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magicDepot.com Website Terms of Use
and Notices
Last Updated: October 2007
1. THIS IS AN AGREEMENT BETWEEN YOU AND magicDepot.com, Inc.
This is an agreement ("Agreement") between you and magicDepot.com, Inc. This
Agreement governs your use of the magicDepot.com web site.
magicDepot.com, Inc. OFFERS THIS WEB SITE TO YOU CONDITIONED ON YOUR
ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE
magicDepot.com WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE
PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW magicDepot.com, Inc. MAY MODIFY THIS AGREEMENT
magicDepot.com, Inc. reserves the right to change the terms, conditions, and
notices under which it offers the magicDepot.com Web Site. You are responsible
for regularly reviewing these terms, conditions and notices, and any additional
terms posted on the magicDepot.com Web Site. Your continued use of the
magicDepot.com Web Site constitutes your acceptance of and agreement to such
changes.
3. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE magicDepot.com WEB SITE
The magicDepot.com Web Site is only for your personal use. You will not use the
magicDepot.com Web Site for commercial purposes. You will not use the
magicDepot.com Web Site in any way that is unlawful, or harms magicDepot.com,
Inc. its affiliates, resellers, distributors, service providers and/or
suppliers (each, a "magicDepot.com, Inc. Party" and collectively, the
"magicDepot.com, Inc. Parties") or any customer of a magicDepot.com, Inc.
Party, as determined in magicDepot.com, Inc.'s sole discretion. magicDepot.com,
Inc. may tell you about certain specific harmful uses in a code of conduct or
other notices available through the magicDepot.com Web Site, but has no
obligation to do so. You may not use the magicDepot.com, Inc. Web Site in any
way that breaches any code of conduct, policy or other notice applicable to the
magicDepot.com, Inc. Web Site. Without limiting the generality of this section,
you may not use the magicDepot.com, Inc. Web Site in any manner that could
damage, disable, overburden, or impair the magicDepot.com Web Site (or the
network(s) connected to the magicDepot.com Web Site) or interfere with any
other party's use and enjoyment of the magicDepot.com Web Site.
4. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 3, you will not use the
magicDepot.com Web Site to transmit, either directly or indirectly, any
unsolicited bulk e-mail or unsolicited commercial e-mail. magicDepot.com, Inc.
may use filtering technology or other measures in its efforts to stop
unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of
the magicDepot.com, Inc. Web Site includes e-mail related services, then such
filtering technology or other measures may block, either temporarily or
permanently, some e-mail sent from or to you through the magicDepot.com Web
Site.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to magicDepot.com, Inc. related to
the Community section of the magicDepot.com Web Site (a "Submission"), you
grant magicDepot.com, Inc. permission to (1) use, copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, modify, translate and
reformat your Submission, each in connection with the magicDepot.com Web Site,
and (2) sublicense these rights, to the maximum extent permitted by applicable
law. magicDepot.com, Inc. will not pay you for your Submission. magicDepot.com,
Inc. may remove your Submission at any time. For each Submission, you represent
that you have all rights necessary for you to make the grants in this section.
To the maximum extent permitted by applicable law, magicDepot.com, Inc. may
monitor your Submission and may disclose such information in the event it has a
good faith reason to believe it is necessary for purposes of ensuring your
compliance with this Agreement, and protecting the rights, property, and
interests of the magicDepot.com, Inc. Parties or any customer of a
magicDepot.com, Inc. Party.
6. SOFTWARE
Your use of any software associated with the magicDepot.com Web Site will be
governed by the terms and conditions of the end user license agreement ("EULA")
accompanying such software. If you receive any software that is not accompanied
by a EULA, then magicDepot.com, Inc. grants to you a non-exclusive, revocable,
personal, non-transferable license to use such software solely in connection
with the magicDepot.com Web Site and in accordance with this Agreement.
magicDepot.com, Inc. reserves all rights to such software not expressly granted
to you in this Agreement. Such software is protected by copyright and other
intellectual property laws and treaties. magicDepot.com, Inc. or its suppliers
own the title, copyright, and other intellectual property rights in such
software, and such software is licensed, not sold. You will not disassemble,
decompile, or reverse engineer, such software, except and only to the extent
that such activity is expressly permitted by applicable law.
7. INFORMATION AVAILABLE FROM THE magicDepot.com WEB SITE
magicDepot.com, Inc. and its suppliers do not warrant or guarantee the accuracy
or timeliness of any information available from the magicDepot.com Web Site,
even if such information appears in any e-mail, pager, cell phone or other
alerts available through the magicDepot.com Web Site. magicDepot.com, Inc. and
its suppliers do not authorize the use of information available from the
magicDepot.com Web Site for any purpose other than your personal use, and
prohibit to the maximum extent allowable the resale, redistribution, and use of
this information for commercial purposes.
8. magicDepot.com, Inc. MAKES NO WARRANTY
magicDepot.com, Inc. PROVIDES THE magicDepot.com WEB SITE "AS IS," "WITH
ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE magicDepot.com, Inc. PARTIES MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE magicDepot.com, Inc. PARTIES
DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET
ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3)
WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE magicDepot.com WEB SITES
WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND
THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY magicDepot.com, Inc. PARTY BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM
THIS AGREEMENT OR YOUR USE OF THE magicDepot.com WEB SITE, EVEN IF
SUCH magicDepot.com, Inc. PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS
ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF
ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE magicDepot.com WEB SITE,
YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE
OR CLAIM WITH OR AGAINST ANY magicDepot.com, Inc. PARTY WITH RESPECT
TO THIS AGREEMENT OR THE magicDepot.com WEB SITE, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE magicDepot.com WEB SITE.
10. CHANGES TO THE magicDepot.com WEB SITE; ADDITIONAL LIABILITY
LIMITATION
THE magicDepot.com, Inc. PARTIES MAY CHANGE
THE magicDepot.com WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND
FOR ANY REASON. As you use the magicDepot.com Web Site, you
should expect to receive, access or use information, materials, graphics,
software, data and content (collectively, "Content") originated
by magicDepot.com, Inc. and persons other than magicDepot.com,
Inc. (any such person is referred to as a "Third Party"). WITHOUT
LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE
magicDepot.com, Inc. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT,
THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY
THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE
THAT magicDepot.com, Inc. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY
VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE
magicDepot.com WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE magicDepot.com WEB
SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR
FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY
TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE magicDepot.com WEB
SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE
FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE magicDepot.com WEB SITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS
AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT
INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER
APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
magicDepot.com, Inc. may terminate this Agreement, or terminate or suspend your
access to the magicDepot.com Web Site at any time, with or without cause,
with or without notice. Upon such termination or suspension, your right to use
the magicDepot.com Web Site will immediately cease. UPON SUCH TERMINATION
OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE magicDepot.com WEB
SITE MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You hereby irrevocably consent to the exclusive jurisdiction and venue of state
or federal courts in Middlesex County, New Jersey, USA in all disputes
arising out of or relating to the use of the magicDepot.com Web Site.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of this Agreement will
continue in effect. magicDepot.com, Inc. may assign this Agreement,
in whole or in part, at any time with or without notice to you. You may not
assign this Agreement, or assign, transfer or sublicense your rights, if any,
in the magicDepot.com Web Site. Except as expressly stated herein, this
Agreement constitutes the entire agreement between you and magicDepot.com,
Inc. with respect to the magicDepot.com Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and magicDepot.com, Inc. with respect to
the magicDepot.com Web Site. The section titles in the Agreement are
solely used for the convenience of the parties and have no legal or contractual
significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND magicDepot.com, Inc. AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE magicDepot.com WEB SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the magicDepot.com Web Site are Copyright © 2003-2007
magicDepot.com, Inc. and/or its suppliers, 3 Karwatt Ct., Sayreville, New
Jersey 08872 U.S.A. All rights reserved. magicDepot, magicDepot logo (bunny),
and/or other magicDepot.com, Inc. products and services referenced herein may
also be either trademarks or registered trademarks of magicDepot.com, Inc. in
the United States and/or other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective owners. Any
rights not expressly granted herein are reserved.
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