I. Introduction
The Services
This website (or other service) is operated by MagicPlace.com (“MagicPlace.com” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by MagicPlace.com (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Mobile Services (described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a MagicPlace.com site or other Service.
The Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the Services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the Services from your mobile phone (collectively, the “Mobile Services”). Whether or not MagicPlace.com charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.
Age Requirements
In order to use the Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and/or with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.
Legal Agreement Between You and MagicPlace.com; Visitors and Registered Users
These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and MagicPlace.com. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.
Modification of these Terms of Service
MagicPlace.com may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in MagicPlace.com’s policies, or for other reasons. When we do, MagicPlace.com will endeavor to provide notice to users in one or more of the following ways: (1) MagicPlace.com will update the “last updated” date at the bottom of this TOS; (2) MagicPlace.com may post notice of the update on the website or other Service; and/or (3) MagicPlace.com may email notice of the update to the Registered Users. You understand that MagicPlace.com reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.
Privacy Policy
You may be required to register to use the Services.To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. MagicPlace.com agrees that it will use and/or disclose your personal information in accordance with the terms of the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.
III. Community Standards
You Are Responsible For Activities on Your Account
If you are given a password to access the MagicPlace.com Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify MagicPlace.com immediately of any unauthorized use of your account. MagicPlace.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the MagicPlace.com Services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MagicPlace.com users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MagicPlace.com assumes no responsibility or liability for this material. If you become aware of misuse of the MagicPlace.com Services by any person, please email: CS@MagicPlace.com
Prohibited Uses
You agree that you will not: (i) use the MagicPlace.com Services for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the MagicPlace.com Services in any manner that could damage, disable, overburden, or impair the MagicPlace.com Services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any MagicPlace.com user account, computer systems or networks associated with the MagicPlace.com Services; or (iv) obtain or attempt to obtain any materials or information through the MagicPlace.com Services by any means not intentionally made available or provided for.
Prohibited Content
You agree not to post, submit, upload or otherwise display prohibited content on or through the MagicPlace.com Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the MagicPlace.com Services. MagicPlace.com reserves the right to investigate and take appropriate legal action against anyone who, in MagicPlace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from MagicPlace.com Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, at the sole discretion of MagicPlace.com:
• Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
• Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
• Harasses, bullies or advocates harassment or bullying of another person;
• Exploits people in a sexual or violent manner;
• Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
• Solicits personal information from anyone under 18;
• Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
• Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
• Involves commercial activities and/or sales without MagicPlace.com’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
• Posting of subscription service exclusive content, including media, news, links, etc.
Prohibited Activity
The following is a partial list of the kind of activity that is illegal or prohibited on or via the MagicPlace.com Services. MagicPlace.com reserves the right to investigate and take appropriate legal action against anyone who, in MagicPlace.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
• Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
• Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• Advertising to, or solicitation of, any user to buy or sell any products, services or data through the MagicPlace.com Services;
• Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
• Exporting encryption software over the Internet or otherwise to points outside the United States;
• Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
• Any automated use of the system, such as using scripts to add friends or send comments or messages;
• Interfering with, disrupting, or creating an undue burden on MagicPlace.com Services or the networks or services connected to the MagicPlace.com Services;
• Attempting to impersonate another user or person;
• Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
• Selling or otherwise transferring your profile;
• Using any information obtained from the MagicPlace.com Services in order to harass, abuse, bully, or harm another person;
• Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MagicPlace.com Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
• Using the MagicPlace.com Services in a manner inconsistent with any and all applicable laws and regulations.
User Disputes
You are solely responsible for your interactions with other users of MagicPlace.com Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Posting
You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. MagicPlace.com is not responsible for monitoring this information, and MagicPlace.com is not liable for any consequences that may result from the exchange of this information.
MagicPlace.com does not police copyright violations. If any user is reported to have violated copyrighted material, MagicPlace.com is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization.
Community Applications
The MagicPlace.com Services may include use of an email account or emailing, chatting, instant messaging, blogging, commenting, message board activity and/or other forms of online and/or electronic communication (individually and collectively “Community Forums”). Your use of the Community Forum is subject to the Terms of Service.
You understand that MagicPlace.com is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Forums, and that your use of the Community Forums is
at your own risk. Any and all Community Forums are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
MagicPlace.com is in no way liable for any claims arising from your use of any Community Forums. As a condition of your use, you agree to indemnify MagicPlace.com for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Forums. MagicPlace.com reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Forums; to limit, terminate or suspend your use of the Community Forums; and to assess charges for the use of the Community Forums in the future.
Moderator Rights and Responsibilities
Some Community Forums may involve moderators (“Moderators”). MagicPlace.com may, but is not required to, use Moderators on some of the Community Forums. Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. They also reserve the right to handle all Moderator issues privately.
Please remember that Moderators are also users and are dedicating their time to preserving the integrity of the site for every user’s enjoyment. Please make sure you treat them with the respect they deserve.
All correspondence with Moderators should include your username, email address and detailed explanation of the problem encountered.
Moderators are not employees of MagicPlace.com or of any other party; they work as volunteers to help ensure the success of the online community.
Please send any complaint you have to one of the Moderators. If they are unable to rectify the situation, they will contact site management.
User Decorum and Standard of Care
This website (or other MagicPlace.com Service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact a Moderator or MagicPlace.com or email CS@MagicPlace.com immediately.
Duration of Disciplinary Actions
The length of a ban will be determined in the sole discretion of the Moderator and management. The level of severity and degree of disruption caused by the offense will be considered. If a banned user returns to the Community Forums with a new account, that account may also be banned. Other users posting for banned users may result in disciplinary action on the posting user. All bans shall occur without refund.
If applicable, please ensure that your discussion thread title properly describes your post. The Moderators do not have time to read every thread and may move something based on the thread title.
If you would like to start a new discussion thread, please take the time to see if there is already a discussion thread started for that topic. Duplicate threads may be locked and the original will remain.
Please make every attempt to post in the correct forum. The Moderators may move threads not posted in the proper area. Do not use another user’s name in your thread title unless it is a positive post.
Internet etiquette states that UPPER CASE letters are shouting. Unless it is something urgent, please use lower case letters when adding new discussions.
If you start a discussion thread and then regret your decision, within a reasonable time, you may ask to have the thread deleted. If the deletion of the thread will not adversely affect another user, the Moderator may delete the thread provided the request is not unreasonable.
Please post in English only. The Moderators may be capable of moderating only in English and may delete any posts that are in any language other than English.
Always provide the proper link when posting articles so that credit is given to the proper source.
Please refrain from spreading rumors, particularly about MagicPlace.com or the band, celebrity, artist, performer or other public figure or brand that this site may be about. If you did not receive the information you are posting from
a credible source, please do not post it. Moderators reserve the right to delete any posts they believe to contain false information. Please do not disparage or cast in a negative light MagicPlace.com.
Submitting, Uploading and/or Posting Text, Photos, Artwork, Sound Recordings and other Materials
By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the MagicPlace.com Services, in connection with any advertisements and promotions, and for any other purpose for which MagicPlace.com chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to MagicPlace.com or the MagicPlace.com Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting MagicPlace.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to MagicPlace.com’s use of Your Materials, including but not limited to any uses of Your Materials that generate revenue for MagicPlace.com or a third party. MagicPlace.com is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at MagicPlace.com’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the MagicPlace.com Services.
MagicPlace.com may delete any of Your Materials that in the sole judgment of MagicPlace.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MagicPlace.com assumes no responsibility for monitoring the MagicPlace.com Services or MagicPlace.com Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time MagicPlace.com chooses, in its sole discretion, to monitor the MagicPlace.com Services or MagicPlace.com Site, MagicPlace.com nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. MagicPlace.com does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by MagicPlace.com prior to posting and do not necessarily reflect the opinions or policies of MagicPlace.com. MagicPlace.com makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.
Content Available on the MAGICPLACE.COM Services
The MagicPlace.com Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the MagicPlace.com Services (all of these things are commonly referred to as “Content”) are owned exclusively by MagicPlace.com or others who have licensed their material to MagicPlace.com. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the MagicPlace.com Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by MagicPlace.com (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the MagicPlace.com Services are owned by MagicPlace.com or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to MagicPlace.com for which money damages would be inadequate and in such event MagicPlace.com will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MagicPlace.com to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to MagicPlace.com by the copyright owner or the copyright owner's legal agent.
Please note MagicPlace.com operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).
If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MagicPlace.com's Designated Copyright Agent assigned to receive notifications may be contacted as follows:
MagicPlace.com
Attn: Copyright Agent
Street Address
City, State ZIP
Email: Info@MagicPlace.com
You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.
If you posted content on the MagicPlace.com Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):
1. A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.
MagicPlace.com's Designated Copyright Agent assigned to receive counter-notifications is:
MagicPlac.com
Attn: Copyright Agent
Street Address
City, State ZIP
Email: Info@MagicPlace.com
You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.
Customer Support
MagicPlace.com may provide information about how to use the MagicPlace.com Services. If you have any questions about the MagicPlace.com Services or any problems that you would like to report, please email CS@MagicPlace.com. We endeavor to answer all enquiries within two (2) business days, but please allow longer.
IV. Additional Terms and Conditions
Personal and Non Commercial Use Only
You may use the MagicPlace.com Services for your own personal and non-commercial purposes only. Each MagicPlace.com account is to be used by a single user only, and you may not share or allow or permit anyone else to use your MagicPlace.com account to access the MagicPlace.com Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the MagicPlace.com Services except as expressly provided in this TOS.
Illegal and/or unauthorized use of MagicPlace.com Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a MagicPlace.com Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a MagicPlace.com Site. Except as expressly authorized per a written agreement with MagicPlace.com, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and MagicPlace.com reserves the right to remove them from user profiles or other areas of a MagicPlace.com Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of MagicPlace.com Services.
Delay or Failure to Provide Services
MagicPlace.com is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of MagicPlace.com’s control, including, but not limited to, system downtime, internet connectivity issues, power outages. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Third-Party Sites
MagicPlace.com Sites contain links to other websites controlled or operated by persons and companies other than MagicPlace.com (“Linked Sites”). The Linked Sites are not under the control of MagicPlace.com and MagicPlace.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MagicPlace.com is not responsible for web casting or any other form of transmission received from any Linked Site, nor is MagicPlace.com responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by MagicPlace.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the MagicPlace.com Services or are identified on MagicPlace.com Sites, including the delivery of and payment for goods and services.
Your Feedback and Suggestions Submitted To MagicPlace.com
MagicPlace.com wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that MagicPlace.com needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to MagicPlace.com, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting MagicPlace.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to MagicPlace.com's use of the materials contained within such feedback or suggestions. MagicPlace.com is under no obligation to post or use any materials you may provide and may remove such materials at any time at MagicPlace.com's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the MagicPlace.com Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
Warranty Disclaimer
MAGICPLACE.COM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE MAGICPLACE.COM SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAGICPLACE.COM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL MAGICPLACE.COM, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MAGICPLACE.COM SERVICES, WITH THE DELAY OR INABILITY TO USE THE MAGICPLACE.COM SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE MAGICPLACE.COM SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MAGICPLACE.COM SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MAGICPLACE.COM OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MAGICPLACE.COM SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAGICPLACE.COM SERVICES. In no event will MagicPlace.com's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the MagicPlace.com Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
