Terms of Use

01Agreeing to these terms

These terms are an agreement between you and Jonathan Levit Presents, the sole proprietorship of Jonathan Levit. They apply when you use jonathanlevit.com, Stranger X or The Stranger.

By downloading, buying or using any of them, you accept these terms. If you do not accept them, do not use them. Our Privacy Policy forms part of this agreement.

02What Stranger X is

Stranger X is a performance tool for magicians. It is licensed to you, not sold. You get a personal, non-exclusive, non-transferable licence to use it on devices you own or control, for your own performances, for as long as these terms are in force.

The licence is yours. You may not sell it, rent it, share it, or pass your account to someone else.

03Who may use it

You must be at least eighteen to buy or hold an account. If you are under eighteen, you may use the app only with the involvement of a parent or guardian who accepts these terms on your behalf and takes responsibility for your use of it.

You must also be able to enter a binding contract where you live, and not be barred from doing so under any law that applies to you.

04Your account

Give us accurate information when you register and keep it current. Keep your password to yourself. You are responsible for what happens under your account, including anything someone else does with it because they had your password.

Tell us at support@jonathanlevitpresents.com if you think someone has got into your account.

One account is for one performer. Accounts are not shared.

05Trial, purchase and refunds

The trial. Stranger X is free to download and comes with a trial period so you can perform with it before deciding. The current length of the trial is shown in the App Store listing and in the app. When it ends, the features that need a purchase stop working; nothing is charged automatically.

Buying. Stranger X is a one-time purchase, not a subscription. The current price, and the reduced price for people who already own The Stranger, are shown on our website and in the App Store. We may change our prices; a change never affects a purchase you already made.

In-app purchases. Some capabilities, including Borrowed Phone, unlock with a separate one-time in-app purchase. Where that is the case we say so before you buy.

Payment and refunds. Purchases go through Apple, under Apple's terms. We do not process your payment and we cannot issue a refund. Refund requests go to Apple, through the App Store. If something has gone wrong, write to us anyway at support@jonathanlevitpresents.com - we would rather help than have you go away unhappy.

06Your material and the Marketplace

What you make is yours. Recordings you create, scripts you write and material you build stay your property. We claim no ownership of them.

What you publish. When you list a recording on the Marketplace, or share it with another performer, you give us the licence we need to host it, display it and deliver it to the people you have chosen - and nothing beyond that. You can withdraw a listing and we will stop distributing it, though we cannot recall copies already downloaded.

What you promise about it. When you publish something you are telling us that it is yours to publish - that you made it, or have the rights to it, and that everyone whose voice appears in it agreed to that. If it is not yours, do not list it.

What we will remove. We can take down anything that breaches these terms, infringes someone's rights, or is reported and found to be a problem. Listings carry the member's real name; nothing on the Marketplace is anonymous.

07The people who answer

The person who answers the call is someone you arranged in advance - a friend, a partner, a fellow performer, or a member you met through the community. That arrangement is between you and them.

You are responsible for making sure they have agreed to receive calls, that the number you entered is theirs and is correct, and that they know what they are taking part in. Do not enter someone's number without asking them first.

08Recording, consent and the law where you perform

The app lets you make recordings. Whether you may record a particular person, in a particular place, is a question of the law where you are - and that law varies more than most performers expect.

Some jurisdictions, California among them, require every party to a conversation to consent before it may be recorded. Others require only one. Venues and clients often have rules of their own, quite apart from the law.

Getting the consent you need is your responsibility, not ours. We give you the tool; how and where you use it is your judgement to exercise.

09The method

You are buying a method as much as an application, and the value of a method is in its secrecy.

Do not explain, publish, demonstrate or teach how any of this works to anyone who has not bought it. Do not post exposures. Do not describe the workings in a review, a forum, a video or a lecture.

This is the ordinary understanding among magicians and we are stating it plainly because it matters more here than almost anywhere else: the effect stops working for everyone the moment it stops being secret.

10How you may not use it

Do not:

• Copy, modify, decompile, disassemble or reverse engineer any part of the app, except so far as the law says you may despite this term.
• Get around, or try to get around, any security measure, licence check or paywall.
• Resell access, share your account, or run the app as a service for other people.
• Use it to deceive anyone for gain, to defraud, harass, threaten or impersonate, or in any way that is against the law where you are.
• Use it to place calls to people who have not agreed to receive them.
• Upload anything unlawful, infringing or harmful to the Marketplace.
• Interfere with the service, or with anyone else's use of it.

This is a tool for performance. It is not a tool for convincing anyone of something that matters to them outside a performance.

11Availability and the need for a connection

Stranger X needs an internet connection. There is no offline mode. Even a Conversation Recording needs a connection, because the app validates your account and does work behind the scenes before it plays.

We do our best to keep everything running, but we do not promise the service will be uninterrupted or fault-free. Networks fail, phones fail, Apple changes things, and sometimes we take the service down to work on it. Plan your show accordingly.

12Our intellectual property

The applications, the website, our names and marks, the interface, the artwork and the included material are ours or our licensors', and are protected by copyright, trademark and other law. These terms give you a licence to use the app. They give you nothing else.

13Ending this

You can stop at any time by deleting the app and asking us to close your account.

We can suspend or end your access if you break these terms in a way that is serious or that you do not put right after we ask. If we do, we will tell you why.

The sections on your material, our intellectual property, disclaimers, liability, indemnity and governing law survive the end of this agreement.

14No warranties

Except where the law does not allow it, the app and the website are provided as is and as available, without warranty of any kind, whether express, implied or statutory. That includes any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the app will meet your requirements, that it will work without interruption, or that every fault will be corrected.

Some places do not allow the exclusion of certain warranties, so parts of this may not apply to you.

15Limits on our liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost bookings, lost data or loss of goodwill, arising out of your use of the app or the website.

Our total liability to you, for everything, is limited to the amount you actually paid us in the twelve months before the claim arose.

Some places do not allow these limits, so parts of this may not apply to you.

16Indemnity

You agree to hold us harmless from claims, damages and reasonable legal costs arising out of your use of the app, your breach of these terms, material you published, or a performance you gave.

17Governing law

These terms are governed by the law of the State of California, without regard to its conflict-of-laws rules. Any dispute goes to the state or federal courts in Los Angeles County, California, and you and we both agree to that.

If you are a consumer somewhere whose law gives you the right to bring a claim locally, this clause does not take that right away from you.

18Apple

These terms are between you and us. Apple is not a party to them.

• Apple has no obligation to provide any support or maintenance for the app.
• If the app fails to conform to any warranty that applies, you may tell Apple, and Apple may refund the purchase price. To the extent the law allows, Apple has no other warranty obligation at all, and any other claim is ours to answer, not Apple's.
• We, not Apple, are responsible for addressing any claim about the app - product liability, a failure to meet a legal requirement, or a claim under consumer protection law.
• We, not Apple, are responsible for investigating and resolving any claim that the app infringes someone's intellectual property.
• You confirm that you are not in a country subject to a United States embargo or designated as supporting terrorism, and that you are not on any United States list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple has the right to enforce them against you.

19Changes to these terms

We may change these terms. When we do, we will change the date at the top of this page and post the new version here. If a change is significant, we will make a reasonable effort to tell you directly.

Carrying on using the app after a change means you accept it. If you do not, stop using the app and write to us.

20How to reach us

Questions about these terms, or about anything else:

• Email - support@jonathanlevitpresents.com
• Post - Jonathan Levit Presents, Pasadena, California, United States