Section (1): Skyward Magic Terms
(1)a: Overview of Services
Skyward Magic serves as a platform for magic creators to sell their work. We cover the costs of hosting files, processing payments, creating web stores, and fulfilling orders for (digital) products.
(1)b: Product Fulfillment
Since Skyward Magic is cloud-based, we generally only handle fulfillment of digital goods, such as PDF, mp3, mp4, and other digital media.
(1)c: Physical Goods Fulfillment
Order fulfillment for physical goods lies with the creator. Skyward Magic will notify the creator of orders, as well as give shipping information to the creator, but the actual shipping process is not the responsibility of Skyward Magic.
(1)c(i): Physical Goods Refunds
Due to how this market works, Skyward Magic does not accept refunds of physical product. If a product is broken during shipping, then we require photographic proof of the damage, and a replacement will be sent. Unfortunately, it is not uncommon for some people to purchase a physical item, intentionally break it in order to figure out the secret, then claim that it was damaged to get their money back, and then build their own version & start selling it.
(1)d: Payments
All payments are disbursed through PayPal, and are sent out on a weekly basis. Creators need to ensure that they have a working PayPal account.
(1)e: Rights to Products
Skyward Magic does not claim ownership rights to anything sold on the site. A creator is welcome to sell their products on other magic sites if they so wish. Though it should be noted: no other magic company gives royalties as high as Skyward Magic.
(1)f: File Hosting
All files are hosted via Dropbox, and in some cases, on YouTube. This allows the buyer to download the purchased file for personal use, or to view it on YouTube.
(1)g: User Privacy
Skyward Magic highly values the privacy of its creators and customers, and will never sell, share, or distribute a user’s information to any other company. When a person buys a product from a creator, that creator and the Skyward Magic Administrator will receive the name and email address of the customer. However, neither the name nor email will be shared with any outside parties, and creators will only see the information of the people who purchased from them.
Section (2): Vendor Terms
(2)a: Registration
Any creator wishing to become a vendor can register by filling out a Contact Form, and selecting “Apply as a Vendor”. We’ll get in contact with you.
(2)b: Submitting Products
When a creator wishes to submit a product, the following information is required: Name of Product, Description, Price Point, Shipping Fee (if necessary), Product Image, any demonstration media, and the instructional media. The media may be shared with the Administrator via Dropbox, email, YouTube, or other file-sharing service. The product will be reviewed and posted on the platform for sale.
(2)b)i: Original Creations
Skyward Magic does not require a product to be 100% original. A great magician once said: “There is the method, the presentation, and the cleanup. Change two of those, and you can call it your own.” If a product looks too similar to something already published, then it will need to be changed before being sold on Skyward Magic. This is a gray area in the magic field, as no one can copyright or lay legal ownership to a method.
(2)b)ii: Proper Crediting
In the event that a product uses a method or presentation which has been published before, it is expected of the creator to do proper research and include credits where they are due. Crediting is the responsibility of the creator, not the Skyward Magic platform.
(2) Vendor Pricing
The Vendor is in charge of setting the prices for each of their products. And they recognize that Skyward Magic may run sales from time-to-time, but will always ask permission prior to discounting the Vendor’s creations.
(2)c)i: Vendor Responsibilities
The creator (vendor) is only responsible for creating the method, making the appropriate demonstration and instructional content, and setting the price point. In the case of physical products, the creator is responsible for shipping items to customers.
(2)c)ii: Refunds
Only physical goods are eligible for refunds, with the exception of fraudulent products, which will be dealt with on a case-by-case basis.
(2)d: Payments
Creators (vendors) will be paid on a weekly basis, through their PayPal account.
Section (3): Customer Terms
(3)a: Refund Policy
(3)a)i: Items eligible for refund
Physical goods which arrive in a defected or damaged state are eligible for refund.
(3)a)ii: Items not eligible for refund
Digital goods (with the exception of fraudulent goods) are not refundable.
(3)b: Fulfillment Policy
Please allow 24 hours for products to be sent via email. Physical goods will take longer, due to creating shipping labels, and other shipping processes.
Section (4): Items which Breach the Terms
(4)a: Fraudulent Payments
Any attempted payments using fraudulent information will cause a person to be blacklisted, and they will no longer be able to purchase from Skyward Magic.
(4)b: Hacking Attempts
Any attempt (successful or failed) of hacking or harming the platform, vendors, or customers will result in blacklisting and possible legal action.
(4)c: Theft of Creations
Any such sharing of links and files to non-buyers is prohibited. Uploading purchased files to torrent sites, YouTube, or other media-sharing sites will result in an investigation, and whoever is found to be the perpetrator will be blacklisted.
(4)d: Counterfeit Products
Any creator who knowingly copies an already-published method will have their product removed from the platform. This is on a case-by-case basis, as sometimes creators come up with the same method independently.
(4)e: Inappropriate Conduct
Skyward Magic does not promote nor hold responsibility for any lewd, racist, pornographic, harassing, or otherwise offensive content. The site Administrator does screen each product before it is approved for sale, but will not be held responsible for anything which slips through. Responsibility lies on the creator, and should not reflect on the Skyward Magic platform. Any complaints should be sent to the Administrator, and the issue will be dealt with quickly and privately.
(4)f): Sharing of Customer Information
Skyward Magic cares about the privacy of all the customers, and anyone caught selling, sharing, or distributing information will be blacklisted and removed from the site. Skyward Magic will never sell any personal information.
Section (5): Disputes
(5)a: Disputes Over Physical Goods
Any disputes over physical goods should be first brought to the attention of the creator. If the dispute is not settled with the creator, then full documentation as well as the description of the situation should be sent to the Administrator.
(5)b: Disputes Over Digital Goods
Any disputes over digital goods should be first brought to the attention of the creator. If the dispute is not settled with the creator, then full documentation as well as the description of the situation should be sent to the Administrator.
(5)c: Handling Disputes
If the dispute is not handled at the creator (vendor) level, it should then be brought to the attention of the Administrator. The Administrator will then contact the creator (vendor) and the customer and work to resolve the issue.