Conditions of Use
Conditions of Use
This is the Website of MAGIC SENSES®. This is an agreement between YOU (the visitor/customer) and MAGIC SENSES® ("us", "we", "MagicSenses.com"). Please, read this agreement very carefully.
The Website is offered to you conditioned on your acceptance without any changes of the terms, conditions and notices contained in this statement. These terms and conditions also apply to all the transactions conducted through our Website. By using www.MagicSenses.com, you accept, understand and agree to all (and any) terms, conditions and notices. If you do not agree to our terms, you may not use this Website.
All content of MAGIC SENSES® website (including pictures, information, text, logo, button images, design, layout) is the sole property of MAGIC SENSES® (Stockton, CA 95209), Copyright © 2006 - 2011. All rights reserved. The compilation of all content on this site is the exclusive property of MagicSenses.com, with copyright authorship for this collection by Magic Senses® and protected by U.S. and international copyright laws. Any copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution of any Materials, in whole or in part, is strictly prohibited and will be considered a violation of the Company's intellectual property rights and could result in legal liability and/or criminal sanction.The software application provider and author for "zen-cart", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for zen-cart remains the intellectual rights of www.zen-cart.com.
Magic Senses is a Registered Trademark. Our trademark and trade dress may not be used in connection with any product or service that is not provided by Magic Senses, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MagicSenses.com. All other trademarks not owned by MagicSenses.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MagicSenses.com or its subsidiaries.
When you visit MagicSenses.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Use of Site
If you choose to visit MagicSenses.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of our local state.
The MAGIC SENSES® website is for your own personal and non-commercial use. You may not copy, display, distribute, modify, publish, reproduce, transmit, transfer or sell any pictures, information, products or services obtained from this Website. You may display, copy, download and print hard copy portions of the material from different pages of this Website only for your own non-commercial use, to place an order with MAGIC SENSES® or to purchase MAGIC SENSES® products. Any other use of materials on this Website, including but not limited to the display, distribution, modification, reproduction, republication or transmission of the content of this Website, without prior written permission of MAGIC SENSES® is strictly prohibited.
The use of abusive, defamatory, racist, sexually implying, threatening or obscene language on the MAGIC SENSES® Website is strictly prohibited. Any criminal offense (or encouragement of criminal offense), violation or infringement of privacy or publicity rights, impersonation of others, violation of the rights of any party, illegal activities (or encouragement of illegal activities) that may result in any damage or harm to any person are strictly prohibited and will be punished according to the United States Laws and Judicial decisions.
License and site access
MAGIC SENSES® grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MagicSenses.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MagicSenses.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MagicSenses.com and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing MAGIC SENSES® name or trademark without the express written consent of MagicSenses.com. Any unauthorized use terminates the permission or license granted by MagicSenses.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MagicSenses.com so long as the link does not portray MagicSenses.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MagicSenses.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Your membership account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MagicSenses.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, emails, and other content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MagicSenses.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MagicSenses.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MagicSenses.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MagicSenses.com or its associates for all claims resulting from content you supply. MagicSenses.com has the right but not the obligation to monitor and edit or remove any activity or content. MagicSenses.com takes no responsibility and assumes no liability for any content posted by you or any third party.
The products purchased from MagicSenses.com are not intended to diagnose, prevent or cure any disease. The information presented on this site is for educational purposes only and is not intended to replace advice from your physician or other health care professional or any information found on any product label or packaging. You should always consult with a qualified health care professional before using our products, especially if you have a skin disease, allergies or are taking prescription medication. The information we offer comes either from general literature or from the feedback we receive from our customers.
Risk of loss
All items purchased from MagicSenses.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
While we strive to make no mistakes or typographical errors, we appreciate you letting us know when you find any. Pricing and availability mistakes will be fixed as soon as possible. If we discover any mistakes concerning your order, we will confirm with you prior to shipping or billing. However, MAGIC SENSES® reserves the right to refuse or cancel any orders placed for products at the incorrect price. If your card has already been charged for the purchase and your order is cancelled, MAGIC SENSES® shall issue a refund for the incorrect priced product.
Third Party Links (Affiliated Websites)
MAGIC SENSES® makes every effort to provide products of very good quality. At the same time, we know that different customers have different needs and/or taste; that is why we offer links to other sites on the Internet that might help you find what you need. These Websites are owned and operated by Third Parties; they have their own terms, conditions and policies. MAGIC SENSES® has no control over the information contained on these Websites and cannot be held responsible for the privacy practices or the content of those linked Websites. If you visit these links, it is your responsibility to review their terms, conditions and policies.
These Terms and Conditions were last reviewed on August 10, 2011 and are effective immediately. MAGIC SENSES® may update this agreement at any time. Our subscribers will be notified by e-mail if significant changes occur.
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