or materials shared may be freely used by us, without obligation to you, and that we have no obligation to treat such information as confidential.

No Obligation to Act on Feedback: While we value your suggestions and ideas, we are under no obligation to review, acknowledge, or implement any Feedback you provide. We are not liable for any potential loss or damage arising from your submission of Feedback or our decision not to use it.

Warranty of Ownership: You warrant that you own or have the necessary rights and permissions to submit the Feedback and that the Feedback does not infringe upon the intellectual property rights, proprietary rights, or any other rights of any third party. By submitting Feedback, you represent that you are free to share it with us and that it is not subject to any third-party agreements.

No Payment or Compensation: You understand and agree that you will not be entitled to any form of payment, compensation, or acknowledgment for the Feedback you submit, regardless of whether we use it or incorporate it into our services.

Right to Modify Feedback: We reserve the right, at our discretion, to modify, adapt, or make changes to any Feedback submitted by you, without any obligation to you for compensation or further approval.

Feedback may be submitted through the website, email, or any other communication channels we provide for that purpose. Please ensure that any Feedback is appropriate, non-violating, and complies with the guidelines established in these Terms of Use.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or change these Terms of Use at any time. Any changes will become effective immediately upon posting the revised Terms on our website, or upon notification to you, whichever is earlier. It is your responsibility to review these Terms periodically to stay informed of any updates or changes.

Notice of Changes: If we make material changes to these Terms, we will notify you by email or by posting a prominent notice on the website. Material changes include but are not limited to: alterations to user rights, the scope of our services, or the payment/remuneration structure. The notice will provide a summary of the changes and their effective date.

Your Consent to Changes: By continuing to use the website or any associated services after the effective date of any changes, you accept and agree to be bound by the updated Terms. If you do not agree with the revised Terms, you must discontinue using the website and its services immediately.

No Obligation to Update: While we strive to provide you with timely notifications of changes, we are not obligated to notify each individual user about updates or modifications to these Terms. It is your responsibility to review these Terms regularly.

User Agreements and Separate Contracts: Any changes to the Terms of Use do not apply to agreements or contracts that have been separately negotiated or executed, including those related to specific services or remuneration arrangements that are outlined elsewhere on the platform.

Effective Date of Changes: The most recent version of the Terms will include an effective date. Any changes or updates to the Terms will be reflected by an updated version number and an updated effective date. Continued use of the website or services after this date constitutes your acceptance of the new Terms.

Severability: If any provision of the updated Terms is found to be invalid or unenforceable, such provision will be enforced to the maximum extent possible, and the remainder of the Terms will remain in full force and effect.