USER AGREEMENT
User
Agreement - The following describes the terms on which you have access to this
website, its content, services, products, and all agreements. All use
of this website, including but not limited to, viewing the website, ordering of
products, use of products, participating in events, obtaining support, use of
tips posted and all terms constitutes full acceptance and compliance with this
user agreement.
Welcome to Magic360.COM User Agreement. This Agreement describes the terms and
conditions applicable to the use of Magic360.COM (including but not limited to
its content, services, products and all agreements).
We may amend this Agreement at any time by posting the amended
terms or updating this agreement on our site. Except as stated below, all
amended terms shall be effective immediately. This Agreement may not be
otherwise amended except in a writing signed by you and Magic360.COM.
Information and Interference.
You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web pages or
the content contained without our prior expressed written permission. You agree
that you will not use any device, software or routine to interfere or attempt to
interfere with the proper working of the Magic360 site whatsoever. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our system. You agree that you will not
copy, reproduce, alter, modify, create derivative works, or publicly display any
content from our website without the prior expressed written permission of
Magic360.
User Eligibility.
Our website is available only to individuals who can
form legally binding contracts under applicable law. Without limiting the
foregoing, our website is not available to minors because they can not purchase
products, can not use certain products or follow tips without parental consent.
If you do not qualify, please do not use our website. Further, our services and
products and ordering cababilities are
not available to any users who have been suspended from our website.
Information and Content.
We do not control all the information provided by
other users some of which is made available through our system. You may find
other user's feedback and tips and other information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe
practices when using our site, in particular, when following Tips, Magic, and
anything, you should use your own judgment. We are not responsible for
content provided by others or any effect or consequences of such
use. Furthermore, any content provided by us as well, should use
your own judgment and we are not responsible for any content whatsoever,
including all descriptions, tips, products, use of such products, and any claims
that you may have, either directly or indirectly from our website. In the
event that there is an error, typing mistake, information mistake, description
mistake, on our site, you also agree to hold Magic360.com and all affiliates
harmless from all claims whatsoever. All information, content,
descriptions, and products are supplied "as is" at "at your own
risk" and Magic360.COM and all affiliates are not responsible for any
claims, and you should use your own judgment for all applicable use of
information, descriptions, products, tips, feedback and everything and anything
contained on this website.
You agree that any tips, feedback you give to us, either through email or
through our automated website, can be posted and displayed on our website,
further, you agree to give us full rights to such information, to the use of
such information, and to allow us the right to post or remove such information
on our websites without further contact from us. We are in no way
responsible for any such information that we post or remove, nor do we agree or
disagree with such information, however, are making that information available
to our users. You both agree to allow us to use such information and to
hold us harmless for any such claims resulting from such information.
Availability.
Our website may become unavailable for any reason, including technical
difficulties, maintenance or because we stopped the site for any reason
whatsoever. You agree to hold us harmless for any reason due to inability
to access our site, for any reason and including legal, consequential and all
other clasim. With regards to our items, In the event that a product shall be out of stock or
discontinued, you will be notified, and will have the option of either waiting
or canceling the order within a 30 day period. Magic360.COM shall not be
responsible for products that either become discontinued or out of stock and
you, the buyer, agree to hold us harmless against all claims, legal,
consequential, or otherwise in the event that your order is not available or had
to be cancelled. The user of this website agrees and understands that in
some items may not be available due to stock, discontinued products or
otherwise and Magic360.COM makes no expressed warranty or agreement that all
products will be available at all times even after an order is placed. We
do, however, make every reasonable attempt to notify people as soon as possible
within a 30 day period if their item is either out of stock or discontinued.
Pricing, Acceptance of Orders.
Prices are subject to change without notice. We reserve the right to
refuse any orders as we wish and refund any monies paid. Any error in
prices do not constitute a final sale and we reserve the right to inform the
customer of such error and ask for proper payment as required for any
errors. Retail prices are determined from other various retailers,
including stores, online and mail order and because of the varying range of
prices, we are not responsible for any retail price information other than our
own.
Delivery.
We do not and can not control all elements of shipping
and some are completely out of our control. Although less than 1% of
items get damaged, lost or have a problem in the postal service, you, the buyer
understand and agree, that these problems are a fact of life and also agree
completely to hold Magic360 and its affiliates completely harmless against all
claims resulting from shipping problems, regardless if these problems were the
result of our fault or the result of the postal service. You, the buyer,
understand that you can purchase insurance, and you the buyer are completely
responsible for your package and insurance. Additionally, we make no
warranty or statement of express arrival of products for a given date, time or
engagement. Your items are normally shipped as soon as possible, in less
than 30
days, maximum 90 days on backorders, and you will be notified if any additional time is required
due to stock or discontinued products. The buyer understands there is no
guarantee or warrantee or agreements for any items to be shipped by any given
date, regardless of any requests to do so and buyer holds Magic360.Com harmless
against all claims, both directly and indirectly for products that do not arrive
on any schedule, including but not limited to, buyers schedule, buyers written
requests, items out of stock or backordered or discontinued items or lost items,
stolen items or items damaged or lost in the mail system.
Privacy.
We do not sell or rent any information to a third party to anyone about any
user, your privacy is very important to us! However, we use some information to
improve our marketing, promotional efforts, analyze site usage and improve
content and product offerings and tailor to meet our users needs. We may
also deliver some information to you that, in some cases, are targeted to your
interests. By accepting the user agreement you expressly agree to receive
this information. You can remove yourself from receiving some information
by requesting a removal. We do not disclose any other information,
unless requested by law or requested by you, such as a tip given by you,
feedback given by you. We can, and you authorize us to, disclose any
information about you to law enforcement and officials in connection with any
investigation, including intellectual property, piracy, or any investigations.
No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES AND PRODUCTS AND
DESCRIPTIONS OF PRODUCTS AND TIPS AND ALL CONTENT "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
SITE, OUR SERVICES OR OUR PRODUCTS OR TIPS OR FEEDBACK OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
FURTHERMORE, THERE ARE CERTAIN PRODUCTS AVAILABLE THAT INVOLVE THE USE OF
FIRE. THERE ARE INHERENT RISKS INVOLVED WITH THE USE OF SUCH PRODUCTS AND
YOU AGREE TO USE ANY AND ALL PRODUCTS, INCLUDING SUCH FIRE PRODUCTS, AT YOUR OWN
RISK. YOU AGREE TO HOLD US AND ALL AFFILIATES HARMLESS FROM USE OF ANY
PRODUCTS AND SERVICES AND TIPS THAT ARE AVAILABLE FROM OUR SITE.
OUR LIABILITY, AND OUR AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE LESS OF (A) ANY SINGLE ORDER YOU PAID TO US PRIOR
TO ANY ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your breach of this Agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our website and ordering its products. In the event
that you are not in compliance with any terms of this agreement or any
applicable laws, then we reserve the right to suspend and ban you from use of
our website at any time, even without notification. You also agree
that if you do not comply, that you are solely responsible for all legal fees
that we may occur as well as any legal fees that you may occur.
No Agency.
You are independent and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given to the email
address you provide in our site. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to us. In such
case, notice shall be deemed given 3 days after the date of mailing.
Arbitration.
Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in New York, and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof.
Contact for Questions Regarding the User
Agreement
