You understand that by using this site or site services, you agree to be bound by this agreement. If you do not accept this agreement in its entirety, you must not access or use this site or the site services. If you agree to this agreement on behalf of an entiry, you represent and warrant that you have the authority to bind that entity to this agreement. In that event, "You" and "Your" will refer and apply to that entity.
- Using Request Magic In connection with using or accessing the Services you will not:
- post, list or upload inappropriate content;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- interfere with any other user's listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your Request Magic account and user ID to another party without our consent;
- You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Request Magic, except as otherwise stated in this User Agreement.
- You and Request Magic each agree that any and all disputes or claims that have arisen, or may arise, between you and Request Magic (including any disputes or claims between you and a third-party agent of Request Magic) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Request Magic or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The fees we charge for using our Services are listed below. We may change our Artist fees from time to time by posting the changes on the Request Magic site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
Plan Processing Fee Standard 10% + $0.30 Pro (coming soon) 2.9% + $0.30
- If you are an Artist, you are liable for transaction fees arising out of all tips made using some or all Request Magic Services.
- The Artist must maintain a valid connected bank account within the Request Magic system in order to receive payouts. Artist bank account information can be connected on the "Settings" tab of the Artist Admin page.
- If the artist does not have a valid connected bank account connected, any unpaid tips will remain in their account until a valid bank account is connected. Any unpaid tips in an artists account that have been unpaid due to a lack of connected bank account for longer than 6 months from the original tip date will be forfeited.
- Artist will receive a payout for any earned tips whose payment status is completed, no later than 30 days from the date of the original tip.
- When a payout funds transfer is initiated to the Artist from Request Magic, the Artist will receive a summary email outlining each tip for which they are being paid, and any fees which have been applied to each tip.
- Artist will not be compensated for any tips that are not successfully processed by Request Magic's payment processing service.
- If the Artist is paid out for any tips which are later charged back, reversed, disputed, etc by the tip provider, the amount of the tip that has been paid to the Artist will be deducted from their account balance.
- Artists must provide any necessary tax information as needed by Request Magic to properly report each Artist's yearly earnings to the IRS.
- Payouts will be suspended for any Artist who has not yet provided requested tax information, until the requested tax information is provided by the Artist.
- Request Magic is not responsible for withholding or paying any taxes on behalf of the Artist. Artist is responsible for reporting any earnings, and paying the appropriate taxes on those earnings.
- Request Magic services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Request Magic services are provided by Request Magic on an 'as is' and 'as available' basis, unless otherwise specified in writing. Request Magic makes no representations or warranties of any kind, express or implied, as to the operation of the Request Magic services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Request Magic Services, unless otherwise specified in writing. You expressly agree that your use of the Request Magic services is at your sole risk.
- To the full extent permissible by law, Request Magic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Request Magic does not warrany that the Request Magic services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Request MagicSErvices, Request Magic's servers or electronic communications sent from Request Magic are free of viruses or other harmful components. To the full extent permissible by law, Request Magic will not be liable for any damages of any kind arising from the use of any Request Magic Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Request Magic Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
- You may need your own Request Magic account to use certain Request Magic Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Request Magic does not provide services for children, but it provides services to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Request Magic Services only with involvement of a parent or guardian. Request Magic reserves the right to refuse service, terminate accounts, terminate your rights to use Request Magic Services, remove or edit content, or cancel orders in its sole discretion.