We (the people at Magical Connect) run a service called Magical, which we would love you to use. Magical is designed to help you to remember things that you like (and what you like about them), occasions for giving gifts, and friends with whom you might wish to exchange gifts. In the use of our service you may choose to publish some of this information, for example by sharing a review of something you’ve found. Our service is designed to give you as much control and ownership over what goes on your profile as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your profile or get linked to from your profile (things like spam, viruses, or hate content).
If you find a Magical profile that you believe violates our terms of service, please visit our dispute resolution & reporting page.
(Note, the below Terms of Service is based on the original kindly made available by wordpress.com under a Creative Commons Sharealike license. We appreciate their contribution, and would like you to know that our modified version, just like their original, is under that same license. So you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we’re sure they’d appreciate (and deserve) a link to wordpress.com somewhere on your site.)
Terms of Service:
The following terms and conditions govern all use of the Magical website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Magical Connect, Inc. (“Magical Connect”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Magical Connect’s and procedures that may be published from time to time on this Site by Magical Connect (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. By using this Website you affirm that you are at least 13 years old.
1. Your Magical Account and Site.
If you create a profile on the Website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Magical Connect may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Magical Connect liability. You must immediately notify Magical Connect of any unauthorised uses of your profile, your account or any other breaches of security. Magical Connect will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a profile, comment on a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and web sites, and similar unsolicited promotional methods;
your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Magical Connect or otherwise.
By submitting Content to Magical Connect for inclusion on the Website, you grant Magical Connect a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Magical Connect has the right (though not the obligation) to, in Magical Connect’s sole discretion (i) refuse or remove any content that, in Magical Connect’s absolute opinion, violates any Magical Connect policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Magical Connect’s sole discretion. Magical Connect will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. Magical Connect has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Magical Connect does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Magical Connect disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Magical links, and that link to Magical. Magical Connect does not have any control over those non-Magical websites and webpages, and is not responsible for their contents or their use. By linking to a non-Magical website or webpage, Magical Connect does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Magical Connect disclaims any responsibility for any harm resulting from your use of non-Magical websites and webpages.
5. Copyright Infringement. As Magical Connect asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Magical violates your copyright or the copyright of another person, you are encouraged to notify Magical Connect by sending an email to email@example.com containing details of the Material(s) that you believe infringe(s) copyright, identify each copyright protected work in which you believe copyright has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. Magical Connect will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Magical Connect will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Magical Connect or others. In the case of such termination, Magical Connect will have no obligation to provide a refund of any amounts previously paid to Magical Connect.
6. Intellectual Property. This Agreement does not transfer from Magical Connect to you any Magical Connect or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Magical Connect. Magical Connect, Magical, the Magical logo, and all other trademarks, service marks, graphics and logos used in connection with Magical, or the Website are trademarks or registered trademarks of Magical Connect or Magical Connect’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Magical Connect or third-party trademarks. Except as expressly provided in this Agreement, no part of the Website (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
7. Changes. Magical Connect reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Magical Connect may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. If you object to any variation to this Agreement, your only remedy is to immediately discontinue your use of the Website.
8. Termination. Magical Connect may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Magical account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. To the fullest extent permitted by law, Magical Connect and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Magical Connect nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to this Agreement that is not contained in it, are excluded to the fullest extent permitted by law. Any liability arising in relation to your use of the Website, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law. In no event will Magical Connect, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Magical Connect shall have no liability for any failure or delay due to matters beyond their reasonable control. Your sole remedy against Magical Connect for dissatisfaction with the Website is to stop using the Website. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless Magical Connect, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising directly or indirectly out of your use of the Website, including but not limited to: (i) your violation of this Agreement; (ii) any Content you contribute or post to the Website; and (iii) your use of or access to any websites operated by third parties and/or any dealings with such third parties linked from the Website.
This Agreement constitutes the entire agreement between Magical Connect and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Magical Connect, or by the posting by Magical Connect of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in New South Wales, Australia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the procedures of the Australian Mediation Association by a mediator or mediators appointed in accordance with such procedures. The arbitration shall take place in New South Wales, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Magical Connect may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.