Last Updated: October 2024

MIKA KODA LLC is parf of Group MAGNUS DREAM HOLDING LLC (“The Company”) and/or its affiliated companies (“The Companies” or “We”) are pleased to provide you with their websites, software, applications, content, products, training, masterminds, mentorships, consultations, and services on any medium, format, or channel, whether known or to be developed in the future (“Services”), which belong to the brands África Bos, África Bos Academy, El Barbas, El Barbas Academy, or any other brand owned by or licensed to The Company. References to Services also include any elements of the Services.

These Terms of Use (the “Terms”) govern your use and our provision of the Services on the site where these Terms are published, as well as any Services we make available on third-party websites and platforms where such Terms are disclosed to you.

PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES OF ANY OF THE COMPANIES, YOU UNCONDITIONALLY ACCEPT THESE TERMS AND OUR PRIVACY POLICY.

Unless prohibited by applicable law, any dispute between you and us, except for claims resolved in small claims court or related to intellectual property ownership or enforcement, will be resolved through individual arbitration, and its award will be binding. PLEASE READ THE ARBITRATION CLAUSE CONTAINED IN THESE TERMS AS IT MAY AFFECT YOUR RIGHTS UNDER THESE TERMS.

No provision in these Terms intends to affect your rights under the law of your habitual place of residence. Should there be a conflict between such rights and these Terms, your rights will prevail according to the applicable local legislation.

1. Contract Between You and Us

These Terms form a contract between you and The Company or between you and the service provider identified for providing a specific Service from The Company or any of The Companies, if different from Us. You must read and accept these Terms before using the Services. Use of the Services implies acceptance of these Terms, in their current version or as modified over time. These Terms supersede any prior terms and conditions, contracts, or agreements regarding the Services.

These Terms apply to the Services in general. Additional specific terms and conditions may apply to some Services, such as terms and conditions for streaming or other subscription services, rules for a contest, or other specific activities, or terms that may accompany specific content or software accessible through the Services. Such additional terms will be disclosed to you regarding the relevant service, contest, or activity. In case of conflict, specific complementary terms will prevail over these Terms.

The Company may modify these Terms at any time and for any reason, including (without limitation) to reflect changes in the Services and/or applicable regulations. Any substantial modification to these Terms will take effect 30 days after the date we publish notice regarding the change in the Services. By agreeing to these Terms, you accept that any modification will be valid if published as indicated, and waive any claim due to lack of notification or publication of the modifications made. If you do not accept any modification to these Terms, you must discontinue use of the Services. Our customer service representatives are not authorized to modify any provision contained here, whether orally or in writing.

You agree to receive notifications, including agreements, warnings, announcements, information, or other communications, electronically or automated, at the email address you provide. You also accept that these notifications will be binding, valid as written notification, and waive any right to dispute their validity. We may immediately terminate or suspend this contract with you (including preventing or blocking your access to the Services) if you breach any provision of these Terms or if compliance is affected or hindered by reasons beyond The Company’s control.

2. The Company’s Services

The Services are for your personal, non-commercial use and are intended exclusively for informational purposes. They do not constitute legal, financial, professional, medical, or health advice or diagnosis and cannot be used as such. To support the proper functioning of the Services across broad geographic areas, certain aspects of specific activities may be simulated to avoid delays.

The Services are our copyrighted property or the copyrighted property of our licensees or licensors, and all trademarks, service marks, trade names, trade dress, or other intellectual property rights of the Services are owned by us or our licensees or licensors. Except with our written consent, no element of the Services may be used or exploited in any way other than as part of the Services provided to you. You may own the physical media through which the elements of the Services are delivered to you, but we retain full and absolute ownership of the Services. We do not transfer to you any title of any portion of the Services.

Content and Software License

The Services, including, without limitation, video content, movies, television shows, informational or entertainment programs, trailers, additional material, scripts, codes, images, and artwork, are our property protected by copyright, patent, or trademark or the copyrighted, patented, or trademarked property of our licensors. All copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights in the Services, including utility models, industrial designs, or any other intellectual property right in the Services and their compilation, interconnection, and arrangement, belong to us or our licensors (who may be third-party beneficiaries of this contract) and are protected by applicable copyright, trademark, domain name, patent, and other laws of the United States, your country of residence, and international treaties. If a Service is configured to enable the use of software, content, virtual goods, or other materials owned by or licensed to us, we grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use such software, content, virtual good, or other material solely for your personal, non-commercial use, only while we or an authorized third party make the Service available and only in accordance with this Agreement and/or specific terms that apply to that Service, without any right to reproduce, distribute, publicly perform, publicly display, or transform any Service, including for any use, creation, development, modification, indication, training, or validation of any tool, model, system, algorithm, product, or other artificial intelligence or machine learning technology (“AI Tool”) in any media format or channel now known or developed in the future (except as expressly described within the Service or used in a Service in the manner it was designed for).

You must not circumvent or disable any electronic content protection system or digital rights management technology used in the Services; you must not decompile, reverse engineer, disassemble, or otherwise reduce any Service to a human-readable form; you must not remove identification notices, copyright notices, or other ownership notices; you must not access or use any Disney Service in an unauthorized or unlawful manner or in a way that suggests an association with our products, services, or brands. You must not access or use any Service in violation of U.S. export control regulations and economic sanctions or other applicable laws.

2. The Company’s Services

The Services are for your personal and non-commercial use and are intended exclusively for informational purposes. They do not constitute legal, financial, professional, medical, or health advice or diagnosis and cannot be used for such purposes. To support the efficient functioning of the Services across broad geographic areas, some aspects of certain activities may be simulated to avoid delays.

The Services are our intellectual property or that of our licensors or licensees, and all trademarks, service marks, trade names, trade dress, or other intellectual property rights in the Services are our property or that of our licensors or licensees. Except with our written consent, no element of the Services may be used or exploited in any manner other than as part of the Services offered to you. You may own the physical media through which elements of the Services are delivered to you, but we retain full and absolute ownership of the Services. We do not transfer any portion of the Services to you.

Content and Software License

The Services, which include, without limitation, video content, movies, television programs, informational or entertainment programs, trailers, additional materials, scripts, code, images, and artworks, are either our copyrighted property, patented or trademarked, or the copyrighted, patented, or trademarked property of our licensors, and all copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights in the Services—including utility models, industrial designs, and any other intellectual property rights in the Services, as well as their compilation, interconnection, and arrangement—are our property or that of our licensors (who may be third-party beneficiaries of these Terms) and are protected by copyright, trademark, domain name, patent, and other applicable laws of the United States, your country of residence, and international treaties. If a Service is configured to enable the use of software, content, virtual goods, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use such software, content, virtual item, or other material solely for your personal, non-commercial use, only while the Service is available to you through us or an authorized third party, and only in accordance with this Agreement and/or specific terms applicable to that Service, without the right to reproduce, distribute, publicly communicate, make publicly available, or transform any Service, including in connection with any use, creation, development, modification, indication, adjustment, training, or validation of any tool, model, system, algorithm, product, or other artificial intelligence or machine learning technology (“AI Tool”), in any media format or channel now known or devised in the future (except as expressly stated within the Service or used in a Service in the manner for which it was designed).

You may not bypass or disable any of the electronic content protection systems or digital rights management technology used in the Services; you may not decompile, reverse-engineer, disassemble, or otherwise reduce any Service to human-readable form; you may not remove identification notices, copyright notices, or other ownership-related notifications; you may not access or use any Disney Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services, or brands. You may not access or use any Service in violation of the export control and economic sanctions regulations set forth by the United States of America or other applicable laws. By purchasing services, content, or software through the Services, you represent and warrant that you will comply with these measures and requirements.

Any attempt to perform any of the restricted actions listed above is a violation of the Company’s rights and/or the intellectual property rights holder and may be subject to applicable laws. Furthermore, you understand that breaches of security or network systems are criminal offenses and may result in civil liability. The Company will investigate cases of security system violations and may take action or file claims with competent authorities against users involved in such violations.

Representations and Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE ASSUME NO RESPONSIBILITY FOR ANY CONDITION, STATEMENT, OR WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, OR FOR DELAYS OR FAILURES IN PERFORMANCE WHEN SUCH DELAYS OR FAILURES RESULT FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CLAIMS IN A LEGAL OR EXTRALEGAL ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US$1,000.00) OR THE EQUIVALENT IN LEGAL TENDER CURRENCY IN YOUR PLACE OF RESIDENCE.

THESE REPRESENTATIONS AND LIMITATIONS OF LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER NOR ARE THEY INTENDED TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW OF YOUR PLACE OF RESIDENCE.

Modifications to the Services

The Services are constantly evolving and will be modified over time. If we make a substantial change to the Services, we will notify you of that change with sufficient advance notice, and you will have the right to terminate this contract.

Additional Restrictions on the Use of the Services

You agree that you will not permit anyone else to do any of the following without our express authorization and that these restrictions are a condition of your license.

We do not permit the use of the Services for commercial or business purposes, or to promote or offer the sale of products or services, or to participate in any activity that allows third parties to engage in the following activities (whether for profit or not), or to attract third parties (including solicitations for contributions or donations). You agree not to intentionally or recklessly introduce a virus or other harmful component, to falsify, impair, or damage any Service or related network in any way, and not to interfere with the use or enjoyment of any Service by a third party. You agree not to use any software or device that enables automated gameplay, accelerated gameplay, or other game or client-server manipulation, and you agree not to cheat or otherwise alter a Service or gameplay experience to create an advantage for one user over another.

Additionally, you agree not to access, monitor, or copy, or allow any other person or entity to access, monitor, or copy or extract any element of the Services, including to avoid any doubt, for the purpose of creating or developing any AI Tool, data mining, or web scraping, or otherwise to compile, construct, create, or contribute to data collection, dataset, or database (other than the use of spiders by the public search engine to create search indexes to the extent that the Company does not prohibit it, including through robots.txt files or NOINDEX or NOFOLLOW meta tags) without our express written authorization.

Third-Party Services and Content

The Services may integrate with, be integrated into, or be provided in connection with third-party services and content. We have no control over such third-party services and content. You should read the terms of use and privacy notices that apply to such third-party services and content.

If you access a Service through a device with an Apple iOS, Android, or Microsoft Windows or Microsoft Xbox One system, Apple Inc., Google, Inc., or Microsoft Corporation, respectively, and as an example, will be a third-party beneficiary of this contract. However, such third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services. You agree that your access to the Services through these devices will also be subject to the applicable terms of service of the corresponding third-party beneficiary.

You may need a high-speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services. You should review the minimum requirements needed for the specific service.

Mobile Networks

When you access the Services through a mobile network, your network or roaming provider’s message, data, and other charges will apply. The download, installation, or use of certain Services may be prohibited or restricted by your network provider, and not all Services may work with your network provider or device.

When using the Services, you may be given the option to consent to receive our communications via email, text messages, and/or push notifications. Standard text messaging and call rates will apply. You agree that automated telephone dialing systems may generate text messages, calls, or prerecorded messages. You may opt out of receiving promotional communications by following the “Unsubscribe” instructions for emails, through the Services settings, or if sent via text, by responding “stop” or using a similar indicated option or instruction. YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION FOR USING THE SERVICES.

When using the Services, you may grant us certain permissions for your device and/or accounts. Most mobile device platforms provide additional information about these permissions and how, if possible, to change the permission settings. By downloading, installing, or using the Services, you agree to receive automatic software updates (where applicable).

3. Your Content and Account

User-Generated Content

Some of the Services will allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, materials to participate in contests, or other content (“User-Generated Content”), which may be accessible and visible to the public. Access to these features may be subject to age restrictions. You must not submit or post User-Generated Content that is defamatory, hostile, threatening, that promotes intolerance, hate, violence, is vulgar, obscene, pornographic, or otherwise offensive or that harms or could reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership of your User-Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable, worldwide, and royalty-free license regarding all copyrights, trademarks, patents, trade secrets, rights of publicity and other intellectual property rights, allowing us to use, reproduce, transmit, print, publish, publicly disclose, display, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works, publicly perform, make available or otherwise exploit such User-Generated Content, in whole or in part, in all known or future formats and channels (including those related to the Services and third-party websites and platforms such as Facebook, YouTube, and Twitter), in any number of copies and without limitation on the time, form, and frequency of use, without additional notification to you, with or without attribution, and without your permission or payment to you or any other person or entity being necessary.

You represent and warrant that your User-Generated Content complies with these conditions and that you own or hold the necessary rights and permissions, without payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User-Generated Content in all manners contemplated by these Terms. You agree to indemnify us and our subsidiaries and affiliates, and each of their respective employees and officers, against any demand, loss, liability, claim, or expense (including attorney fees) brought against us by a third party that arises from or is related to our use and exploitation of your User-Generated Content. You also agree not to enforce any moral rights, ancillary rights, or similar rights regarding the User-Generated Content, against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to obtain the same commitment from others who may hold such rights.

To the extent we authorize you to create, publish, upload, distribute, or publicly communicate User-Generated Content that requires the use of our copyrighted materials, we grant you a non-exclusive license to create derivative works of our protected material to the extent that the use of our materials is necessary for the creation of such derivative works, with the proviso that this license is subject to the condition that you assign to us your rights regarding all works created by you. If such assignment does not take place, your license to create derivative works from our copyrighted works will be null and void.

We have the right, though not the obligation, to monitor, filter, publish, delete, modify, store, and review, at any time and for any reason, the User-Generated Content or communications sent through a Service, without prior notice to you; this includes our right to ensure that the User-Generated Content or communications comply with these Terms. We do not endorse or assume any responsibility for the opinions, ideas, advice, or recommendations sent or posted by users.

Accounts

Some Services allow or require you to create an account to participate in or obtain additional benefits. You are required to maintain the accuracy, truthfulness, and completeness of the data, including your contact information for notifications or other communications we may send you, as well as your payment information if applicable. You are required not to impersonate a third party or an entity by, for example, using another person’s username, password, or account details, or using a third party’s name or image or providing false details of a parent or guardian. You agree that we may take necessary steps to verify the accuracy of the information you provide us, including the contact information of a parent or guardian.

We have established and implemented a policy that provides, under certain circumstances, for the closure of user accounts that repeatedly infringe copyright. Additionally, we may block or close your account and terminate your use of the Services if you engage in, encourage, or support illegal conduct, or if you fail to comply with these terms or other applicable supplemental terms.

Passwords and Security

You represent that you will not share your username and password with third parties; and you are responsible for taking the necessary steps to maintain the confidentiality of your username and password, as well as all activities conducted from your account that you can reasonably control, whether or not authorized by you. You are required to notify us of any unauthorized use of your username, password, or other account information, or of any other security breach of which you become aware and which relates to your account or Disney Services. You agree that Disney will not be liable for any damage or injury resulting from the unauthorized use of your account.

The security, integrity, and confidentiality of your information are extremely important to us. We have incorporated technical, administrative, and physical security measures designed to prevent the unauthorized access, disclosure, use, or modification of your information; however, we cannot guarantee the effectiveness of these measures.

4. Paid Transactions

Seller’s Identity

Sales are conducted by the Company or by the seller identified at the time of sale if different from the Company. In case of any questions about your order, please contact the seller at the provided address for assistance. Some online stores associated with the Services are managed by third parties, and in such cases, additional or different sales conditions may apply, which you must review when presented to you.

Digital Content and Virtual Items

In the Services, we may offer applications, games, programs, or other digital content that you can access through a one-time payment. When purchasing a license to access such content, the Service’s price will be disclosed to you before finalizing the purchase.

When a virtual item or electronic currency for use in a game is purchased, a payment is made in exchange for a limited, non-transferable license to access and use that content or feature within the Services. Virtual items (including characters or character names) and in-game electronic currency that are purchased or made available through the Services can only be used within the specific Service where they were acquired or developed as a result of gameplay. These items are non-refundable, non-exchangeable, and cannot be used for transactions outside of the Services, whether for payment or in exchange. We reserve the right to modify or delete any virtual item or in-game electronic currency at any time.

Subscriptions

Access to certain Services requires a subscription payment. By subscribing, you agree that the subscription will automatically renew, and unless you cancel, you authorize us to charge the renewal fee to the payment method on file. Renewal will be for a term equal to the initial subscription period unless specified otherwise at the time of sale. The renewal fee will not exceed the fee from the prior subscription period, except in cases of promotional pricing or discounts, unless we notify you of a price change before automatic renewal. Occasionally, we may offer free trial subscriptions for a Service. Free trials are subject to the specific terms of each subscription and may not be available in all regions or to all users.

Order Process

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method, and product details. Upon accepting your order, we will send you a notification, and our acceptance will be complete and communicated once sent. At that time, a binding sales contract will be formed for both parties. You assume the risk of loss and responsibility to insure any products upon their delivery to you.

We reserve the right to reject or cancel any order prior to delivery. Reasons for cancellation may include system or typographical errors, inaccuracies in product information, availability, pricing, or limited product quantity between customers, or issues identified by our credit and fraud departments. Additional verification or information may be required before accepting an order. We will contact you if your order is canceled or if additional information is required. If your order is canceled after payment is processed but before delivery, we will refund the payment amount.

Billing and Payment

By providing us with your payment information, you represent and confirm that the information is accurate, that you are authorized to use the provided payment method, and that you will notify us of any changes to your payment information. We reserve the right to use third-party credit card update services to obtain updated credit card expiration dates.

Cancellation Right

When you subscribe to a Service, you may have the right to cancel your contract within the timeframe specified by applicable law and receive a full refund of the subscription fee if required by law. If we refund your subscription charge, you are still responsible for any other incurred expenses. When purchasing a license to access digital content or virtual items, you will have the opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have waived your right to cancel and that the license purchase fee is no longer refundable.

Prices; Taxes

We may revise the prices of products and services offered. If you periodically pay a subscription fee for a Service, we will notify you of any changes to fees or billing methods sufficiently before the effective date, allowing you to cancel the subscription before the effective date. When you place an order, we provide an estimated tax calculation as part of your total for informational purposes. The actual tax applicable to your order and charged to your payment method is based on calculations at the time of shipment, regardless of when the order was placed.

International Shipping; Customs

When placing orders for delivery to countries other than the seller’s, you may be subject to import duties and other taxes. These additional customs charges are your responsibility. For international shipping, be aware that not all manufacturer warranties, service options, manuals, or safety instructions may be valid, available, or translated into the destination country’s language; items and accompanying materials may not meet the destination country’s standards or technical and labeling requirements; and items may not be compatible with the destination country’s electrical grid (requiring an adapter or transformer). You are responsible for ensuring that items can be legally imported into the destination country. When placing an order, the recipient is considered the registered importer and must comply with all destination country laws and regulations.

The Company’s gift cards may be offered for purchase or redemption for certain Services, subject to additional terms of service. Risk of loss and title to the gift card pass to you upon electronic transmission or carrier delivery. Gift cards may be redeemed at eligible locations and for eligible products and services. Please refer to the gift card FAQ for more information.

5. Contests and Competitions

Contests entered through a Service may be governed by additional terms and conditions; however, the following general rules apply to all contests unless otherwise specified in the additional terms.

Submissions and Participation

Your contest entry constitutes User Generated Content and is subject to all provisions herein regarding User Generated Content and our use of it. We may disqualify entries submitted late, sent to the wrong address, incomplete, in corrupt files, lost, unreadable, invalid, or without required parental consent. Participation is limited to one entry per person, and use of agents, third parties, or multiple identities is not allowed. Automated submission or voting mechanisms and other similar programs are prohibited; any entries (or votes) made by such methods will be disqualified.

We reserve the right to modify, suspend, cancel, or terminate a contest and to extend or resume the contest entry period or disqualify any participant or entry at any time without notice. This action will be taken if the contest cannot be conducted fairly or correctly for technical, legal, or other reasons, or if manipulation of entries, results, false information, or unethical conduct is suspected. If a contest is canceled or terminated, prizes may be awarded in a fair and appropriate manner according to the governing local law.

Requirements for Using Disney Services and/or Participating in Contests

To use the Services and/or participate in a contest, you must be a registered user of the Services with an active account and up-to-date contact information. By using the Services, you represent that you have the legal age required by applicable law or have the authorization of your legal guardian or representative, who will be responsible for your use of the Services and/or contest participation in violation of this requirement. No purchase is necessary to enter a contest, and making a purchase will not increase your chances of winning. Contests are not open to our employees (or their immediate families) or anyone else professionally connected to the contest. If under 18 (or the age of majority as per applicable law) and the Service and/or contest is available or open to you, parental or guardian consent may be required before allowing your participation. We reserve the right to request proof of identity or verify the eligibility conditions for the Services, potential winning entries, and awarding any prizes in person to the winner. Contests are void where prohibited or restricted by applicable law.

Prizes

No cash or alternative prizes will be offered; however, we (or the prize provider) reserve the right to substitute a prize with another of similar equal or greater value. Winners may not transfer (except to a child or family member) or sell their prizes. Only the number of prizes specified will be available, and all prizes will be awarded provided that a sufficient number of valid entries have been received, and prizes are validly claimed before the stated contest deadline; no alternate winners will be selected, nor will unclaimed prizes be awarded after this date. Unless otherwise specified in the prize description before contest entry, winners are responsible for all costs and expenses related to claiming their prize. All taxes are the winner’s sole responsibility, although we reserve the right to withhold applicable taxes, and the winner agrees to complete the necessary tax forms.

By accepting a prize, you consent to participate reasonably in contest-related publicity and grant us the unconditional right to use your name, location or city and state, province, or country, image, prize information, and contest statements for advertising or promotional purposes per applicable law without obtaining your permission or providing additional compensation. As a condition of receiving a prize, winners (or their parents/legal guardians) may be required to sign and submit an affidavit indicating eligibility to participate, release us from liability, and assign the rights needed for publicity purposes.

6. Additional Provisions

Policy on Unsolicited Proposals and Ideas

Our company’s traditional corporate policy does not permit us to accept or consider unsolicited creative ideas, suggestions, or materials. Regarding any materials you send to us, whether solicited or not, you agree that the submission of creative ideas, suggestions, or other materials is not done in a confidential framework, nor does it constitute or imply any fiduciary, confidential, or custodial relationship between you and us. You also agree that you have no expectation of review, compensation, or consideration of any kind.

Copyright Infringement Claims

Notifications or claims of copyright infringement, as well as responses to an accusation regarding such infringement, should be sent to our designated agent at 2427 Aspinwall St, Sarasota, FL 34237, United States of America. Email: magnusdreamholdingllc@gmail.com

We can only accept notifications in the languages in which we make these Terms available.

We will respond promptly to claims of copyright infringement occurring through the Services that are reported to our designated copyright agent listed above, in accordance with the provisions of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. For Services maintained in the United States, these notifications must include the required information.

Binding Arbitration and Waiver of Class Actions

You and the Company agree to submit any dispute to arbitration, except for disputes related to the enforceability of our intellectual property rights, or in cases where applicable law provides otherwise. The term “dispute” refers to any dispute, action, or other controversy that arises between you and us regarding the Company’s Services or these Terms, whether based in contract, tort, warranty, statute, regulation, or any other legal or equitable basis. You and the Company grant the arbitrator the exclusive authority to resolve any disputes concerning the interpretation, applicability, or enforceability of these Terms or the formation of this contract, including whether any controversy is arbitrable and any claims that argue all or part of these Terms are void or voidable.

In the event of a dispute, you and the Company will send each other a dispute notice in writing that includes the name, address, and contact details of the party issuing the notice, the facts giving rise to the dispute, and the relief sought. You should send any dispute notice to Magnus Dream Holding LLC, 2427 Aspinwall St, Sarasota, FL 34237, United States of America, Attention: Legal/Arbitration Notices. We will send any dispute notice to the contact address we have on file for you. You and the Company will attempt to resolve the dispute through informal negotiation for sixty (60) days from the date the notice is sent. After sixty (60) days, either you or we may initiate arbitration. Additionally, you may litigate a dispute in a small claims court if the dispute meets the requirements for such a court, whether or not you first pursued informal negotiation.

If you and the Company do not resolve the dispute through informal negotiation, any attempt to resolve the dispute will be exclusively through binding arbitration. YOU WAIVE YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY, EXCEPT AS PROHIBITED BY APPLICABLE LAW. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final, subject only to limited rights of appeal under the U.S. Federal Arbitration Act.

Unless the arbitrator finds the arbitration to be frivolous or filed for an improper purpose, the Company will pay half of the filing, AAA, and arbitrator fees. If the arbitrator awards an amount higher than our last written settlement offer before selecting an arbitrator (or if no settlement offer was made), we will pay the greater amount between the award and one thousand U.S. dollars (US$1,000). We do not waive the right to seek compensation for attorney’s fees and expenses related to any arbitration that is not considered frivolous between you and us.

PROCEDURES TO RESOLVE OR LITIGATE A DISPUTE IN ANY JURISDICTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Company will seek to have any dispute processed as a class action, general attorney action, or any other proceeding where any party acts or proposes to act in a representative capacity on behalf of others. No arbitration or proceeding will be combined with another without the prior written consent of all parties involved in that arbitration or proceeding. If the waiver of the ability to bring a class action is deemed illegal or unenforceable for all or part of a dispute, that part will be severed and will proceed in a court of law, while the remainder will proceed through arbitration.

Choice of Jurisdiction

You agree that any legal or equitable action that arises from or relates to these Terms or the Services, and that is not subject to arbitration, shall be brought exclusively in the state or federal courts located in the City of Miami, State of Florida, United States of America, and you consent to and submit to the personal jurisdiction of such courts for the purpose of litigating such action, except where prohibited by applicable laws in your country of residence.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflict of laws, unless prohibited by applicable laws in your country of residence.

Severability

If any provision of these conditions is declared illegal, void, or for any reason unenforceable, that clause shall be deemed severable from the rest of the terms and shall not affect the validity and enforceability of the remaining clauses.

Survival of Provisions

The provisions of these terms that by their nature should survive termination shall survive such termination.

Waiver

No waiver by us of any provision of these conditions shall be considered a final or permanent waiver of that provision or any other, and the failure to enforce any right or provision in these conditions shall not constitute a waiver of that right or provision.