Welcome to the web site of Magic Planet. ("Magic Planet", "us", or "our"). Our services and products presented in the Magic Planet web site ("site") are provided subject to the following terms and conditions. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
USE OF MESSAGE SERVICES
COPYRIGHTAll content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Magic Planet or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of Magic Planet is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Magic Planet and are protected by U.S. and international copyright laws. All software used on this site is the property of Magic Planet or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" section below.
Magic Planet suppliers include:
Sedona New Media
Certain marks used on our site are registered trademarks or service marks of Magic Planet, in the United States and other countries. Certain Magic Planet graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Magic Planet or its affiliates. Magic Planet's trademarks and trade dress may not be used for any commercial or other purposes by any party other than Magic Planet or its affiliates without the prior written consent of Magic Planet. All other trademarks and service marks not owned by Magic Planet or its affiliates or 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 Magic Planet.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
Magic Planet honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify Magic Planet by following the procedure set forth in the immediately following paragraph. Magic Planet does not reproduce or manufacture any products that it offers on its site, but rather purchases product from various suppliers that claim to have sufficient rights to sell their products to Magic Planet for display on our site and sale to our customers. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, Magic Planet will remove such actual or alleged infringing products from the site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed, or used by Magic Planet in a way that constitutes copyright or trademark infringement, please provide Magic Planet's agent with the written information specified below. Please note that this procedure is exclusively for notifying Magic Planet and its affiliates of your belief that your copyrighted material or trademark(s) has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; A description of the copyrighted work or trademark that you claim has been infringed; A description of the site location of the claimed infringing material, including the ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law;
A statement by you that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf. Magic Planet's agent for notice of claims of copyright or trademark infringement relating to its site can be reached as follows:
Magic Planet Productions
PO Box 4111
Sedona, Az 86340
LICENSE AND SITE ACCESS
Magic Planet grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of Magic Planet; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without the prior written consent of Magic Planet or through Magic Planet's affiliate program (see Magic Planet's Affiliate Program Agreement). This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; 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 party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Magic Planet. 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 Magic Planet or our affiliates without Magic Planet's prior written consent. You may not use any meta tags or any other "hidden text" utilizing Magic Planet's name or trademarks without the prior written consent of Magic Planet. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by Magic Planet. You may not create any link to use any Magic Planet logo or other proprietary graphic or trademark as part of the link without Magic Planet's prior written permission or as specifically provided for under Magic Planet's Affiliate Program as referenced above.
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. Magic Planet and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
RISK OF LOSS
All products purchased from Magic Planet are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
Magic Planet attempts to describe the products offered on the site as accurately as possible. However, Magic Planet does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Magic Planet and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MAGIC PLANET WARRANTS THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, MAGIC PLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGIC PLANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. MAGIC PLANET DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAGIC PLANET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Magic Planet WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the site, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between you and Magic Planet relating to that agreement.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
TERMS & CONDITIONS
Magic Planet reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed. If payments are not made in a timely manner, Magic Planet, at its option, may terminate this Agreement immediately.
COMMITMENT TO FULFILLING TERMS OF AGREEMENT
Advertisers and/or its agencies understand that all discounts given are based on the Advertiser's commitment to fulfilling the Agreement. If, for any reason, this frequency is not met by the time of expiration or cancellation of the Contract, Advertiser agrees to pay a short rate charge on all ads run based on the applicable rate card for the actual frequency completed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING
Magic Planet reserves the right to refuse any advertisement banner that does not completely conform to every detail, Magic Planet reserves the right to refuse any advertisement banner that does not arrive five (5)days before the advertisement is to be placed online. Magic Planet does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which Magic Planet shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. This Agreement is voidable by Magic Planet immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, Magic Planet may in its complete discretion refuse the use of any other advertising that it deems appropriate.
USAGE STATISTICS: MAGIC PLANET MAKES NO GUARANTEE THAT USAGE STATISTICS WILL BE EQUAL TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. MAGIC PLANETSHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS.
TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with Magic Planet's advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Magic Planet for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify Magic Planet and to hold Magic Planet harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Magic Planet, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that Magic Planet be listed as an additional insured on any policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.
LIMITATION ON DAMAGES: IN NO EVENT WILL MAGIC PLANET BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MAGIC PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Advertiser may not assign this agreement, in whole or in part, without Magic Planet's written consent. Any attempt to assign this Agreement without such consent will be null and void.
This Agreement will be governed by and construed in accordance with the laws of the State of Arizona.
This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by Magic Planet's rate card, whether printed on paper or electronically. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. Magic Planet may change this agreement at any time without notice.