Terms of Service

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 contact us at support@magic.al.

(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 info@magic.al 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.

11. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Magical
Connect Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or
regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.

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.

13. Miscellaneous.

• 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.